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:
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
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Attorney Erik Rosskopf
An active member of the Florida and Georgia bar associations, he practices in Jacksonville Florida handling cases throughout North Florida and Georgia.