Florida Supreme Court

Florida court to decide if state’s workers’ compensation system is unconstitutional

South Florida appeals court will rule on arguments that question the constitutionality of the state’s current workers’ comp system. Meanwhile the Florida Supreme court is currently reviewing two other important cases that might also affect the outcome of all future claims. The Florida workers’ compensation system was put in place to cover injured workers and thus avoiding expensive civil lawsuits. But in 2014, Miami-Dade Circuit Judge Jorge Cueto ruled that the workers’ compensation law is preventing cases from going to a civil trial. This process is known legally as “exclusivity” and is now being challenged as unconstitutional, mostly due to the 2003 changes in the law that that reduced benefits. New laws were passed in 2003 in an attempt to hold down the high costs of workers’ compensation system after business owners identified that insurance costs were rising so quickly that it was creating a critical situation. But it appears that these laws are being targeted by a handful of lawsuits that challenge the constitutionality of the new laws. Our current system has grown into a very complex maze of laws filled with a long list of workers’ comp limits and benefits all intended to keep costs down. But many are now arguing that some of these new limits are unconstitutional including the removal of the permanent partial disability benefit that was discontinued in the 2003 law overhaul. Some of the other related lawsuits currently being heard in Florida’s Supreme court are now challenging the constitutionality of workers’ comp limits that cap attorney fees. While in another case they are challenging the temporary total disability benefit which limits the length of time you can receive these benefits to only two years. There is no way to know how the courts will rule in these cases but it is known that the outcomes will most likely shape Florida workers compensation cases in the future. The Florida Workers Comp Attorneys at The Broderick Law Firm are following these cases closely and will provide updates as the rulings are handed down by the Florida courts.

Contact a Florida Workers’ Compensation Attorney To Get The Compensation You Deserve.

The Florida Workers’ Compensation Attorneys at The Broderick Law Firm have helped thousands of injury victims recover large settlements for their injuries, losses, and pain & suffering. Get your free case evaluation today by calling 1-800-333-3903 or emailing us.