Motor Vehicle Accidents

Personal
Injury

Wrongful
Death

Workplace
Injury

Medical
Malpractice

Legality of worker’s compensation limited called into question

| Aug 4, 2016 | Workers' Compensation

Workers in Florida who are injured while they are at work rely on the worker’s compensation system to get the compensation they need to survive. The legality of the whole worker’s compensation is being called into question by an appeal filed with the United States Supreme Court.

The case is heading to highest court in the country after the Florida Supreme Court declined to rule on the matter. The issue at hand is whether the state’s system for compensation for injured workers is adequate. This question comes in response to the elimination of permanent partial disability payments from the system. The legality of a copayment for doctor visits after a worker has been classified as having reached the maximum medical improvement is also being questioned.

The 14th Amendment of the United States Constitution is the basis for the appeal. A nurse who was injured at work in December 03 claims that he should be able to file tort action instead of having to rely on inadequate benefits from the worker’s compensation system. His claim notes that the hospital where he worked was negligent and that the worker’s compensation system doesn’t allow him to take action for that negligence because the worker’s compensation system is considered an exclusive remedy for worker injuries.

While it is unclear if the U.S. Supreme Court will consider the matter, this does show Florida workers how important it is to understand the benefits that you might get if you are injured. Some of the program’s specifics might come as a surprise, so learning about the program if you are injured is vital.

Source: Business Insider, “Florida workers comp challenge seeks U.S. Supreme Court review,” Stephanie Goldberg, July 21, 2016

Archives

FindLaw Network