Tag: workers’-compensation
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Florida Court Upholds Rules for Workers’ Compensation Immunity
– The court reaffirmed the tests for exception to workers’ compensation immunity in Florida. – Plaintiffs must prove intentional or grossly negligent conduct to defeat workers’ compensation immunity. – The employer was entitled to workers’ compensation immunity, but the co-employee was not based on the allegations in the Complaint. – The co-employee was alleged to…
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“Medical Marijuana Laws in Florida: What Employers Should Know”
– The medical marijuana amendment to the Florida Constitution passed in November 2016, expanding the use of medical marijuana in the state. – Fla. Stat. § 381.986 was passed in response to the amendment, allowing for the use of medical marijuana for a list of 13 medical conditions. – The expansion of Florida’s medical marijuana…
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Building or Renovating a Home in Florida: What High Schoolers Need to Know
1. In Florida, every contractor must be licensed in the state before working on a home building or remodeling project. 2. There are different types of contractor licenses, such as certified or registered, and they are regulated by the Florida Department of Business and Professional Regulation. 3. It is important to check a contractor’s license…
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Florida’s Chief Financial Officer Mandates Workers’ Compensation for State Employees
1. Florida’s Chief Financial Officer, Jimmy Patronis, has issued Directive 2020-05 requiring workers’ compensation coverage for “frontline state employees” who contract COVID-19. 2. The Risk Management Department will now have to provide workers’ compensation coverage to frontline state employees who contract the virus. 3. Frontline state employees include law enforcement officers, firefighters, EMTs, corrections officers,…
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“New Legal Challenge for Florida Workers’ Compensation Laws”
– The First District Court of Appeal is considering an appeal in the case of Julio Jiminez v. UPS, involving a challenge to Section 440.12(2) Fla. Stat. (2014), which sets the cap on the maximum weekly compensation rate. – Florida is the latest state to challenge the existence of a statutory cap on the maximum…
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Dealing with Work Injury After Lifting Heavy Objects
– Common lifting injuries include herniated discs/spinal cord injuries, torn rotator cuffs and strains, back strain, pulled muscles, wrist and elbow injuries, and patellar tendonitis. – If an individual suffers a lifting injury at work, they should report the accident immediately, seek medical attention, and consult with an experienced workers’ comp attorney to understand their…
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Florida Employers and Insurance Companies Could Have to Pay More Money to Injured Workers After Court Ruling
– Circuit court judges in Florida have the authority to require provision of benefits ordered by a JCC, and can use a Rule Nisi proceeding to order the provision of denied benefits as well as impose a monetary award for damages sustained by the injured worker. – The recent case of Zurich American Insurance Company…
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“Becoming a Building Contractor in Florida”
– Florida requires individuals to complete the Florida contractors’ examination to become certified contractors. – The examination consists of different parts depending on the type of license sought. – Applicants must have the required ability, knowledge, skill, and experience in various construction areas such as foundation/slabs, masonry walls, and steel erection. – Applicants for the…
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Florida Workers’ Comp Rules: What Happens If Your Employer Doesn’t Honor Your One-Time Change?
1. The one-time change provision in Florida’s workers’ compensation law allows injured employees to request a change of physician if they are not satisfied with their authorized treating physician. 2. If an employer/carrier fails to promptly respond to the employee’s request for a change of physician within five days, they lose the right to select…
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When Your Workers’ Comp Check Doesn’t Arrive
– Some workers may not receive their workers’ comp benefits due to errors in determining their benefits. – Reasons for not receiving benefits or receiving less than expected include: employer providing incorrect wage information, errors in benefit amount calculation, and incorrect contact or payment information. – In such cases, individuals should contact an experienced workers’…
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What to Do After Getting Hurt at Work
Step 3: File a Workers’ Compensation Claim Employees should fill out a workers’ compensation claim form and submit it to the Florida Division of Workers’ Compensation. It is important to do this within one year of the date of the accident to be eligible for benefits. Step 4: Follow Doctor’s Orders and Attend Medical Appointments…
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“Can my ex get my workers’ comp in a divorce?”
– If the injury and workers’ comp benefits occurred during the marriage in Florida, the ex-spouse may be entitled to a portion of the benefits. – Marital property includes income acquired during the marriage, so workers’ comp benefits may be subject to equitable distribution. – Workers’ comp benefits acquired before or after the marriage are…
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Florida Governor Expands Workers’ Compensation for First Responders
1. First responders in Florida, including firefighters and police officers, who suffer from PTSD will now be eligible for workers’ compensation benefits starting October 1, 2018. 2. The legislation was pushed for by three Central Florida first responders who were at the Pulse shooting in 2016 and is also a priority for Chief Financial Officer…
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Florida Court Rules Workers’ Compensation Can Include Bonuses Received After an Accident
1. The Florida Court ruled in the case of Noa v. City of Aventura and Florida League of Cities that a merit bonus paid after the date of the accident could be added to the calculation of the employee’s average weekly wage for workers’ compensation. 2. The court interpreted the definition of wages and the…
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“Becoming a Certified General Contractor in Florida”
– The construction industry in Florida is experiencing a period of growth. – In Florida, individuals are granted construction licenses rather than corporations. – Applicants for certified licenses must complete the Florida contractors’ examination. – Division I contractor examinations are made up of three parts: contract administration, project administration, and business and finance. – Division…
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“No Requirement for Florida Employers to Pay for Marijuana Treatment Recommendation”
1. The First District Court of Appeal in Florida ruled that employers cannot be required to pay for an evaluation by a health care provider for a referral for medical marijuana. 2. The case involved an injured worker who requested to try medical marijuana to control pain related to a work-related accident in 2001. 3.…
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What Workers’ Comp Doesn’t Pay for in Florida
– Workers’ compensation in Florida covers initial care or treatment, out-of-pocket expenses, and up to 66-⅔ of total wages before the accident for injured workers. – Pain and suffering, pre-existing conditions, and injuries from reckless behavior or horseplay on the job are not covered by workers’ comp. – If an employee is injured by a…
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Challenges and Opportunities for Businesses in Florida
-Florida has the fourth-largest economy in the nation, despite a 2.8% contraction in 2020. -Small businesses make up 99.8% of all Florida businesses and employ over 41% of the state’s workforce. -The top six industries for small business employment in Florida are professional, scientific and technical services, other services (except public administration), administrative, support and…
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“Understanding Taxes for Hiring Remote Workers from Different States”
1. Employers need to be aware of tax obligations when hiring out-of-state workers. This includes understanding income tax requirements in the worker’s state of residence. 2. Employers may need to register with the out-of-state tax authorities and withhold state income taxes from the worker’s wages. 3. Some states have reciprocity agreements, which allow workers to…
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Can I See My Regular Doctor for a Work Injury in Florida?
– In Florida, workers’ comp law requires employees to be treated by a doctor predetermined by the employer after a workplace injury. – However, some exceptions may allow injured workers to be treated by their personal physician, such as requiring emergency treatment, not receiving sufficient notice from the insurance company, having a managed care agreement,…
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Disputing Florida Construction Liens: Is it Fraud or Just a Big Argument?
1. Florida law allows construction liens for money owed for labor, services, materials, or other items required by the direct contract. 2. Florida’s construction lien statutes do not allow increasing the lien amount based on breach of contract by the property owner. 3. Florida Statute Section 713.31(2)(a) states that a lien is fraudulent if the…
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Florida Court Upholds Cancellation of Workers’ Compensation Policy
– The First District Court of Appeal ruled that the cancellation of a workers’ compensation policy for nonpayment was effective, even though the insured employer had a certificate of insurance. – The case involved a Claimant, Mr. Dennis F. Scott, and James A. Jones Construction Co. appealing the judge of compensation claims’ ruling that the…
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“Understanding Employment Status in Florida: What High School Students Need to Know!”
– Misclassification of employment status in Florida can result in employees being denied their entitled rights and benefits. – Proper employment classification in Florida entitles employees to various legal protections, including minimum wage, overtime pay, workers’ compensation, and protection against workplace discrimination. – Independent contractors in Florida are not covered by these legal protections, leaving…