K/S Attorneys At Law Can Provide You With The Information You Need Regarding Changes to Workers Compensation in Florida
Judge Cueto ruled that Florida statute 440.11 is unconstitutional on August 13, 2014. What does that mean for Florida’s Worker’s compensation law?
For the time being, Judge Cueto’s ruling will not affect those living outside the Miami-Dade judicial circuit. Cuteo came to the conclusion that Florida no longer had adequate protections and medical benefits for workers injured on the job. Judge Cueto stated that the current law was preventing injured workers from pursuing a tort remedy. Judge Cuteo based his judgement on the overview that workers’ compensation benefits were no longer a fair exchange for a workers’ right to sue due to negligence on the employee’s behalf.
This may sound like a win-win situation for employees! Not fast, what are the downfalls opened?
If someone should sue their employer for negligence damages, now the employer can mount a defense to the claim. Second, if an employee chooses to pursue negligence damages, the employer can raise defenses previously not available in workers’ compensation claims. Specifically, the employer has every right to raise the defenses of comparative negligence, assumption of the risk, collateral source and related defenses. These defenses are not afforded under workers’ compensation laws.
It is recommended to continue following this case as it is a recent ruling and is likely to be appealed or may be reviewed by a higher court. Have you sustained a personal injury, we at ks-law may be able to help. We offer free consultations to ensure we are a perfect fit.