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Interesting legal decision in Florida
#1
a Florida circuit court judge wrote an opinion that the law limiting a worker to only workers compensation benefits for their injury is unconstitutional.
his reasoning was that benefits have become so reduced and difficult to obtain that the state no longer has the right to limit a workers recovery to only workers compensation.
there have been similar arguments made by attys in other states and have resulted in options for workers to file a negligence claim but no court has ruled the exclusive remedy provisions of a state comp act unconstitutional.
does the existence of a mandatory work comp system require that it be and remain a fair alternative to the negligence system it excludes?

the case was supported by WILG
https://www.wilg.org

the decision is here
https://www.wilg.org/docDownload/674445

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#2

For many workers compensation is not adequate. Why am I reading so many posts about people losing their homes and everything else after injured at work? A person should not lose everything after a work related injury, due to inadequate medical treatment and benefits. Unconstitutional, absolutely!

This is the result of the system being swayed too much to the employer/insurance industry side.

History shows what happens when you tell an oppressed side to eat cake. You can lose more than you bargained for. Some injured workers and their advocates are coming for the head of the insurance/employer industry by stating this system is unconstitutional.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#3
For me, the Ins. Carrier is refusing to pay and I've been out of work since June 28th. Lawyer put in for a hearing..

As of right now, I have nothing to pay my regular ins. at work and will be loosing it, so no money for my diabetic supplies.... I wish there was a way to get more money and more compensation due to work place injuries...
 
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#4
the Florida case is not so much about adequacy of comp benefits as much as balancing the restriction of benefits to the recovery options.
a state can cut comp benefits as much as it wants but if it does so it also has to give the worker the legal option to sue in civil court is how the decision is focused.
as we know civil suits can take a very long time to resolve and during that time there are no benefits coming in precisely when they are most needed.
so for TTD and medical a civil suite is not very helpful; wage loss and PD is really where the legal balance should be.
Florida reduced that benefit significantly with no other legal option for the worker to offset the long term loss of earnings.

i'd be interested to hear what bob or kate's take on the case might be as they are long time Florida comp professionals.
http://www.workerscompensation.com/compn...ional.html
and
http://www.miamiherald.com/2014/08/13/42...ed-by.html

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
I know they system is a no fault deal but in my case my injury was because of an unsafe work area that was well noted weeks before my injury happened and I was forced to deal with it. Would be nice if there would be something extra because to me this was an injury that would have never happened if they would have got off their -ss and fixed the problem.

As was noted you should not lose everything because of your injury. I know you should not get rich because this would make more people try to fake it but once it is decided your injury is real you should not suffer
 
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#6
did your atty say illinois has no penalty or other liability provision against employers for safety violations?
many states do.

did you file a complaint:
http://www.illinois.gov/idol/Laws-Rules/...pltsaf.PDF

more information here
http://www.illinois.gov/idol/Laws-Rules/...fault.aspx

Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#7
I spoke with him back after I hired him and he said then there was nothing we could do but I will ask him again next time we meet. I still have all the paperwork that shows when I reported it and I have the out come from the report
 
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#8
Manley my injury was also due to a safety issue.

About a year prior to my injury at a staff meeting I requested a physical therapist do an inservice on the correct techniques of lifting as several staff members had recently been injured. I was told the costs would be to high for staff training.


A year later I was injured with my injury being the 2nd of four injuries in a three month time spam.




 
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#9
Mine injury was also due to employer negligence by leaving a mat unsecured on the floor and the edges not taped down.
After the fall, they looked at the mat and left it there without modifications for safety.

 
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#10
most injuries are "preventable" or involve some unsafe behavior or situation.
very few rise to the level of an enforceable safety violation or employer penalty.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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