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A SWOT Analysis of Florida’s Workers’ Compensation

Workers’ compensation refers to the insurance purchased by an employer on behalf of their employees to provide medical and wage benefits to those injured during the course of their employment. Florida is known as a “business-friendly” state, and its workers’ compensation law is quite extensive in its responsibility toward employees. In this post, we analyze the statute’s benefits and limitations for workers by performing a basic SWOT analysis.

Strengths

Mandatory requirement: Florida law requires all employers to purchase workers’ compensation benefitting their employees, barring certain exceptions.

Entitlement: Florida’s statute is in essence a wage replacement act, and the extent of your injuries forms the basis of your entitlement. Read More

The 3 Key Steps You Should Take When Filing Workers Compensation

When you are hurt on the job, your first concern will probably be to get treatment for your injuries. There are a lot of things that need to be carefully considered when you are facing a worker’s compensation claim through your employer. If you do not follow the appropriate steps, you could risk being denied compensation for your injuries.

Report Immediately

The very first thing you should do when you are hurt on the job is report it to your immediate supervisor. You must report injuries right away so treatment can be offered. If you fail to report your incident in a timely manner, it could result in a denial of worker’s compensation in St. Petersburg. If you report the incident to your immediate supervisor and they do nothing, go to their supervisor or your human resources department. Read More

Expect A Major Decrease in Florida’s Workers’ Compensation Rates in 2019

Get ready for more changes to Florida’s workers’ compensation system in 2019. Florida’s workers’ comp system has been experiencing turbulence since 2016, when the Florida Supreme Court ruled against fee restrictions based on the rationale that it violates workers’ due process rights under the state and U.S Constitution.

As one judge for the majority wrote, “Without the likelihood of an adequate attorney’s fee award, there is little disincentive for a carrier to deny benefits or to raise multiple defenses…Virtually since its inception, the right of a claimant to obtain a reasonable prevailing party attorney’s fee has been central to the workers’ compensation law.”

Though the Florida Supreme Court’s decision was a victory for attorneys and employees, it dealt a major blow to businesses, who have since experienced a 14 percent increase in insurance rates. The Florida House and Senate both created bills in an effort to address the issue of rising insurance costs and attorney’s fees, but they failed to pass anything before their legislative session came to a close in early May. Read More

3 Important Things to Know If You Are Injured On the Job

Regardless of where you work, whether it’s in front of your computer or in a steel factory, you are at risk of suffering from an unexpected injury. Some professions like construction have higher rates of injury, but the truth is that slip and fall accidents are possible anywhere.

If you do suffer from a serious injury while on the job, make sure you understand the workers’ compensation program available to meet your financial needs. You shouldn’t be responsible for the costs of your medical bills, lost wages, and other expenses caused by your injury!

How Do I Know If I Have a Workplace Injury?

A workplace injury is recognized by the workers’ compensation program as any injury or disease that occurs and develops due to the conditions and environment of your job. For example, a mechanic might tear his ACL while stretching to fix a car, or an electrician might fall from a ladder while completing an installation.

Since workers’ compensation covers nearly all injuries, regardless of fault, you can still receive compensation for an injury that wasn’t caused by someone else. The only injuries that are excluded from receiving workers’ compensation insurance are those that occur as a result of you breaking company regulations, committing a crime, or being under the influence of drugs or alcohol. Read More

Your Ultimate Guide to Understanding Workers’ Compensation

Even if you work in a relatively safe place, accidents can happen any time. If you work in a risky setting like a construction site or factory, the likelihood of accidents is even higher. The good news is that, in the event of a workplace accident, you have access to workers’ compensation benefits.

You may or may not expect to become injured or sick in your line of work, but either way it’s important to understand the implications of workers’ compensation so that you are prepared for the unexpected.

What Is Workers’ Compensation?

Workers’ compensation is a form of insurance that your employer is legally bound to carry. It provides you with financial compensation after you suffer a job-related injury or illness. It is possible to obtain workers’ compensation regardless of who caused the injury, short of it being due to your own blatant negligence. In order to obtain benefits, you must forfeit your right to sue your employer in court for your injuries. The system is meant to minimize litigation while still protecting employees. Read More

What You Need to Know about the Florida Workers’ Comp Rate Decrease

The rules and regulations surrounding workers’ compensation in Florida are always evolving, including a recent approval of a 1.8 percent rate decrease for the state’s workers’ compensation insurance. According to the National Council on COmpensation Insurance (NCCI), the decrease was filed as a direct result of the Federal Tax Cuts and Jobs Act implemented by President Trump. Read More

What Is the Relationship between Workers’ Compensation and Social Security?

Workers’ compensation benefits and Social Security Disability Benefits are two of the most commonly accessed and utilized forms of disability in America. However, it is important to understand that they are not mutually exclusive to each other. One can easily affect the other, though the outcome is highly dependent on your specific situation. Capitalizing on each requires the guidance and support of an experienced Florida attorney. Read More

All About Florida’s Workers’ Comp Bill Regarding Immigration Status

A new Florida bill is in the works that would help employees collect workers’ compensation regardless of immigration status. Florida’s Senate narrowly approved the bill late in February in order to eliminate specific parts of the law that allow employers to deny benefits to injured workers who use other people’s Social Security numbers or identifications to obtain jobs. Here is what you should know about this controversial bill. Read More

3 Reasons You Need a Workers’ Compensation Attorney in Tampa

workers compensationYour job is meant to provide you with a salary and safe environment, but you may nonetheless endure an injury or disease as a result of your workplace conditions. Florida law dictates workers’ compensation so that it provides a low-conflict means for employees injured on the job to recover their losses. However, not all workers’ compensation cases are settled quickly and easily. You may find that an experienced Tampa workers’ compensation attorney can help you recover more compensation and resolve your case quickly.

You Must Prove Your Injury Occurred On the Job Read More

Worker’s Compensation Reform is Still Not a Reality

Florida’s workers’ compensation system has been experiencing significant turbulence over the last few years, and there doesn’t seem to be an end in sight.

In 2016, the Florida Supreme Court caused a major change to the workers’ comp system when it ruled in the case Castellanos v. Next Door Company. Marvin Castellanos of Miami suffered neck, shoulder, and head injuries while working for Next Door Company. His workers’ compensation case went to court, and Castellanos was only awarded $822.70 compared to the nearly $37,000 that his attorney had fought for. The attorney himself only earned $164 due to the fee laws that state the attorney receives 20 percent of the first $5,000 in benefits and 15 percent of the next $5,000.     Read More

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