Florida Workers' Compensation Lawyer Blog

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" »

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Posted In: Workers' Compensation , Workers' Compensation Litigation

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Chronic and severe unemployment in South Florida, will result in steeper unemployment taxes to be paid by employers. The Florida Unemployment Trust Fund is nearly depleted. To replenish the funds, employers will be taxed on the first $8,500.00 of wages and the rate of tax is also to rise. Workers' compensation attorney Randy Zeldin of Boca Raton, commented that the number of employers out of business and not paying into the Trust Fund, has declined precipitously.

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According to a new report by the Workers Compensation Research Institute, medical costs have continued to rise, despite the major changes enacted in 2003. Much of the increase was due to physical medicine and physical therapy. Despite increases in medical costs, most Claimants have received inferior medical benefits, according to attorney Randy Zeldin. According to workers' compensation attorney Randy Zeldin, fewer specialists are appropriately brought into workers' compensation cases. Also, Randy Zeldin, Esq. observes that many specialists utilized by the workers' compensation carriers are unwilling to render the services needed by most claimants.

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If the pizza delivery person is struck by a drunk driver, is this workers' compensation or personal injury? The answer is BOTH! The pizza person would have a workers' compensation claim against the Pizza Restaurant and a personal injury claim against the drunk driver.

Attorney Randy Zeldin, Esq. has represented many injured individuals in Palm Beach and Broward Counties, who have dual workers' compensation and personal injury claims. Randy Zeldin, Esq. will conduct free evaluation of the circumstances of your injury in offices located in Boca Raton, Ft. Lauderdale and West Palm Beach.

Continue reading "Many Workers' Comp Cases Are Also Personal Injury" »

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The workers' compensation and Social Security Disability law office of Randy Zeldin, is pleased to announce that Sangitha Palaniappa has joined the staff. "Sangi" as she is nicknamed, is pursuing studies in political science with the intent to earn a law degree. She brings her expertise to all facets of Randy Zeldin's law practice, which services all of Palm Beach and Broward Counties.

Ms. Palaniappa, is fluent in the Tamil and Spanish languages. She is an expert in Baharatnatyam dance.

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Posted In: Florida Construction Accidents and Injuries , Florida Hispanic Workers , Florida Workers' Compensation Conferences , Florida Workers' Compensation Occupations , Social Security Disability , Workers' Compensation , Workers' Compensation Attorney Fees , Workers' Compensation Injuries , Workers' Compensation Legislation , Workers' Compensation Litigation , Workers' Compensation in Supreme Court

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A disturbing trend in workers' compensation litigation is the defense of "major contributing cause." This means that if the need for medical care is not 51% or greater due to the workers' compensation injury, medical care will be shut down!

Randy Zeldin, a workers' compensation attorney in Boca Raton, has been litigating many more cases with this defense asserted. Recently, a laborer with a documented herniated cervical disc, was denied permission for surgery, because an "independent" orthopedist chosen by the carrier, found that the injury was mostly degenerative.

Continue reading "Medical Benefits Being Denied to Injured Workers!" »

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There is a false perception that workers' compensation fraud and other violations are only committed by claimants. In fact, employer fraud and rule violations are an epidemic problem in Florida workers' compensation. The Florida Division of Workers' Compensation has set up a "whistle blower" web site to receive reports of employer fraud. Attorney Randy Zeldin, Esq. congratulates Secretary of State Sink for instituting this program.

Randy Zeldin, Esq., practices workers' compensation in Palm Beach and Broward Counties.

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Shame on you Gov. Charlie Crist, for destroying attorney representation of injured Florida workers!! Gov. Charlie Crist, the self-styled "people's governor" has abandoned working people of South Florida. Instead, Gov. Crist has latched on to the big business and insurance lobbies of South Florida, by signing a law that would make attorney representation on many issues unfeasible.

Randy Zeldin, Esq., has been fighting for the rights of injured workers in Ft. Lauderdale, Boca Raton and West Palm Beach for over 20 years. Randy Zeldin urges South Florida workers to let Gov. Crist know that he is a big disappointment.

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

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The law firm of Randy Zeldin, P.A., announces that Ms. Shwetha Gautham has joined the firm as a legal assistant. Ms. Gautham is currently a student at Florida Atlantic University, nearing a completion of her Bachelor of Arts, after which she will enter law school. Her skills add a new dimension to the law offices of Randy Zeldin, P.A., which specializes in workers' compensation; Social Security Disability and bankruptcy law.

Shwetha Gautham is fluent in the Hindi language and is an expert in Bharatnatyam dance.

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Posted In: Social Security Disability , Workers' Compensation

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Tens of thousands of South Florida workers, from Ft. Lauderdale, to Boca Raton and West Palm Beach, sign on for temporary jobs every day. Although many of these jobs pay near minimum wage, they are often better options than unemployment. Although few of these temporary positions offer benefits, they are required to carry workers' compensation insurance. Randy Zeldin, an attorney practicing in Palm Beach and Broward Counties, urges employees who are hurt on temporary jobs to pursue all rights and benefits afforded under the Florida Workers' Compensation laws

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Sometimes a prolonged recovery after a workers' compensation injury can cause economic harm. Many families of injured South Florida workers, including Ft. Lauderdale, Boca Raton and West Palm Beach, are unable to pay the bills. This is true even if they are receiving workers' compensation benefits. According to NACBA, in South Florida and across the U.S., the number of bankruptcies attributable to workers' compensation and Social Security Disability is climbing. Attorney Randy Zeldin is now representing injured workers and Social Security Disability Claimants for bankruptcy consultations.

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Work in South Florida can be hazardous or even fatal your health. According to the AFL-CIO, across the U.S., an average of 15 workers are killed on the job daily and another 11,000 suffered on the job injuries each day!! Studies have demonstrated that the actual toll is higher, because many injuries are never reported because of fear of retribution.

Workers' compensation attorney Randy Zeldin of Boca Raton, West Palm Beach and Ft. Lauderdale, joins the AFL-CIO in calling for improved workplace safety.

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Florida has one of the worst records of workers' compensation injuries in the U.S. Thousands of workers in Broward and Palm Beach, including Ft. Lauderdale, Boca Raton and West Palm Beach will be injured in 2009! For this reason, it is important that your employer institute a workplace safety plan. The American Heart Association recommends that there be a plan, in which all employees practice.

Attorney Randy Zeldin of Boca Raton, can provide you with more detailed information about workers' compensation laws and remedies.

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

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Across the U.S., more than 2,000 eye injuries occur everyday and 10% of these result in vision loss, sometimes permanently! Common workers' compensation eye injuries take place at South Florida construction sites, among welders, machinists and users of power tools.

Under Federal and Florida law, employers must provide suitable eye and face protection, such as safety glasses or goggles. There are "mandatory eye protection zones" in places such as welding, hazardous chemicals and machine shops. According to the Bureau of Labor Statistics, 60% of all eye injuries happened without safety gear.

Randy Zeldin, Esq. has represented workers in Boca Raton, Ft. Lauderdale and West Palm Beach who have sustained eye injuries. These injuries have ranged from construction workers to professional golfers.

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

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One of the problems facing injured workers in Florida, is the lack of control over medical care. In most instances, the workers' compensation insurance carrier has the right of selection of doctor. The injured worker is given one definite right to change care. This proposition was recently supported by the Courts, in the case of Providence Property v. Wilson.

Unfortunately, the claimant does not have an absolute right as to new physician substituting for the first physician. It can depend on many factors, such as whether a managed care arrangement is in place. Other factors can include the policy of the carrier, the individual adjustor or whether there is only one highly specialized physician available.

Many carriers are deliberately silent about the right to change care and don't usually inform the injured worker

Continue reading "Injured Workers Have Right to Change of Doctors" »

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The fight will begin! The Florida Supreme Court recently ruled that workers' compensation attorneys are entitled to reasonable attorney fees for successful litigation. Within days of the ruling, the insurance industry sought record rate increases of over 18%, to offset what it alleges will be higher attorney fees. The National Council of Compensation Insurance made the request to Florida insurance regulators.

For the past five years, although workers' compensation premiums have gone down, insurance company profits for workers' compensation carriers have been excessive. According to the Florida's Consumer Advocate's Office, the rate increase should be denied and instead, the carriers can absorb any costs increases by a reduction in excessive profits. Randy Zeldin, Esq. a workers' compensation attorney in Boca Raton, Florida urges the Department of Insurance to reject any rate increases, so as not to harm Florida Employers, who are in the throes of a terrible recession

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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.

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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" »

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Posted In: Social Security Disability , Workers' Compensation

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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" »

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

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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.

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