The Workers’ Comp Injury System Problem

 Florida is at the center of the US workers’ comp. problem and we need to take a stand.

Last August, Miami Judge Jorge Cueto ruled that the workers’ compensation law preventing cases from going to civil trial — known legally as “exclusivity” — was unconstitutional. Though the judge’s ruling was dismissed for procedural reasons, last week the South Florida Appeals Court began hearing the arguments from both sides of The State of Florida vs. Florida Workers’ Advocates et al. where Florida Workers Advocates are continuing the fight.

This case, highly important to the entire US, is centered around the idea of “exclusive remedy provisions”. “Exclusivity” is the term used to describe the system the insurance companies of the US have created, where if you are hurt on the job, you must go through ONLY the insurance companies and if you have any disagreements, in no way can you take the workers’ comp. insurance company to a trial by jury.

This rule of exclusivity was first introduced under the guise that it would help keep rising insurance costs in check for businesses. The basic logic is sound, if an individual cannot sue an insurance company, then all of the costs from defending a suit wouldn’t be incurred by the company and it would equal lower premiums for businesses going forward. The problem that arises though, is where is the “fairness”? If a company that makes money by denying cases also controls the system that an injured person must use to challenge a ruling, it is a bias system, not in the favor of the injured party.

On top of this, last Wednesday the Occupational Safety and Health Administration (OSHA) released a report examining the expenses that workplace injuries and illnesses place on the American society. The report concluded that the accumulated changes in our States’ workers comp. programs have shifted the costs of treating injured workers away from employers, which now provide only about 20% of the financial cost of treating workplace injuries and illnesses through workers comp. OSHA stated in the report;

“In reality, the costs of workplace injury and illness are borne primarily by injured workers, their families and taxpayer-supported safety-net programs.”

This means that we the people are now paying for most of the workers comp. system and yet the insurance companies are still in complete monopolistic control. This doesn’t seem right does it? If the insurance companies were still footing most of the bill, the idea of keeping costs down by preventing an injured individual to sue sounds right, but that is just no longer the case.

Don’t let insurance companies skirt responsibility in a system designed and ran by insurance companies. We aren’t asking for handouts here, just for a fair trial.

If you or a loved one has ever been in an injury at work and have any questions, please don’t hesitate to contact us at 727-669-2828 for your free case evaluation. No question is too small for us to help you with your peace of mind.