Articles Tagged with construction accident

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Nationally, workplaces are getting safer. The chances of dying on-the-job have decreased across the board. construction

But in Florida, there is actually a different trend being realized. According to The Orlando Sentinel, workplaces in the Sunshine state are becoming less safe.

In the most recent year-long reporting period, the U.S. Bureau of Labor Statistics reports the rate of Florida’s workplace fatalities climbed from a rate of 2.7 for every 1,000 full-time workers to 3.1 for every 1,000 workers. Meanwhile, the national fatality rate nationwide dropped, from 3.43 to 3.38.  Continue reading →

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Two important types of injury insurance most working Americans should have are: Workers’ compensation and underinsured motorist (UIM) coverage. The first provides no-fault coverage of medical bills and lost wages in the event one is injured on-the-job. The second provides coverage for the wrongful acts of negligent drivers who don’t have enough insurance to cover the full extent of an injured person’s medical bills and other losses. forklift

In cases where both types of coverage apply, plaintiffs need to know that they are not entitled to double recovery. That is, they can’t collect compensation for medical bills from the workers’ compensation insurer and then also collect and keep it from the UIM carrier. Most insurance policies contain some type of offset provision whereby benefits are reduced by the amount paid to the insured by a legally liable third party. In some situations, insurers might assert something called “subrogation rights,” which means if you collect duplicate benefits from a third party, the insurer can file for a lien to collect those benefits.

It’s important when you have suffered an injury that may allow you to collect from multiple insurance companies that you hire a law firm with extensive experience. Failure to do so may result in missing out on certain benefits or being forced to repay benefits already collected from a third party. Continue reading →

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The Florida Supreme Court recently rendered its decision in one of three key challenges to the state’s workers’ compensation law. gavel21

In a 55-page opinion, the court in Castellanos v. Next Door Company et al., ruled F.S. Section 440.34(1), which pertains to the structuring of plaintiff attorney fees in workers’ compensation cases, is unconstitutional and a violation of due process.

Just a week earlier, the 1st DCA issued a 26-page ruling in Miles v. City of Edgewater in which appellate justices reached the same conclusion regarding the provision that bars workers from paying retainer or hourly fees to attorneys upfront.  Continue reading →