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Determined Coker Law Attorney Fights to Defeat Worker’s Compensation Immunity for Battered Client

Posted on Thursday, September 8th, 2022

Paul Jones* had just finished a long day of work on June 2, 2017, when he clocked out to head home.  Unfortunately, Jones found himself stuck in the parking lot because his manager had opened his own car door and was refusing to let Jones back his car out of its parking space. Jones felt this behavior was out of character, since he and his manager typically worked well together to get the job done. So, Jones was caught off-guard when his manager began to yell at him, and refused to let him leave. Jones kept his cool while trying to reason with his manager to let him leave. Despite his best efforts to diffuse the confrontation, his manager grabbed him in a bear hug, pinned his arms to his sides and threw him around like a ragdoll. Jones shouted for help to an assistant manager standing nearby, but no one intervened to stop the attack. The assault ended after his manager heard a pop in Jones’ shoulder. This pop was a complex tear of Jones’ rotator cuff, which led to three complex surgeries.

Injuries End Worker’s Ability To Earn A Living

Due to his significant, debilitating injuries, Jones was permanently injured and unable to return to work. Jones received worker’s compensation benefits to pay a portion of his lost wages and past medical bills. However, Jones was facing future medical bills, and without an income, was no longer able to support himself. Unfortunately, the worker’s compensation laws in Florida provide no compensation for a person’s total lost wages, and nothing for the real damages someone suffers due to pain, suffering, loss of capacity to enjoy life, and mental anguish.  Florida law also typically prevents an employee like Jones from suing their employer in a civil lawsuit – something known as Worker’s Compensation Immunity.  Florida law does provide a very narrow and difficult path for people to overcome Worker’s Compensation Immunity, but most lawyers won’t take these cases because they are difficult, complicated, and have no guarantee of victory.

Coker Law Believes in Case and Fights to Win It

That is exactly what happened to Jones when he tried to seek help from other attorneys — no one would take his case — but, that changed when he came to Coker Law. Coker Law Shareholder and Board Certified Trial Attorney Matthew Posgay knew what had happened to Jones was wrong, and that there was a way to help him get his life back. Posgay took on the fight to obtain justice for this unprovoked attack that robbed Jones of his health and livelihood. Jones had finally found the experienced and determined attorney he was searching for to overcome the challenges of Worker’s Compensation Immunity. He believed Posgay would recover the full extent of damages he suffered due to the intentional acts of his manager and employer. Posgay filed a lawsuit, and began to build his case through research and discovery. He was well-prepared to head to trial. As the trial date approached, attorneys for the defense realized this would be an uphill battle, and offered a settlement to amicably resolve the case. “I knew representing Mr. Jones would be a long, tough fight, but it was worth it,” said Posgay. “Mr. Jones is a hard-working man who deserved to be treated fairly. Thankfully, we were able to achieve a great result for him.”

Coker Law Can Help You

The experienced team of trial attorneys at Coker Law know that serious injuries related to the acts or negligence of others can be devastating and that financial losses due to such injuries can be a catastrophic blow to anyone. Our goal is to obtain prompt, just and fair compensation for all our clients’ losses. If you suspect that you or someone you love has been a victim of the negligence of others, contact Coker Law at (904) 299-0808 or click here to schedule a consultation.

Case Title: Paul Jones vs. XYZ Corporation* (names changed as case resolved confidentially)

Attorneys/Staff Involved in Case: Shareholder Matthew Posgay, Paralegal Denora Buben

Date of Settlement: June 2022

Amount of Settlement: Confidential Amount