When you are injured at work, the Florida workers’ comp system is designed to provide medical care and other benefits while you are out of work. The system protects employers from being sued by injured workers while providing workers hurt on the job with much-needed care. While physical injuries clearly fall under the coverage provided by workers’ comp, mental injuries or nervous injuries are a complicated matter. […]
According to a story reported by the Florida Record, an injured worker’s second request to change doctors after a workplace injury has been denied. In a decision by the First District Court of Appeal, the court upheld the lower court’s decision to deny the worker’s request to change doctors because he had already been granted a one-time change of physicians. The injured employee had previously requested a change of doctors when his authorized orthopedic physician retired and the insurance company authorized another doctor. The employee alleged that he should be allowed to change doctors again to return to a doctor with the practice of his original doctor. The court denied the request because the worker had already been granted a one-time change of doctors. […]
According to Florida’s workers’ compensation laws, workers’ comp insurance only covers employees. The law requires that every employer who has four or more employees to have workers’ compensation insurance. The construction industry is an exception — a construction company with one or more employees is required to carry workers’ comp insurance. […]
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. […]