The question often arises in Florida as to whether undocumented workers can be compensated for lost wages (past and future) in personal injury and workers’ compensation cases. With few exceptions, the answer appears to be No. Although the damages available in workers’ compensation and personal injury cases may differ, both…
Florida’s workers’ compensation system contains many different types of wage loss benefits. Each is unique in scope and character. They are: Temporary total disability (TTD; 440.15(2)): Unable to work prior to maximum medical improvement (MMI) Temporary partial disability (TPD; 440.15(4)): Able to work with restrictions Impairment benefits (IB): Based on…
For the past twenty plus years, the quality and value of workers’ compensation benefits in Florida have diminished. This is especially true for medical benefits. There was a time in Florida when injured workers had a strong say in the selection of their primary care physician. In turn, the primary…
The United States Congress has declared that the purpose of the Family Medical Leave Act (FMLA), located in Chapter 28 of Title 29 of the U.S. Code , is “to balance the demands of the workplace with the needs of families, to promote the stability and economic security of families,…
The anterior cruciate ligament (ACL) is one of the most frequently injured ligaments in the human body. The typical mechanism of the injury is a non-contact twisting movement, usually due to abrupt deceleration and change of direction. Side-stepping (cutting), pivoting and landing from a jump are examples of events that…
Compensation for pain and suffering is available in most types of accident cases. It is not available in Florida workers’ compensation cases. Florida’s workers’ compensation system was instituted so that employees injured at work would not have to prove fault in order to receive benefits. Entitlement to compensation was to…
After being terminated from a job, an employee may apply for Unemployment Compensation benefits through the State of Florida Agency of Workforce Administration. The employer will be notified of the application and given a chance to respond. An agency administrator will then make a decision based on the paperwork submitted…
To the surprise of many, Florida employees justly terminated from their jobs may nevertheless be entitled to receive unemployment compensation benefits. In other words, although an employee’s actions may justify discharge, the same conduct does not necessarily preclude entitlement to unemployment benefits. Betancourt v. Sun Bank Miami, N.A., 672 So.2d…
Exemptions are so common in FLSA cases that practitioners accepting new cases are wise to consider the possibility in all but the most obvious situations. Along with determining the amount of overtime hours, if any, logged by employees, disputes over the applicability or not of exemptions have formed the lion…