Rampant Employer Workers' Compensation Fraud

February 7, 2012 by Randy Zeldin

There is a prevalent myth that workers' compensation fraud in Florida is the sole domain of cheating, scheming workers' compensation claimants who "game" the system. It is a lesser known fact that much of the fraudulent workers' compensation schemes are cooked up by employers, especially in the construction industry.

A typical fraud scheme involves an individual who sets up a "shell" company and purchases a minimum workers' compensation policy, reflecting a small work force. The individual who owns the shell company, will "rent" the policy to various construction subcontractors, who show the policy to general contractors in order to be hired for a specific job site. The subcontractors will pay a "kick back" to the owner of the shell company, usually paid through a check cashing store.

Rep. Daniel Davis of Jacksonville, has introduced a bill in the Florida House of Representatives, aimed at intense scrutiny of these workers' compensation construction fraud schemes.

Attorney Randy Zeldin, Esq., a Boca Raton workers' compensation attorney, favors passage of the bill and advocates increased scrutiny of employer workers' compensation fraud.

The Recession Impacts Florida Workers' Compensation

January 9, 2012 by Randy Zeldin

The prestigious Workers' Compensation Research Institute, has issued a new report, detailing the impact of the ongoing recession on workers' compensation systems across the U.S.. The State of Florida has seen less impact, but here are some of the report's key findings:

1. Overall indemnity (lost wages) payments were increased by only 3% in 2009. Surprisingly, the dollar amount per lump sum settlement of workers' compensation cases in Florida, rose by 12%.
2. Also increasing by 12% for the year 2009, was the cost paid to workers' compensation defense attorneys in Florida.
3. Overall medical costs in workers' compensation rose by 7% in Florida.

Workers' compensation attorney and lawyer, Randy Zeldin, Esq., of Boca Raton, commented that he anticipates that the value of settlements and the dollar amount of indemnity being paid, has dropped steadily since 2009 through the present. Randy Zeldin, Esq. represents injured workers throughout South Florida, including Pompano Beach, Deerfield Beach, Boca Raton, Delray Beach and Boynton Beach.

Florida Lawmakers to Address "Repackaged Prescriptions"

January 3, 2012 by Randy Zeldin

Many physicians in the State of Florida, have added the sale of prescriptions drugs, as a supplemental source of income. The sale of prescriptions medications by physicians, is commonly known as "repackaged prescriptions." This practice often results in exorbitant charges by physicians, to workers' compensation carriers in the State of Florida, according to NCCI Holdings, Inc., a Boca Raton based industry group.

The Florida Legislature is poised to strip away this practice, at the upcoming 2012 Legislative Session to commence in Tallahassee, Florida. H.B. 511, sponsored by Matt Hudson, R-Naples, already passed through Florida's House Insurance and Banking Subcommittee in December, which law would limit doctor dispensing charges.

According to workers' compensation attorney and lawyer Randy Zeldin, Esq. of Boca Raton, Florida, the focus of the Florida Legislature on cost savings, is a continuation of the long term trend favoring employers over the benefits of injured workers.

State of Florida to Raise Workers' Compensation Premiums

October 31, 2011 by Randy Zeldin

Florida Insurance Commissioner Kevin McCarty, will shortly approve an 8.9 percent increase in the premiums paid by employers, to obtain workers' compensation coverage. The increase came at the recommendation of the National Council of Compensation Insurance, which made the request due to the rising cost of medical care, particularly for prescription medications.

Although the increase is significant in terms of size, it is disproportionate to the drastic reduction of benefits received by Florida workers under the Florida workers' compensation laws. Since the "reforms" of 2003 were enacted by the Florida Legislature, the quantity and dollar value of benefits paid to injured workers in the State of Florida has dropped dramatically, according to workers' compensation attorney and lawyer, Randy Zeldin, Esq., of Boca Raton, Florida. According to workers' compensation attorney Randy Zeldin, Esq., there has been a drastic reduction in the number of workers' compensation claims filed; a significant decrease in the number of claims prosecuted by attorneys and a "free fall" in the dollar value of claims settlements.

Will High Unemployment Cast Shadow on the Sunshine State?

October 5, 2011 by Randy Zeldin

Although the Great Recession has caused high unemployment throughout the U.S., the impact has been particularly severe in Florida. The current 10.7% unemployment rate, is far higher than the current national average of about 9%. This means that at least one million Floridians have been chronically unemployed since the current recession began at the end of 2007.

What is particularly worrisome, is the specter of permanent high unemployment in Florida, for the foreseeable future. Some economist project that four years from now, the unemployment rate will be 8%, well above the national average. According to Moody's Analytics, Florida may have a permanent unemployment rate of 6%, which would rank it 42 out of 50 States, falling behind Georgia, Alabama, Tennessee and South Carolina.

If the trend continues, Florida risks losing its most skilled job sector. There are already fears of an exodus of scientists and engineers from the Space Coast, with the closing of the Space Shuttle programs. Fewer jobs and opportunities lead to increased costs of unemployment taxes and workers' compensation premiums.

Workers' Compensation Claims Plummet, But Carriers Want More Premiums

August 29, 2011 by Randy Zeldin

Since the Florida Legislature "reformed" workers' compensation in 2003, the number of claims, the settlement value of claims and the amount of attorney fees paid, have plummeted dramatically. Although there are variations from County to County, some estimates hold that the number of claims are approximately 50% less today, than in 2003. Of course, there are many reasons for the decrease, including a high unemployment rate and a fear of some injured workers to "rock the boat" and jeopardize a job, by filing and pursuing workers' compensation benefits.

Notwithstanding the dramatic decrease in claims and the precipitous decline of the dollar value of benefits paid by workers' compensation insurers, these same carriers are now seeking an 8.9% increase in premiums, as recommended by the National Council on Compensation Insurance (NCCI). Given the very high rate of unemployment in Florida, an increase in workers' compensation premiums can only diminish the chance of an economic recovery and further hiring of employees, according to workers' compensation attorney and lawyer, Randy Zeldin, Esq. Randy Zeldin, Esq., is a workers' compensation attorney and lawyer in Boca Raton, serving injured workers in Pompano Beach, Deerfield Beach, Delray Beach and Boynton Beach.

Prescription Drugs Increase Florida Workers' Compensation Costs

July 25, 2011 by Randy Zeldin

There are many factors which contribute to the rising costs of medical care, as a component of the Florida workers' compensation system. Among these medical costs, prescription drugs are the most significant factor in recent years. According to a study prepared by the Workers' Compensation Research Institute, the average cost per claim in Florida for prescription drugs rose by 14% over the past two years. This is dramatically higher in comparison to other States.

The main reason for the increase in prescription costs was two-fold: 1. More frequent prescription medications by medical providers and 2. More expensive prescription drugs being prescribed.

Florida workers' compensation attorney and lawyer Randy Zeldin, Esq. of Boca Raton, likens the rise of prescription costs in workers' compensation to all other health care sectors, including private major medical coverage and Medicare. "The pharmaceutical companies simply have too much influence over South Florida physicians," according to workers' compensation attorney and lawyer. Randy Zeldin, Esq.. Injured workers in Boca Raton, Pompano Beach, Deerfield Beach, Delray Beach and Boynton Beach often get too little care under Florida workers' compensation rather than too much, stated workers' compensation attorney Randy Zeldin, Esq.

Workers' Compensation Claims Fall Dramatically

May 17, 2011 by Randy Zeldin

Across Florida and across the United States, the number of workers' compensation claims has fallen dramatically over the past several years. In South Florida, cities like Boca Raton, Deerfield Beach, Pompano Beach and Delray Beach, are suffering from high unemployment. If unemployment is high, it is axiomatic that less persons are working, so fewer persons are getting injured on the job. Attorney Randy Zeldin, a workers' compensation attorney and lawyer, attributes the drop in workers' compensation claims to employee fear of retaliation. In a fragile economy, injured workers often fear that if they obtain legal representation and seek all the benefits to which they are entitled under the law, they will lose their job.

According to Randy Zeldin, Esq., workers' compensation lawyer and attorney, it is a violation of the law for an employer to retaliate against any worker for pursuing workers' compensation benefits. Prohibited employer conduct includes job demotion, unreasonable hours, verbal or other harassment and of course, outright termination.

Although there are other factors which have diminished workers' compensation claims, such as improved safety and more automation, the absence of employment in Broward and Palm Beach counties is the primary reason for the fall in workers' compensation claims.

Will the Florida Supreme Court Save Workers' Compensation?

March 30, 2011 by Randy Zeldin

The workers' compensation community has been waiting for the First District Court of Appeals, to determine whether the present workers' compensation law is unconstitutional. In the case of
Kauffman v. Community Inclusions, Inc., the Court upheld the constitutionality of the law. This means that attorney fees are limited to a percentage of the dollar value of the benefits procured. In the Kauffman case, the Judge found that the attorney had earned a fee of over $25,000.00, due to prolonged litigation, but was only awarded $684.83, because of the strict formula in the law.

The unfortunate consequence of the Kauffman case, is that more and more workers' compensation attorneys will leave the practice, unable to make a living. That phenomenon has already occurred in the State of Texas, where it is nearly impossible to obtain attorney representation in a workers' compensation case.

It is now up to the Florida Supreme Court, to voluntarily review and consider the Kauffman case. Hopefully the Supreme Court will accept review and consider whether it's fair that the insurance carriers can buy attorney representation, while the working people cannot.

Randy Zeldin, Esq. Opens Boynton Beach Office

March 14, 2011 by Randy Zeldin

Randy Zeldin, Esq., a workers' compensation and Social Security Disability attorney, announces the opening of his office in Boynton Beach, Florida. The office will serve all individuals in Palm Beach County requiring legal assistance with workers' compensation and Social Security Disability issues.

Broward Sheriff Office Ordered to Pay Deputy Workers' Compensation Benefits for Injuries Sustained In Motor Vehicle

December 17, 2010 by Randy Zeldin

The Hon. Judith Pecko recently ordered the Broward Sheriff Office to pay workers' compensation benefits to one of its deputies, for an injury sustained in a motor vehicle accident. The case, Pulido v. Broward County Sheriff, Case No. 10-005599KSP, was litigated on behalf of the deputy, by Boca Raton workers' compensation attorney, Randy Zeldin, Esq.

In the case, Deputy Pulido, was a "floating" employee who could be assigned to one of several locations maintained by the Broward Sheriff's office during a given employment shift. On the night of the accident, Ms. Pulido was initially assigned to a location in Pompano Beach and before reaching the destination, was ordered by her supervisor to change direction and travel south to the main jail in downtown Ft. Lauderdale. En route on I-95, Ms. Pulido was involved in a motor vehicle accident and sustained injuries.

According to Deputy Pulido's Broward County workers' compensation attorney, Randy Zeldin, Esq., the Broward Sheriff Office took an "unreasonable and unjustifiable position" and denied all workers' compensation benefits, including lost wages and medical care. Ms. Pulido was forced to utilize sick leave and her major medical insurance.

Judge Judith Pecko rejected the positions of the Broward Sheriff Office. She ruled that Deputy Pulido was clearly engaged in employment at the time of her accident, serving the interests and needs of the Sheriff. The case is a victory for law enforcement officers throughout South Florida, who must risk their lives on the roadways while serving the community, according to Ft. Lauderdale workers' compensation attorney Randy Zeldin, Esq.

Continue reading "Broward Sheriff Office Ordered to Pay Deputy Workers' Compensation Benefits for Injuries Sustained In Motor Vehicle " »

Law Office of Randy Zeldin Adds Staff Member

November 3, 2010 by Randy Zeldin

The law office of Randy Zeldin, Esq. in Boca Raton, is pleased to announce that Corissa Mahabir has joined its staff. Ms. Mahabir is a C.P.S.R and has a 440 insurance license. She is a student at Florida Atlantic University and is majoring in journalism. Corissa Mahabir assists in the areas of workers' compensation and Social Security Disability.

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Law Office of Randy Zeldin Adds Staff Member

November 3, 2010 by Randy Zeldin

The law office of Randy Zeldin, Esq. in Boca Raton, is pleased to announce that Corissa Mahabir has joined its staff. Ms. Mahabir is a C.P.S.R and has a 440 insurance license. She is a student at Florida Atlantic University and is majoring in journalism. Corissa Mahabir assists in the areas of workers' compensation and Social Security Disability.

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Excess Insurance Profits Means Less Benefits for Injured Workers

June 28, 2010 by Randy Zeldin

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.

Too Many Employers Don't Have Workers' Compensation Coverage

June 14, 2010 by Randy Zeldin

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.

Public Employers Must Follow OSHA Standards

April 26, 2010 by Randy Zeldin

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.

Florida Workers Have Little Remedy Against Workplace Violence

April 5, 2010 by Randy Zeldin

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.

Illegal to Fire Worker Seeking Workers' Compensation Benefits

February 7, 2010 by Randy Zeldin

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.

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Unemployment Taxes To Rise for South Florida Employers

January 5, 2010 by Randy Zeldin

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.

Florida Workers' Comp Medical Costs Increase

December 11, 2009 by Randy Zeldin

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.

Many Workers' Comp Cases Are Also Personal Injury

October 15, 2009 by Randy Zeldin

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.

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Sangitha Palaniappa Newest Member Law Office Randy Zeldin

September 23, 2009 by Randy Zeldin

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.

Medical Benefits Being Denied to Injured Workers!

September 9, 2009 by Randy Zeldin

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.


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Report Employer Workers' Compensation Violators!

August 20, 2009 by Randy Zeldin

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.

Charlie Crist Abandons Florida Workers

June 3, 2009 by Randy Zeldin

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.

Shwetha Gautham Joins Law Firm of Randy Zeldin, P.A.

April 28, 2009 by Randy Zeldin

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.

Temporary Workers in Palm Beach and Broward Entitled to Workers' Compensation

April 3, 2009 by Randy Zeldin

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

Disabled Workers' Compensation Victims File Bankruptcy

March 16, 2009 by Randy Zeldin

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.

Florida Workers Have High On the Job Death Toll

March 10, 2009 by Randy Zeldin

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.

Safety Can Prevent Workers' Compensation Injuries in Florida

February 26, 2009 by Randy Zeldin

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.

Eye injuries afflict workers in Palm Beach and Broward

February 16, 2009 by Randy Zeldin

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.

Injured Workers Have Right to Change of Doctors

January 30, 2009 by Randy Zeldin

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

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No Need to Raise Workers' Compensation Premiums

January 9, 2009 by Randy Zeldin

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

Attorney Fees for Injured Workers Must be Fair and Reasonable

November 24, 2008 by Randy Zeldin

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.

Florida High Unemployment Chills Workers' Compensation Claims

November 18, 2008 by Randy Zeldin

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.

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Florida Epidemic of Employers Without Work Comp

November 7, 2008 by Randy Zeldin

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.

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Florida Unlicensed Contractors Violate Workers' Compensation Laws

October 13, 2008 by Randy Zeldin

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.