In a lawsuit filed against Tyson Fresh Meats for the wrongful death of an employee, allegations were made that managers at the Waterloo plant in Iowa made wagers on the number of employees that would contract COVID-19 while on the job. The lawsuit goes on to allege that employees were encouraged to take shifts despite [...]
According to the CDC, Florida surpassed 570,000 confirmed COVID-19 cases as of August 19, 2020. The increasing number of hospitalizations and deaths includes many "essential workers" that were exposed to the virus in the course and scope of their employment. These exposure based workers compensation claims are being met with absolute denials of benefits from [...]
According to the U.S. Bureau of Labor Statistics, in 2018 there were a total of 5,250 fatal accidents occurring on-the-job. In Florida alone, there were 332 deaths reported resulting from on-the-job accidents. Organizations like the Occupational Safety & Health Administration offer assistance in ensuring safe conditions for workers. However, we know all too well that [...]
As Florida and the rest of the country continues to combat COVID-19 with non-essential business closures and layoffs, many workers have been deemed "essential employees" and remain in the workforce. Depending on your job and the type of work you are required to perform for your employer, exposure to coronavirus may fall under Florida Workers’ [...]
Over the years, the Florida workers’ compensation system has encountered numerous changes to the alleged self-executing process, and the use and assertion of affirmative defenses in litigation of these on-the-job injuries are no different. In accordance with the applicable rules of Florida law under Chapter 440, as well as the Rules of Procedure for Workers’ [...]
On June 9, 2016, the Florida Supreme Court in the case of Westphal v. City of St. Petersburg declared Florida Statute 440.15(2)(a) unconstitutional. That provision sought to limit disability (lost wage) benefits to an injured worker to only 104 weeks, even though the worker was on a no work status or disabled and unable to [...]
