Changes to Florida's Workers' Compensation Laws
Florida laws on workers’ compensation may be subject to several changes in 2017. Last year, the Florida Supreme court found multiple parts of workers’ compensation law unconstitutional. First, in Bradley Westphal v. City of St. Petersburg, the Florida Supreme Court ruled that Westphal was denied his constitutional right of access to the courts because of a significant gap in his insurance coverage. The Court said that this gap left Westphal without an adequate legal redress under the workers’ compensation system.
Moreover, the Florida Supreme Court ruled, in Castellanos v. Next Door Co., (SC13-2082), that the State's mandatory attorney's fee schedule for workers’ compensation was unconstitutional. Florida workers’ compensation laws limited the amount of money that could be awarded for attorney's fees in workers’ compensation cases.
Senate Bill 1528, proposed by Senator Rob Bradley, proposes a number of changes to the Florida workers’ compensation system. Regarding Westphal, the Legislature will follow the Florida Supreme Court by amending Fla. Stat. § 440.34, to require judges of compensation claims to consider specified factors in increasing or decreasing attorney fees. Such factors can include an attorney's experience and skill required in the case.
The bill also addresses other important issues such as amending Florida Statute § 627.062 to require insurers and rating organizations to establish and use prospective loss costs and requiring those lose costs to be filed with the Office of Insurance Regulation. With these new changes to workers’ compensation in FL, it will be important to talk with an experienced attorney if you have been wrongfully denied workers’ compensation benefits.
Find an Attorney for Workers Compensation in Broward County, Florida
If you or someone you know has been injured on the job and need help collecting compensation benefits from their employer, speak with an experienced workers’ compensation attorney.
Evan A. Hoffman is an experienced and zealous advocate who will fight for the rights of employees. The Hoffman Firm takes cases in Fort Lauderdale in Broward County, Florida, and in West Palm Beach in Palm Beach County, FL.
Call (305) 940-2307 now for more information on the changes coming to the Florida workers’ compensation system.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More