Florida Workers' Compensation Lawyer Blog

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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Posted In: Workers' Compensation

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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.

Posted by Randy Zeldin | Permalink | Email This Post

Posted In: Workers' Compensation

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