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Florida Supreme Court To Hear Challenge To Workers’ Compensation Law

The Florida Supreme Court will soon hear a case that may substantially change the landscape of workers compensation claims in the state. The case challenges the “exclusive remedy” provision of the workers compensation law to the extent that it limits what a worker may recover for injuries sustained in the workplace. Fort Lauderdale Florida Workers Compensation Attorneys are closely watching the case to see how it will affect their clients’ cases.

Florida, like other states, has enacted a Workers Compensation law that replaces the typical litigation process for personal injury cases. The statute creates a “no fault” insurance system. Employees may recover compensation for any injuries they sustain at work even if the employer was not negligent or otherwise at fault for the accident. In return, the employee must bring such claims before the Workers Compensation Board, an administrative body, rather than in court. Workers compensation claims are therefore specialized cases that require lawyers with an expertise in the field. A Coral Springs workers compensation lawyer such as Evan Ostfield and his firm can help injured workers navigate this complicated area of law.

Over the past several years Florida has amended its workers compensation law to limit the benefits workers may recover in certain cases. One such limitation is the elimination of “permanent partial disability” claims. In the past, workers could recover ongoing benefits for disabilities that were permanent but still allowed them to work in some capacity. Florida, however, no longer permits claims for permanent partial disability.

The case to be heard by the Florida Supreme Court claims that the Workers Compensation Law in its current form is unconstitutional because it requires permanently disabled workers to exclusively use a forum that limits the benefits payable to them. The plaintiff is therefore arguing that if the Florida workers compensation law does not allow him to recover full compensation for his injuries, then he cannot be forced to go to the Workers Compensation Board and be deprived of his day in court.

A Coral Spring Workers Compensation attorney will aggressively fight for you in this situation. Our firm isare actively monitoring this case to protected our client’s interests. If you have been injured at work and want to ensure that you are fairly compensated, call our office today.

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