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To Court Or To Claim?


Worker’s compensation issues in Florida are continuing to heat up as ongoing rulings to favor more just and adequate provisions are being evaluated. This ongoing process is also a general legal issue, in that Florida’s worker’s compensation has been utilized as the only means of gaining recourse for on the ob accidents. However, this is not only limiting to the victims fiscally, but also in terms of overall rights.

Limited Choices

The biggest concern that worker’s compensation laws pose is that injured parties essentially have two choices in their course of action. Accepting worker’s compensation can provide for medical and lost wages, but these provisions are highly stringent, both in the medical care that may be sought and compensation for any adjunct issues that arise from the injury.

In accepting worker’s compensation, injured parties are also giving up their right to pursue further legal action on a civil level for pain and suffering or long term complications. As the full extent of compensation is not always known in advance, this further poses an unjust situation that can greatly impact quality of life and the ability to sustain making a living.

How Long Is Temporary?

Another issue that workers face in accepting compensation through employer insurance provisions is that temporary disability claims have been limited to 104 weeks. The result of this legality is that Florida also has some of the highest rates of re-injury claims on the job, as the limitations in provision often force individuals back to work before they have fully recovered. This factor should also be combined with:

  • • Minimal provisions for pain and suffering
  • • Percentage of lost wages that are covered
  • • Inability to sue for fault after accepting claims
  • • Strictures on coverage for medical treatment

The outcome is that fairness in worker’s compensation can be highly questionable, and choosing the right course of action for an on the job injury can be difficult.

Timing And Choices

Regardless of whether an employee makes the decision to rely upon the insurance coverage of the employer or to take civil action, timing and documentation are still key aspect for any type of compensation. Immediate report and investigation of the injury and circumstances behind it do need to be filed before any forward movement on the case is possible. This information can also allow a personal injury attorney to evaluate the merits of pursuing insurance or an actual law suit.

The current standard for the state is still that worker’s compensation is the prime direction in cases of on the job injury. However, the full extent of compensation is still decided by the court system, and attorney mediation can result in more beneficial returns that are also fair in their monetary provisions for aiding the injured party and restoring quality of life. Further, should an individual make the choice to bypass insurance and take the claim directly against the employer, legal aid can also better define the pros and cons of this action, while also evaluating the merit of the available evidence.

Although the worker’s compensation laws in Florida are still in a process of change, this does not mean that victims need to suffer. Contacting , Goldman, Babboni & Walsh at the occurrence of any jobsite injury can also make the difference in finding the best path to recovery and fair treatment for employees.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

To Court Or To Claim?

Goldman Babboni Fernandez
Murphy & Walsh




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