Florida employees injured at work may be able to bring a valid claim for damages against a third party. For purposes of this blog, a third party means an entity, including an individual, other than the employer or other entity entitled to workers’ compensation immunity. A third party case may…
As I have blogged here before, beginning with the election in 1998 of Jeb Bush as the governor of Florida, state Republicans have been on a mission to limit and eliminate workers’ rights. An area of particular focus has been the workers’ compensation system — Chapter 440 of the Florida…
Pre-Jeb Bush, Florida construction subcontractors were held liable in tort for damages caused by their negligence when the party harmed was an employee of a subcontractor with whom legal vertical privity was not shared. This powerful threat caused subcontractors to pay heightened attention to workplace safety. When subcontractors fell short…
Most Florida employees injured at work will be limited to receiving compensation through the state’s workers’ compensation system as laid out in Chapter 440 of the Florida Statutes. The main reason for this limitation is that employers and fellow-employees are immune from being sued for simple negligence. See F.S. 440.11.…
We are frequently asked if workers’ compensation benefits are exempt from the claims of creditors? The answer is Yes and No. The No first. WC benefits are not exempt from claims based on an award of child support or alimony. While it is up to the creditor to initiate the…
On July 11, 2012, a former client walked into our office and described a February, 2008 work related accident. After being pushed to the ground while trying to break up a hallway fight in a South Florida High School, he was sent by his employer to a workers’ compensation clinic…
This past week our firm settled a workers’ compensation case for $892,000. Included in the settlement package was a Medicare Set Aside. Importantly, while the workers’ compensation carrier had not obtained CMS approval prior to the settlement, the carrier guaranteed that it would cover any CMS required payments above those…
Before Florida adopted a workers’ compensation system, in 1935, for workers injured on the job to recover medical expenses and lost wages, or be compensated for non-economic damages, like pain and suffering, they had to prove that the accident resulted from negligence on the part of the employer or some…
Florida once treated its injured workers with dignity and respect. This is no longer the case. Current workers’ compensation laws treat injured workers as expendable commodities. Little regard is given to their health and well-being. Rather than being a non-adversarial system for the provision of needed and deserved benefits, as…
I discuss settlement with our workers’ compensation clients every day of the week. Even people we don’t represent call on a regular basis to pick my brain about settlement. Each case has its own unique set of variables. No blueprint is available to provide answers. Some basic principles do apply…