WORKERS COMPENSATION ATTORNEYS

Boyette, Cummins and Nailos

Boyette, Cummins and Nailos is a leading client-focused law firm representing thousands of clients each year. With over 120 years combined legal experience we have helped people in Florida for over 40 years. We have seen the impact of a weakened economy »»»Read more

Tudhope Law

The Orlando bankruptcy attorneys of Tudhope Law, provide effective legal representation to people who are experiencing severe financial trouble. We will protect your interests and advocate fiercely on your behalf. We are trial attorneys who, by utilizing »»»Read more

The Griffin Law Firm

The Griffin Law Firm was founded in 1991 by Florida Attorney and Orlando native Carl L. Griffin and dedicated to the proposition of giving Central Florida residents access to affordable legal help while maintaining the highest levels of excellence »»»Read more

Carmona Law

At Carmona Law, we are backed by nearly a decade of dedicated legal experience. We handle a wide variety of legal matters and would be proud to offer you straightforward and honest legal counsel next. With our extensive experience, you can be confident »»»Read more

DiTocco Law Group, PLLC

At the DiTocco Law Group, PLLC, our attorneys and associates understand the worry and fear often associated with a troubling financial situation. We also understand how important it is to explore your options for relief before making »»»Read more

Law Offices of Walter Benenati

If you are drowning in debt and unable to pay back creditors, the Law Offices of Walter Benenati can help you file Chapter 7 or Chapter 13 in Orlando, or surrounding communities such as Kissimmee and Sanford.  As a credit attorney, Mr. Benenati uses his knowledge »»»Read more

Kaufman, Englett and Lynd, PLLC

We believe everyone deserves fair, affordable legal representation and we are committed to helping our clients get through the tough moments in life. We understand how difficult it can be when you are in need of an answer. We apply our extensive legal »»»Read more

Sanchez Law Group, P.A.

Our law firm was founded by Desiree Sanchez. Our firm is dedicated to ensuring that its clients are provided the best possible legal advice and support. It is our goal to provide you with the highest quality legal representation. Each client is treated »»»Read more

Anne-Marie Bowen P.A.

Ms. Bowen opened her own law firm in 1994 and has concentrated her practice in helping people in financial distress ever since. She finds that her background in representing banks and creditors helps her in now representing people with financial problems. »»»Read more

Law offices of Keith D. Collier

Looking for a lawyer for bankruptcy? You may feel as if you are drowning in DEBT. Come take advantage of our FREE Consultation and let our experienced attorneys explain to you how a bankruptcy can help STOP lawsuits, auto repossession, foreclosure, creditor »»»Read more

The Metka Law Firm, P.A.

The Metka Law Firm, P.A. is a Business and Real Estate law practice dedicated to providing superb solutions to clients by offering the highest standard of legal counsel, personalized customer service & professionalism. We believe in open communication »»»Read more

WORKERS COMPENSATION LAW SUMMARY

Workers' Compensation is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The tradeoff between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain".

While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment (functioning in this case as a form of life insurance).

General damage for pain and suffering, and punitive damages for employer negligence, are generally not available in workers' compensation plans, and negligence is generally not an issue in the case. These laws were first enacted in Europe and Oceania, with the United States following shortly thereafter.

Common-law remedies

Common law imposes obligations on employers to: provide a safe workplace; provide safe tools; give warnings of dangers; provide adequate co-worker assistance (fit, trained, suitable "fellow servants") so worker is not overburdened; promulgate and enforce safe work rules.[1]

Claims under the common law for worker injury are limited by three defenses afforded employers:

  • Fellow Servant Doctrine: An employer can be held harmless to the extent that injury was caused in whole or in part by a peer of the injured worker
  • Contributory Negligence: An employer can be held harmless to the extent that the injured employee failed to use adequate precautions required by ordinary prudence
  • Assumption of Risk: An employer can be held harmless to the extent that the injured employee had voluntarily accepted the risks associated with the work.[1]

Statutory compensation law

Workers' compensation statutes are intended to eliminate the need for litigation (and the limitations of common law remedies) by having employees give up the potential for pain- and suffering-related awards in exchange for not being required to prove tort (legal fault) on the part of their employer. The laws are designed to ensure that employees who are injured or disabled on the job are not required to cover medical bills related to their on-the-job injury, and are provided with monetary awards to cover loss of wages directly related to the accident, as well as to compensate for permanent physical impairments.

These laws also provide benefits for dependents of those workers who are killed because of work-related accidents or illnesses. Some laws also protect employers and fellow workers by limiting the amount an injured employee can recover from an employer and by eliminating the liability of co-workers in most accidents. State statutes [in the United States] establish this framework for most employment. Federal statutes [in the United States] are limited to federal employees or those workers employed in some significant aspect of interstate commerce.[2]