Florida Workers' Compensation Lawyer Blog

As amazing as it sounds, Florida cities, counties and other governmental agencies are not required to comply with federal worker safety standards. That means that local governments in South Florida, including Ft. Lauderdale, Boca Raton and West Palm Beach, do not have to comply with the standards set for private businesses by the Occupational Safety and Health Administration (OSHA).

This is about to change, if the Florida Public Task Force on Workplace Safety gets its way. The report recommends that all Florida governmental entities adopt federal OSHA workplace standards. Hopefully, more stringent safety standards will save lives, prevent injuries and lower the cost of workers' compensation.

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Florida Workers' Compensation Conferences , Florida Workers' Compensation Occupations

Bookmark:

The Social Security Administration spends over $500 million dollar annually, in order to obtain "paper" medical records. This process requires the applicant to sign a medical release, which is sent over to the treating physician. The entire process causes great expense and delay to needy Social Security applicants, according to attorney Randy Zeldin, Esq. of West Palm Beach and Ft. Lauderdale.

To remedy the situation, Social Security has started a pilot program with the
Cleveland Clinic, to obtain medical records electronically. If successful, this prototype could be a partnership between the private health care industry and Social Security which would streamline the application process.

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Social Security Disability

Bookmark:

The Florida Supreme Court has recently re-instated reasonable attorney fees, to allow injured workers in Palm Beach and Broward Counties and statewide, to obtain competent legal representation. The case, Murray v. Mariner, requires only that a Judge of Compensation Claims look at all circumstances in awarding fees that are fair and reasonable.

Unfortunately, the Florida Chamber of Commerce believes that fair and reasonable attorney fees are only for businesses and insurance carriers. Adam Babington, counsel for the Florida Chamber of Commerce, called reasonable claimant fees determined by a Judge of Compensation Claims to be "...shameful." The Chamber wants the Florida Legislature to undo the Supreme Court decision to favor business and insurance interests.

According to Boca Raton workers' compensation attorney Randy Zeldin, equal protection under the U.S. and Florida Constitutions requires that injured workers and the workers' compensation insurance carrier litigate on an "even playing field." Injured workers must have the same right to reasonable attorney fees as their employers, said Attorney Randy Zeldin.

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Workers' Compensation

Bookmark:

The State of Florida is facing very high unemployment today and into the foreseeable future. According to statistics from the U.S. Treasury, the Florida Department of Revenue has spent $600 million dollars in unemployment benefits since May 2008. With unemployment in Florida currently impacting over 300,000 persons, the situation is devastating for many working persons. Even worse, unemployment benefits average $300.00 per week, not nearly enough for even subsistence.

According to South Florida workers' compensation attorney Randy Zeldin, with offices in Ft. Lauderdale and West Palm Beach, high unemployment historically dampens the willingness of injured workers to fight for workers' compensation benefits. In a bad economy, injured workers are afraid to "rock the boat" with their employers, fearing retaliation or termination from the job. According to Randy Zeldin, this results in many injured workers in Palm Beach and Ft. Lauderdale foregoing workers' compensation benefits or accepting less medical care or benefits than the law allows.

Continue reading "Florida High Unemployment Chills Workers' Compensation Claims" »

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Social Security Disability , Workers' Compensation

Bookmark:

Florida law requires that any employer with 4 or more employees must purchase workers' compensation coverage. Despite the law, many employers fail to obtain the required coverage. The Florida Department of Financial Services, the enforcement arm of workers' compensation, conducted 27, 674 on-site investigations of employers during fiscal year 2008. Of those investigations, 2,518 employers were breaking the law and were ordered to cease operations until workers' compensation insurance was obtained.

Randy Zeldin, Esq., a workers' compensation attorney with offices in Ft. Lauderdale, West Palm Beach and Boca Raton, has seen many injured workers unable to collect workers' compensation benefits. If an employer has no coverage, it often means that they are not "solvent" and without assets. "You can't get blood from a stone" observes Randy Zeldin-no workers' compensation coverage often means no funds to pay injured workers.

Continue reading "Florida Epidemic of Employers Without Work Comp" »

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Workers' Compensation , Workers' Compensation Injuries , Workers' Compensation Litigation

Bookmark:

Social Security Disability applicants with 25 rare diseases and 25 cancers, will benefit from a new "fast track" application process. Instead of waiting for prolonged periods to obtain administrative action, these applicants will get prompt review by Social Security, through a program known as "Compassionate Allowances." The program has been hailed as a great breakthrough, by the National Organization for Rare Disorders.

Social Security Disability attorney Randy Zeldin, applauds Commissioner of Social Security, Michael Astrue, for instituting the program. According to Randy Zeldin, these claims deserve expedited consideration. "Unfortunately, there are many other deserving Social Security Disability applicants from Ft. Lauderdale to West Palm Beach, who also deserve expedited hearings, said Attorney Randy Zeldin

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Social Security Disability

Bookmark:

The Florida Supreme Court issued an historic ruling on October 23, 2008, which will once again allow injured workers to obtain legal help. The case of Murray v. Mariner, stresses that attorneys representing injured workers are entitled to "reasonable" attorney fees. This decision will help even the playing field, so that injured workers can fairly compete with high priced lawyers paid by the insurance companies.

Until the Supreme Court's decision, Florida attorneys such as Randy Zeldin of Palm Beach, had to rely on a "formula" percentage fee, which usually resulted in an unreasonable hourly rate. This has led some workers' compensation attorneys to abandon their clients or to give them substandard representation.

Randy Zeldin, with offices in Boca Raton, Ft. Lauderdale and West Palm Beach, applauds the decision of the Florida Supreme Court. Randy Zeldin is optimistic that Gov. Charlie Crist, will not allow the Florida Legislature to disturb this vital decision

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Workers' Compensation Attorney Fees , Workers' Compensation in Supreme Court

Bookmark:

The Florida Department of Business and Professional Regulation, has been busy arresting unlicensed contractors operating throughout Florida. An unlicensed contractor can be a hazard to many persons. Firstly, it is likely that such criminals will either not complete the work or do substandard job. Beyond that, unlicensed contractors never obtain the required workers' compensation insurance required under the law. All contractors are required to have workers' compensation insurance, as a matter of law.

What happens if an injured worker is injured on your property, without workers' compensation? The homeowner could possibly be liable for the injuries and may well be sued by the injured worker! Therefore, it is vital that all homeowners validate that a contractor hold a valid license and has current and active workers' compensation coverage.

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Workers' Compensation

Bookmark:

Workplace safety in Florida is near the bottom of all 50 States. Construction injuries in South Florida rank among the highest in the country. Florida Chief Financial Officer, Alex Sink, recognizes the problem and has begun classes to assist employers with safety improvements. The classes will provide information on the Florida workers' compensation law, when exemptions apply, what resources are available to help employers and contractors and training on workplace safety.

The State of Florida has certainly improved its record on enforcing compliance with workers' compensation laws. Last year, 2,518 businesses were shut down by the State of Florida, because of failure to obtain workers' compensation coverage.

According to attorney Randy Zeldin, Esq. of Boca Raton, South Floridian workers will be subjected to dangerous workplaces into the future. The penalties and enforcement mechanisms must be made "very severe" according to attorney Zeldin, before things will change in a meaningful way. Further, OSHA has been gutted of a budget and its absence continues to contribute to workplace injuries.

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Florida Construction Accidents and Injuries , Workers' Compensation Injuries

Bookmark:

Many workers in the South Florida region, from Deerfield Beach to Boynton Beach, are injured due to exposure to toxic chemicals or substances at work. Virtually all workers, from construction workers to secretaries, can be regularly exposed to chemical substances which result in injury. The current workers' compensation law places very high levels of evidence in order to obtain medical care and other benefits. Specifically, an injured worker must prove the exact substance by name which caused the exposure! This is often impossible or unduly expensive to prove. Further, the worker must prove the mathematical level of exposure!

This unrealistic burden has led to many cases of chemical exposure being denied by the Courts. In one recent case, Matrix Employee Leasing v. Pierce, a worker suffered from chronic obstructive pulmonary disease. The Judge of Compensation Claim denied all benefits, because the poor worker couldn't prove with medical evidence the exact chemical exposure or level of exposure. As a result, the Court shut down his medical care.

The law office of Randy Zeldin has represented many workers who were injured by chemical exposures, in Broward and Palm Beach Counties. Gov. Christ and the Florida Legislature must re-examine the current state of the law, so that benefits are obtainable by workers who need the medical care.

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Workers' Compensation Injuries

Bookmark:

Across the U.S., 765,000 Americans, including applicants from Boca Raton and Deerfield Beach, are waiting for a Social Security hearing! The outcome is that some applicants literally die before they get benefits. There have been tragic reports of suicide.

According to Boca Raton and Deerfield Beach Social Security Attorney, Randy Zeldin, the terrible backlog is not because of fraud or lack of entitlement for benefits. Instead, it is mostly due to the failure of the U.S. Congress to properly fund the Social Security Administration. Administrative Law Judges and their staff are overwhelmed with cases. Waiting times for hearings in Palm Beach and Broward Counties can be as much as 2 years.

Recently, the Social Security Administration has hired 189 administrative law judges and support staff. The House Ways and Means Committee will be conducting hearings shortly on this important problem.

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Social Security Disability

Bookmark:

Workers' compensation attorneys throughout South Florida have recently ranked all of the Judges of Compensation Claims. This first time "poll" is the thoughtful innovation of Chief Judge of Compensation Claims, David Langham. The results of the poll, show that a high percentage of the Judges of Compensation Claims throughout South Florida, are doing an excellent job. Some of the Judges with outstanding rankings include Mary D'Ambrosio, Timothy Basquill; Sylvia Medina-Shore and Daniel Lewis, among many others. Chief Judge Langham also received a well deserved excellent review.

Gov. Charlie Christ will have the opportunity to appoint two new workers' compensation judges in Gainesville and Jacksonville. Randy Zeldin, workers' compensation attorney of Boca Raton and Deerfield Beach, is confident that Gov. Christ will make quality appointments from the many distinguished candidates nominated by the Judicial Nominating Committee

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Workers' Compensation Injuries , Workers' Compensation Litigation

Bookmark: