Florida Injury Attorney Blawg

A statute of limitations is a provision that ends a person’s right to claim benefits or sue for compensation and damages. A Florida workers’ compensation claim or petition for benefits is forever barred unless it is filed within (1) two years of the date of injury, or (2) after the initial two years, within one…

With the exception of independent contractors working or performing services in the construction industry (Florida Statute 440.02(15)(c)3), individuals working as independent contractors are not eligible for workers’ compensation benefits from the companies for whom they are performing services. The reason why is because they are not considered employees of those companies. F.S. 440.02(15)(d)1. These statements…

There are three primary types of lost wage, or indemnity, benefits available to injured workers under Florida’s workers’ compensation system. They are: Temporary Partial Disability (440.15(4)); Temporary Total Disability (440.15(2)); and Permanent Total Disability (440.15(1)). Each of the temporary benefits is available for a limited period of time – not to exceed 104 weeks (see…

Annually, well more than one million Americans have refractive surgery to correct their vision. Refractive surgery is any type of surgery that alters the refractive power of the eye. Lasik is the most well known of the procedures, but others are available, including Lasek, PRK, and Epi-Lasik. Most of the refractive surgeries rely on laser,…

Most work-related injuries are caused by acute, single incident accidents. Absent the accident being the result of horseplay, injuries caused this way are typically compensable under Florida’s workers’ compensation system. Are injuries caused by repetitive trauma over a period of time compensable? So long as the injured worker’s evidence establishes the following elements, the answer…

Much has been reported lately about Florida Republican gubenatorial candidate Rick Scott invoking 75 times his Fifth Amendment right against self-incrimination in a civil case brought by a Nevada company. The Fifth Amendment to the United States Constitution was ratified in 1791. It provides as follows: “No person shall be held to answer for a…

The outcome of the 2010 Florida Governor’s race will have a profound impact on the rights of individuals to pursue remedies against big business. Alex Sink will preserve those rights. Rick Scott, of Medicare fraud fame, will work to curtail them. When Jeb Bush became Florida’s Governor, in 1998, Florida politics took a radical (not…

In a previous blog, I wrote about the “enhanced injuries” doctrine in Florida. The doctrine stands for the proposition that a wrongdoer can be liable for damages extending beyond those resulting from the initial negligence. The example I used was of a simple car accident that triggered a defect in the victim’s vehicle, which caused…

Reproduced below is a letter published in the September/October 2010 issue of The Florida Bar Journal. It was written by my friend, collegue, superb trial lawyer, and advocate for the underprivileged, Cris Boyar. The letter exposes the dirty propaganda disseminated by the insurance industry regarding PIP (Personal Injury Protection) lawsuits. A must read. Elimination of…

Florida Statute Section 768.21 outlines who is eligible for benefits under Florida’s Wrongful Death Act. (See this blog for an easy-to-understand breakdown.) With one exception, the statute – although debatable as to its fairness – treats all victims alike. The exception? The survivors of those who have died from medical malpractice/negligence. Sections (3) & (4)…