Many factors go into determining the settlement value of a Florida workers’ compensation case. Although the opposing parties are seeking different outcomes – the Claimant wants to recover as much as possible, while the Employer/Carrier wishes to settle for as little as possible – each side benefits from performing a…
Yesterday’s blog was about the primary legal differences between Florida’s workers’ compensation and personal injury systems with regard to accident-related bodily injuries. Today’s blog will address the differences, which are significant, between Florida’s workers’ compensation system and it’s Wrongful Death Act for the loss of life due to accidents. For…
As our law firm has an expertise in workers’ compensation and personal injury cases, we are frequently asked to explain to our clients and other lawyers the differences between the two. Although both types of cases involve bodily injuries, they have little else in common. With rare exception (see Florida…
I have blogged previously on various topics pertaining to premises liability law (open & obvious doctrine; slip & fall; dog bites; and natural conditions. One topic about which I have not written is negligent security. Negligent security cases involve harm to residents, guests, patrons and the like through the conduct…
I am a member of the Florida Justice Association (FJA), a Tallahassee-based organization dedicated to strengthening and upholding Florida’s civil justice system and protecting the rights of Florida’s citizens and consumers. Within the organization is an Internet discussion group, of which I have been a member for more than ten…
Florida police departments are not immune from employing a few bad apples. Occasionally, we learn of a law enforcement officer taking advantage of a vulnerable woman while in uniform during working hours. When such a vile event occurs, the legal question arises as to whether or not the offending officer’s…
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…
In installment #1 of this series of blogs addressing the myth regarding frivolous lawsuits, I tried to debunk the myth through common sense by noting some of the practical considerations that make handling baseless cases untenable for lawyers. In other words, practical considerations alone work against the notion that frivolous…
Many scenarios arise that bring into question the applicability of Florida’s workers’ compensation system for accidents that occur in other states. The general rule is that a worker injured outside of the state is eligible for Florida’s workers’ compensation benefits if: (1) The employer and the employee entered the contract…
I agree with the observations, reproduced below, of one Harry Rosenzweig, whose letter was published by The Miami Herald on 12/19/10: DISLOYAL OPPOSITION Blaming President Obama for the financial crisis and deficit is delusional propoganda. He inherited this mess and saved us from a far deeper crisis. Further, it is…