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Key Workers Comp Ruling Tossed Out By Appeals Court

A key ruling in a worker’s compensation case that would allow injured workers to take workplace injury cases to the state court system for full compensation has been tossed out by the Florida appeals court system. A Miami-Dade County judge had ruled that the long-standing Florida worker’s compensation law that limited the amount of compensation an injured work could receive was unconstitutional.

That unconstitutional ruling was later dismissed by an appeals court that reinstated the worker’s compensation policy, but the constitutional question was continued in the court system by two Florida legal advocacy groups. The legal organizations were determined to not have sufficient standing to pursue the constitutional issue in the reversal. That dismissal means that injured Florida workers will now not be able to pursue for damage recovery in standard court unless the employer or insurance company is negotiating in bad faith, or if the employer is non-compliant in maintaining a safe workplace according to occupational safety and health laws.

This is proof positive that employers and insurance companies, as well as the state Attorney General in this case, are adamant about fighting worker’s compensation claims regardless of who is representing the injured victim. That is why you need an experienced and aggressive Coral Springs workers compensation lawyer to represent your personal workplace injury case. Workers comp is handled through the state worker’s compensation insurance board normally, which is what this ruling will require, but there are still cases where both the employer and insurance company can be sued in an additional claim outside of the worker’s compensation board when bad faith or egregious negligence can be proven by your Fort Lauderdale workers compensation injury attorney.

Anyone in the Coral Springs, Florida area who has suffered a workplace injury that may have occurred because your employer has implemented use of defective working equipment or failed to satisfactorily comply with state occupational and safety laws should call us today at Evan M. Ostfeld, P.A. at (866) 478-3968 and let us perform a thorough evaluation of the potential value of your worker’s compensation claim. We also handle Social Security Disability benefit claims, along with private retirement disability cases. For those who are permanently disabled from a workplace injury, we can be your attorney for life.

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