Florida Workers' Compensation Lawyer Blog

Since the Florida Legislature "reformed" workers' compensation benefits in 2003, injured workers continue to see a decline in benefits provided. The insurance carriers are denying more benefits and sometimes entire claims, knowing that there is little risk to them. Attorney fees that a carrier might pay if it loses before a Judge of Compensation Claims, are minimal. Further, the carriers now have virtually 100% control over the selection of physicians. This often results in assignment of physicians willing to assist the needs of the insurance carrier, rather than the injured worker.

These significant changes in the law have resulted in excessive profits for the workers' compensation industry. Attorney Randy Zeldin was featured in an article in the Orlando Business News, in which he cited falling benefits as the basis for increased profit margins.

Workers compensation attorneys such as Randy Zeldin, Esq., have known for many years that employers throughout South Florida fail to purchase workers' compensation insurance. Under Florida law, most employers with four or more employees, are required to have workers' compensation coverage. In reality, there are thousands and thousands of employers who break the law and fail to purchase coverage.

Enforcing the law, sits with the Florida Department of Financial Services. Although Alex Sink has done an admirable job, it is a task left undone. Recently, a "sting" operation closed down 70 employers, operating without workers' compensation coverage. Workers' compensation attorney Randy Zeldin, Esq., practicing in Ft. Lauderdale, Boca Raton and West Palm Beach, believes that stepped up enforcement and harsher penalties, including imposition of felony convictions, is necessary to protect injured workers in Palm Beach and Broward Counties.

According to the Florida Office of Insurance Regulation, 16 workers' compensation carriers have been ordered to pay back "excessive profits" to policyholders. This amounts of 9.4 million dollars being returned to policy holders. Some of the insurance carriers making excessive profits, specifically AIG, were recipients of U.S. Federal taxpayer bail out funds.

Randy Zeldin, Esq., a Boca Raton workers' compensation attorney, asks Florida Insurance Commissioner Kevin McCarty to determine the source of the "excessive profits." Drastic changes in the Florida workers' compensation law, likely have translated skimpier benefits to injured workers as the source of fatter profits for the insurance industry. Randy Zeldin, Esq., with office in West Palm Beach, Ft. Lauderdale and Boca Raton, further suggest that Gov. Charlie Crist scrutinize the origin of excessive insurance profits, in a time of great recession for South Florida working people.

In 2010, it is estimated that 3.3 millions persons will apply for Social Security Disability. That is an increase of 300,000 applications from 2009. There are many reasons for the spike in applications. The aging of the adult population is one factor. Many observers, including Social Security Disability Attorney Randy Zeldin, Esq., believe that the economic recession is the main cause. According to attorney Randy Zeldin, Esq., of Boca Raton, he has seen a large increase of Social Security applicants, who were pushed out of the tight job market, because their disability made them totally unemployable.

The outcome of the increase of applications, is a huge backlog and a long waiting period. According to the Congressional Research Service, most applicants now wait an average of approximately two years until the claim is processed and appealed. Attorney Randy Zeldin, Esq., with offices in Boca Raton, Ft. Lauderdale and West Palm Beach, hopes that the U.S. Congress will finally authorize additional monies to the beleagured Social Security Administration

Incredibly, governmental entities in Florida, including State, County and City entities, are not required by Florida law to follow federal OSHA safety standards. This is particularly important, because Florida has one of the worst on-the-job accident rates out of the 50 States.

To date, the Florida legislature has failed to pass this critical legislation, being promoted by the Florida Public Task Force on Work Place Safety.

Boca Raton workers' compensation attorney Randy Zeldin, Esq., has seen many work place accident victims, due to OSHA violations throughout Palm Beach and Broward Counties. Attorney Randy Zeldin urges the Florida legislature to make OSHA a State priority to save lives and injuries.

Just recently, a Publix employee was killed by a co-worker. Although the victim's family may receive "death benefits" from workers' compensation, these are relatively meager. According to Boca Raton workers' compensation attorney, Randy Zeldin, it is nearly impossible to sue the Employer in a case of workplace violence. In order to sue an employer, according to attorney Randy Zeldin, it must be proven by "clear and convincing" evidence, that the employer took actions which made injury "virtually certain."

This standard is nearly impossible to prove. For unfortunate victims of workplace violence, there is little chance of bringing a lawsuit. Unfortunately, this will give little economic incentive to employers around Florida, to initiate programs to prevent workplace violence.

The Social Security Administration has expanded its Compassionate Allowance Initiative, to include early stage Alzheimer's Disease, primary progressive aphasia and mixed dementia. This Initiative is an attempt to streamline the Social Security application process, for diseases and disabilities which generally meet the criteria to receive benefits.

Social Security Disability attorney, Randy Zeldin, Esq., with offices in Boca Raton, Ft. Lauderdale and West Palm Beach, applauds the move. It is estimated that there are over 5.3 million Americans with Alzheimer's Disease and most, if not all of these individuals, will eventually quality for Social Security.

Continue reading "Social Security Compassionate Allowances Initiative Is Expanded" »

There is a growing movement in Florida to make certain that employers comply with all OSHA
regulations. The efforts of the The Florida Public Taskforce on Workplace Safety, are fully supported by Boca Raton workers' compensation attorney Randy Zeldin, Esq. The Florida Legislature should support proposed legislation, which according to Florida workers' compensation attorney Randy Zeldin, Esq., would greatly improve the legal standard for workplace safety.

The Social Security Administration has announced that it will fast-track Alzheimer's disease and 37 other conditions. This will significantly shorten the waiting time for certain seriously ill patients, according to attorney Randy Zeldin. The average waiting time for a Social Security appeal, according to attorney Randy Zeldin, is 440 days. This is much too long for many sick Social Security applicants, in the Boca Raton area.

Many injured workers in Broward and Palm Beach Counties, are afraid to pursue workers' compensation benefits, for fear of being fired. Boca Raton workers' compensation attorney Randy Zeldin, notes that many potential clients worry that they will lose their jobs if they hire a lawyer. In a new case, Ortega v. Engineering Systems Technology, Inc., the Florida District Court of Appeal affirmed well recognized law, prohibiting punishing of workers because they pursue workers' compensation benefits.

Continue reading "Illegal to Fire Worker Seeking Workers' Compensation Benefits" »

Social Security Disability Attorney, Randy Zeldin, applauds the decision of the Social Security Administration to obtain medical records electronically from doctors. The process would further pay physicians $15.00 for each request. The Social Security Administration placed notice of this procedure in the recent Federal Register.

"Given the backlog of Social Security Disability Cases," said attorney Zeldin from his Boca Raton office, "all attempts by the government to speed up the process are welcome." Further, attorney Zeldin emphasized that Social Security Disability Applicants from Ft. Lauderdale, Boca Raton and West Palm Beach, could be favorably impacted by speeding up the hearing process.

Boca Raton Social Security Disability Attorney, Randy Zeldin, Esq., is frequently asked about the relationship of VA Benefits to Social Security Disability Benefits. VA Disability compensation is not affected by the receipt of Social Security Disability compensation. That is, receipt of Social Security Disability benefits will not be impacted by the receipt of non-service connected VA Benefits.

Continue reading "Will VA benefits impact Social Security Disability Benefits?" »