Broken Workers Comp on the Way Out?

    Circuit Judge Jorge E. Cueto says Florida's antiquated workers compensation law (Chapter 440 of the Florida Statutes) deprives workers of Constitutional Rights.  A worker injured on the job in most cases is limited to very broken and unfair workers compensation benefits. 

    Is this good news or bad news for injured workers?  Well, this is one of many rumblings challenging the almost 80 year old workers compensation laws in Florida.  Its not dead yet.  This is certainly signaling that the law needs to be changed but should it be dropped completely? 
   
    Workers Compensation has long been the exclusive remedy for workers injured on the job.   An injured worker does not have to prove that the employer was at fault or negligent but merely that the injury occurred during the course and scope of his/her employment.   In exchange for not having to prove negligence (Chapter 768 of Florida Statutes) of an employer, an injured worker must subject themselves to:

• doctors picked by the employer;

• accept 2/3 of their average weekly wages; and

• be forbidden from seeking general damages or pain and suffering from the employer.  
  
  

   Taking away Workers Compensation cold turkey is certainly not the answer.  That would leave workers injured on the job having to prove that the employer was negligent in some way that caused the injury.  This puts a greater burden on the employee and leaves them with little or no recourse in the absence of a negligent party.  On the other hand this puts a greater burden on employers to behave responsibly, maintain the equipment, train employees and all-around provide a safer workplace or face significant tort actions from injured employees.  It is time for a hybrid Workers Compensation law.  Maybe a new law should be titled the Workers Tort Act or "WORT" for short because it is sure to be a slow growing ugly growth on the elbow of workers and employers alike.

See the Judge's order below or
read more here: http://www.miamiherald.com/2014/08/13/4288124/injured-employees-cheated-by.html#storylink=cpy