Orange County FL Man Alleges Termination Because of Workers’ Comp Claim

In a Florida Record­­ report by Jenie Mallari-Torres, an Orange County man has filed a lawsuit in the 9th Judicial Circuit Court of Florida against Circle K Stores, Inc. In his complaint, he alleges that while working for the defendant in July 2015, he was injured while placing deposits from the store into a bank drop box. Because of the injury, he filed a workers’ compensation claim. Subsequently, he was fired from his position in August 2015. […]

Do You Have Questions About Your Florida Workers Comp Claim?

When you are hurt at work, you have lots of questions. Your employer and the insurance carrier will answer many of those questions. However, you may also want to consult an experienced Boca Raton workers comp attorney to ask questions. An attorney represents your bests interest. He doesn’t represent anyone else — just you. […]

Florida Supreme Court Rules on Worker’s Comp Lawyer Fees

florida workers comp fees ruling

Decision by Florida Supreme Court Regarding Attorney Fees In A Worker’s Comp Case

Workers’ compensation advocates are thrilled with the Supreme Court ruling in April regarding attorney’s fees in a workers’ comp case.

The law regarding attorney’s fees for a workers’ comp case was a sliding scale based on percentages. Regardless of the number of hours an attorney worked on a claim, the attorney received a maximum of 20% of the first $5,000 in benefits obtained on behalf of the injured worker and 15% of the next $5,000 in benefits. The case at hand challenges the Florida Legislature replacing the “reasonable” standard with the sliding scale of percentages. […]

Safely Working Outside in Summer

working in hot temperatures

Tips for Working Outside in Florida During the Summer

According to the U.S. Department of Labor’s Occupational Safety & Health Administration, occupational heat exposure kills and injures thousands of workers each year in the United States. Working outside and working in occupations where conditions inside create extreme working environments (i.e. boiler rooms, bakeries, ceramic plants, glass production, etc.) substantially increases the risk for heat-related illnesses. Steps must be taken to protect workers from extreme heat.

For more information about employer responsibilities and worker rights regarding Occupational Heat Exposure, contact The Broderick Law Firm, P.L. to speak with a Florida workers’ compensation lawyer.

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Can I Receive Workers’ Compensation If I Do Not Have A Work Accident?

Florida’s workers’ compensation laws are designed to protect workers who are injured on the job. Most people associated a workplace “accident” with workers’ compensation; however, that is not the best definition of what is covered by workers’ comp. A better definition of what workers’ compensation covers is a workplace “injury”. Not all injuries in the […]

Can an Employer Do a Drug Test in a Workers’ Compensation Claim?

Many times when a worker is injured while on the job, the employer will require a drug test. For the employee, this often doesn’t make sense when they were doing their regular work. However, Florida state law allows this practice to protect the employer and his business.

Safety Issues

A drug test may be required when the person seeks employment or as a routine fitness for duty test. It may also be required if a person has a history of drug problems or if there is reasonable suspicion. Drug or alcohol use may inhibit a person’s ability to perform his or her job correctly. This results in a higher risk of injury to the worker and his or her co-workers.

Most companies today maintain a drug-free workplace. If your employer implements such a drug-free program, by law your employer must provide notice and education for any drug or alcohol testing. Employers may then require employees to submit to a drug test to detect the presence of alcohol or drugs in the employee’s system. This includes a requirement for drug testing in a workers’ comp claim. […]

Florida Workers’ Comp FAQs

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What Do You Need To Know About a Florida Workers’ Comp Claim?

If you are injured in a Florida workplace accident, you have the right to receive benefits under Florida’s workers’ compensation laws. Below are several FAQs about workers’ comp that can help you as you begin the process of filing a workers’ comp claim.

How long do I have to report a workplace accident?

If you are injured at work, you need to report the accident/injury to your employer immediately or as soon as physically possible. By law, you must report workplace injuries within 30 days of the injury or your claim may be denied. […]

Workers’ Compensation Insurance Company Tricks

workers compensation insurance settlement offer

Is Your Workers’ Compensation Insurance Company Trying to Pull a Fast One On You?

Imagine you are injured while at work. You do not believe you are seriously injured but a few days go by and your back is still hurting so you go to the doctor. The doctor prescribed a treatment plan; however, after a few weeks your back continues to hurt and you are having difficulty working. Your doctor orders an MRI and other diagnostic tests to determine the cause of your pain and the severity of your injury. Your doctor contacts the workers’ compensation insurance carrier for authorization.

Before the procedures can be performed, the insurance company contacts you to offer $10,000 to settle your workers’ comp claim right now. That figure seems like a lot of money, especially when you have been out of work and bills have been piling up at home. For some workers, this could be a third or even a half of their entire annual salary and the insurance company knows this — that is exactly why it made the offer. […]

What are My Options If My Doctor Recommends Surgery for a Workers’ Comp Claim?

Getting hurt on the job is never an easy experience. Dealing with workers’ compensation insurance can make the situation even more stressful. If the injury is serious enough, your doctor may recommend surgery. Once this occurs, you may run into several different issues regarding workers’ compensation coverage for your workplace injury. An experienced Boca Raton workers’ comp attorney can help you sort through the issues to ensure you receive the medical care you need and the benefits you are entitled to receive under Florida’s workers’ compensation laws. […]

Workplace Fatalities: Construction Worker Dies After Falling From Building

CBS12 in West Palm Beach reported that a construction worker died after falling 15 stores in downtown West Palm Beach. The man, an employee for a concrete construction company, was working on the 15th floor of the new apartment building, Alexander Building, located on Fern Street near South Dixie Highway. An attorney for […]