33 U.S.C.A. 907 provides that employers are responsible for furnishing medical care to LHW for so long as the nature of the injuries and process of recovery may require. This sounds good for injured workers, but doesn’t always work out that way. The key to the successful medical outcome for…
Florida Statute 366.15 addresses the issue of medical dependence on electric-powered equipment and public utility companies. Unfortunately, the statute appears to be a toothless tiger. Many Floridians who live in private residences are dependent on electric-powered equipment that must be operated continuously to avoid the loss of life or immediate…
In the November, 2010 election, Republicans gained additional seats in the Florida House and Senate, making their previous solid majorities even stronger. Combined with the election of pro-big business Republican Governor Rick Scott, individuals should expect to see their rights at seeking redress from large corporations dramatically curtailed. One of…
Crime victims may be eligible for up to $25,000 ($50,000 for catastrophic injury) in compensation benefits from the State of Florida’s Victim Compensation Program. (Qualifying crimes include assault, DUI and hit-and-run accidents, rape, and murder.) Unfortunately, the beaurocratic maze that must be navigated to receive benefits, especially during times of…
It is unlawful for any person whose driver’s license has been suspended to operate a vehicle upon the streets and highways of Florida. Florida Statute 322.34. In addition, any vehicle owner who knowingly allows a person with a suspended license to operate his/her vehicle in Florida commits a misdemeanor of…
The Readers’ Forum section, The Miami Herald published a letter from a South Florida doctor containing various assertions about medical malpractice litigation. The letter angered my wife, who decided that a response was necessary. Here it is: Dr. Jerome Reich’s statement that “about 25-30 percent of the cost of our…
Fifteen-passenger vans, especially those manufactured before 2004, are, by design, inherently unstable and unsafe, making them prone to roll over during tire blowouts and quick maneuving at higher speeds. People are being severly injured and killed when the vans roll over. Sadly, federal regulators and auto safety experts have known…
A statute of limitations is a provision that ends a person’s right to claim benefits or sue for compensation and damages. A Florida workers’ compensation claim or petition for benefits is forever barred unless it is filed within (1) two years of the date of injury, or (2) after the…
Florida employees injured in the course and scope of their employment may be eligible for workers’ compensation wage loss benefits. Florida’s workers’ compensation system offers three types of wage loss benefits – Temporary Partial Disability (TPD) (Florida Statute 440.15(4)), Temporary Total Disability (TTD) (440.15(2)), and Permanent Total Disability (PTD) (440.15(1)).…
With the exception of independent contractors working or performing services in the construction industry (Florida Statute 440.02(15)(c)3), individuals working as independent contractors are not eligible for workers’ compensation benefits from the companies for whom they are performing services. The reason why is because they are not considered employees of those…