Injured workers in Florida are entitled to two different categories of lost wages: medical and indemnity. Strictly speaking, “lost wages” most often refers to indemnity benefits. These money benefits are provided to injured workers when they are no longer working due to their injury.
While your legal case may be settled, your settlement check often must travel through an extensive process before it is in your hands. The release of the check only occurs after your lawyer has verified possible liens, outstanding paperwork, and health insurance. Every case is different and depends on the type of case, whether personal injury or workers’ compensation.
When a product fails and causes injury, it’s likely that the people involved in manufacturing the product can be held liable for their part in the breakdown. Product liability attaches liability to the manufacturer, seller, and distributor. In some cases, the suppliers and retailers can be held responsible for product failure.
While product liability is very broad, generally the law is limited to products that are considered a tangible personal property.
The COVID-19 pandemic has created a global shift in how everyday workers conduct business, including lawyers. From typical office workers to teachers, operating remotely to limit person-to-person contact has become an everyday reality.
Workers are often concerned about getting fired because they consulted or hired a lawyer to handle their worker’s compensation claim or personal injury claim. A smart employer will not fire you. Firstly, it is illegal for an employer to fire you for filing a claim or working with an attorney; secondly, termination will not affect your ability to receive worker’s compensation. This is considered wrongful termination and retaliation.
One of the most perplexing aspects of the Florida Workers’ Compensation law is the lack of resources or solutions for workers when they have a career-altering injury. When an injured worker has completed their medical treatment but is still physically unable to return to their employment before the injury, the system has very little options for that worker.
The workers’ compensation community accepts and expects that injured workers in the state of Florida do not get to choose which doctors will treat them for their on-the-job injuries. However, when someone gets injured on the job, they are often frustrated by their lack of choice over who is going to treat them for their injuries.
Complex Regional Pain Syndrome (CRPS) is one of the most devastating and perplexing conditions that can occur following an accident. It does not distinguish where the accident occurred, whether it be a work injury, car accident, or fall at home. It is likely one is not aware of this condition unless there is a personal connection to it. Seeing it first hand is typically the first encounter whether it be a friend or family member.
On April 5, 2019, the First District Court of Appeal issued its en banc opinion in Sedgwick CMS and The Hartford/Sedgwick CMS v. Tammitha Valcourt-Williams.[1] This case is contradictory to years of established doctrine within the Florida Workers’ Compensation law.