Florida Supreme Court Strikes Down Another Workers’ Comp Law In Favor Of Injured Workers
A five-year workers’ compensation battle has finally been decided by the Florida Supreme Court in favor of the injured worker. The case of Bradley Westphal vs. City of St. Petersburg, et al, the court struck down a portion of Florida workers’ compensation law that cuts off disability benefits after 104 weeks for a worker who is totally disabled but has not reached maximum medical recovery as unconstitutional.
This is a major decision in favor of injured workers throughout Florida. The Supreme Court reinstated the portion of the law that allows for temporary total disability benefits up to 260 weeks (five years). However, there are those who are not in favor of the court’s decision.
This is the second ruling in less than two months that has gone against Florida’s businesses. Mark Wilson, President and CEO of the Florida Chamber of Commerce, commented on the court’s decisions saying, “With job creators already facing a 17.1 percent workers’ comp rate increase, today’s ruling causes even more uncertainty, and is a further sign that Florida’s workers’ comp system is under attack.” Those opposed to the court’s ruling in this case and in previous workers’ comp cases believe the court’s decisions will hurt the state’s economy and business growth.
Injured Workers Entitled to Fair Benefits
Workers’ compensation is designed to provide the medical care necessary for an injured worker to heal after a work-related injury. While the system does not compensate a worker for all lost wages, physical pain, and emotional suffering like a personal injury lawsuit does, the system does provide for partial income while the injured employee is out of work. The court decision in the above case allows injured workers more time to recover from serious injuries without having their temporary benefits cut off.
Because Florida’s workers’ compensation laws have changed recently due to court decisions, workers who are injured on the job may not know they are entitled to additional benefits. The insurance company for the employer does not represent the injured employee’s best interest. A workers’ compensation attorney does that for the worker. Therefore, it is in the best interest of an injured worker to consult with a Boca Raton workers’ compensation attorney to ensure he is receiving all of the benefits he is entitled to receive under Florida’s workers’ comp laws.
Contact a Boca Raton Workers’ Compensation Law Firm
If you have been injured in a workplace accident, contact our office for a free consultation with a Boca Raton workers’ comp attorney.
Contact The Broderick Law Firm, P.L. 1-800-333-3903 to schedule your free consultation.