Key Aspects of Workers’ Compensation Law in Florida

Workers’ Compensation Law in Florida has drastically changed in the past year and a half. Prior to the Supreme Court of Florida’s decisions in Westphal and Castellanos, the Workers’ Compensation Law in Florida gave an unfair competitive advantage to companies across the state. Many injured workers gave up their right to receive medical benefits and to hire a Workers’ Compensation Lawyer, as they assumed the effort was futile. In light of the current Workers’ Compensation Law in Florida, every injured worker should know the key aspects of Workers’ Compensation Law in Florida to maximize recovery!

1) TEMPORARY DISABILITY BENEFITS

The Supreme Court’s Decision in BRADLEY WESTPHAL v. CITY OF ST. PETERSBURG Case No. SC13-1930 (Fla. 2016) was monumental. Prior to Westphal, an injured worker was solely entitled to two years of lost wage benefits. The Florida Supreme Court thought this two-year limitation on lost wage benefits was arbitrary and negatively affected an injured worker’s access to courts and severely deprived an injured worker of critical medical care and lost wages at a time while out of work. Thus, the limitation was stricken down. The Supreme Court drastically shifted the Workers’ Compensation Law from an arbitrary pro-employer law to a law that truly cares for the plight of the injured worker by increasing lost wage and medical benefit entitlement to 5 years. LaBovick Law Group has experienced South Florida Workers’ Compensation lawyers who will fight for your temporary disability benefits.

2) ALL MEDICAL TREATMENT IS PAID BY THE WORKERS’ COMPENSATION INSURANCE COMPANY

Many employers misrepresent the truth and attempt to block Workers’ Compensation claims. Workers’ Compensation attorneys in South Florida may tell an injured worker they cannot help due to the employer’s resistance to run the claim through Workers’ Compensation and/or pay for medical care.  LaBovick Law Group’s pre-eminent South Florida Workers’ Compensation Attorneys will represent your interests. By law, a Florida business with four or more employees must carry Workers’ Compensation insurance. A Florida construction company must carry Workers’ Compensation insurance if it employs one or more employees. Regardless of the industry type, an employer must carry insurance in the above situations or face fines, penalties, and lawsuits.  Carrying Workers’ Compensation insurance means the insurance carrier will pay for all related medical care. Workers’ Compensation Law in Florida requires the employer to remunerate employees for out-of-pocket work injury-related expenses. Let an experienced South Florida Workers’ Compensation Lawyer guide you throughout your claim. Call us at 561-625-8400.

3) YOU PAY ABSOLUTELY NOTHING UPFRONT FOR OUR REPRESENTATION

Workers’ Compensation law in Florida is strictly contingency fee-based. What does this mean to you? You pay nothing out-of-pocket for our legal services.  You have the option of settling your claim. Final resolution or settlement consists of all future medical and lost wage benefits expected and attorney’s fees and costs. Our firm will not force you to settle, as we completely understand medical treatment is crucial to ensure you are able to get back to work.

4) FLORIDA WORKERS’ COMPENSATION LAW IN FLORIDA IS NO-FAULT IN NATURE

Florida Workers’ Compensation Law does not require an injured worker prove someone else or something was responsible for the injuries sustained. Nor is it in any way relevant that the injured may have contributed to the accident/injuries. Florida Workers’ Compensation Law solely requires an injured worker to prove he/she was injured at work. That is it! Report the accident within 30 days to a supervisor or manager and the Workers’ Compensation insurer must provide medical care and lost wage benefits if relevant to your situation. However, many insurers deny and delay medical care and lost wage benefits. You will need a South Florida Workers’ Compensation Lawyer to fight vigorously for all medical and lost wage benefits to which you may be entitled. It is essential you hire an experienced South Florida Workers’ Compensation Lawyer.

LaBovick Law Group specializes in advocating for our client’s rights as the leading Workers’ Compensation Attorneys in South Florida. Our representation costs you NOTHING! We will discuss the case strategy and potential for settlement. DO NOT wait for the Insurance Company to do the right thing, contact LaBovick Law Group, 24/7, 365 days a year. We are here to fight for you!

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Fill out the form or call us at 561-888-8888

Meet your legal team

We fight to win you more

Premises liability

PREMISE LIABILITY

$450,000

James was searching for equipment for painting at Home Depot. In the aisle next to him, there was a worker on a lift stocking the highest shelf. The worker pushed boxes so far across the shelf that they fell off the other edge and hit James in the head. The force almost knocked James unconscious. He sat down and the loud bang got the worker off the ladder to see what fell. When they saw James they offered him a bucket and made a report. James did not recall leaving the store or how he got home. He did not recall much except being at home depot and getting hit in the head. Home Depot told him that it was a small box of dust masks that hurt him. We discovered it was actually a large box of emergency kits that fell off the shelf.

Personal injury

PERSONAL INJURY

$850,000

In this case, our client slipped and fell on water that had accumulated near the hot tubs/showers on the Lido deck of a major cruise line ship. The client suffered torn ligaments to her shoulder that required 2 arthroscopic surgeries. The cruise line took the position that the condition on the floor was open and obvious.

Premises liability

PREMISES LIABILITY

$980,000

Georgia was visiting a friend in the hospital when she walked out of the elevator and into her friend’s room. As soon as she entered the room she slipped on a newly mopped floor without any wet floor sign present. The floor was so wet that Georgia’s entire outfit was soaked. Because of the muted tile floor, the water was invisible. Georgia needed a back operation which was unsuccessful and caused her to slip into a coma. She luckily survived.

Motor vehicle accident

MOTOR VEHICLE ACCIDENT

$1.1 MILLION

AUTOMOBILE REAR END COLLISION

Rodrigo was driving his work truck home when he was rear-ended at a stoplight. Rodrigo needed a fusion of his thoracic spine. A terrible and complex operation. Unfortunately, while Rodrigo was undergoing the spinal operation, one of his children died and he was unable to be with his grieving wife. It was a tragic case that eventually settled.

Bicycle vs car accident

BICYCLE VS CAR ACCIDENT

$1.45 MILLION

David was a teacher at a local high school. He rode his bike to school in the morning and after school would ride another 10 miles for exercise. On a sunny afternoon on his way home an older driver turned right into him as he was riding down the street. He hurt his shoulder and neck and needed two operations. Defendant felt his injury was due to playing football 10 years earlier and would not provide him a fair or reasonable offer.

Car vs commercial truck accident

CAR VS COMMERCIAL TRUCK ACCIDENT

$3.4 MILLION

Joe was driving his 18 wheeler on the Florida Turnpike headed south after a long-haul run.  He was “bobtailing” which means he did not have a cargo trailer on the back of his truck rig.  A drunk driver lost control of his car causing Joe to avoid the accident but drive off the highway and into a canal.  He was injured in the accident but also witnessed a child die when he climbed out of the truck and came to the accident site.  There the injured child was trapped under the car and he was powerless to save the child before it passed.

Auto accident T-Bone

AUTO ACCIDENT T-BONE

$4.5 MILLION

Xao, a Vietnamese immigrant was driving home after work at night to see his pregnant wife. He stopped at a 4-way intersection and looked both ways. He did not see anyone in either direction. As Mr. X when through the intersection he was hit on the passenger side door by a mid-sized black SUV driving without their lights on. Mr. X was catastrophically injured.

Personal injury

PERSONAL INJURY

$8.2 MILLION

This was a hard-fought pedestrian accident case, in which our client was struck by an SUV driven by a teen driver, as they attempted to cross North Military Trail in West Palm Beach, FL. As a result of the accident, our client suffered numerous fractures, partial loss of vision and frontal lobe brain injury that affected his speech, and other personal injuries that required him to be hospitalized for 58 days.

At the time of the accident, our client was a cashier at Walmart and has been unable to return to work.

“This case is the epitome of what we consider part of our Core Culture and broad vision – which is to be Warriors for Justice,” stated Brian LaBovick. “Mr. Jacobus has serious permanent injuries and will continue to fight to regain his life into the foreseeable future. This verdict will allow him to get the professional help he needs to safely navigate the rest of his life.”

Medical malpractice

MEDICAL MALPRACTICE

$15 MILLION

Brain damages child due to medical negligence.  Mother was misdiagnosed upon entry to the hospital while under contractions.  The child was born severely disabled.