Injury Law Blog : Florida Injury Lawyer & Attorney : LaBovick Law Group : Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

Thanks to new Florida Workers' Compensation legislation and Florida's Governor Rick Scott, I am writing about Sports on the Injury Law Blog.  Due to recent legislation in the Florida Legislature, workers that are injured while on temporary work assignments, out of state, can't pursue workers compensation claims against their employers in those states.

The Florida Legislature passed House Bill 723 unanimously. Florida Gov. Rick Scott is expected to sign it.  House Bill 723 adds a special section to the Florida Workers Compensation Law , Florida Statute 440. The new section is called “Extraterritorial Reciprocity" (440.094).

Employers should be very happy with this new addition to Florida Workers' Compensation laws. It shields them from additional exposure when an employee is injured while working in another stat, especially one with different workers' comp laws. The law covers short term travel under 10 days or under 25 days in the year. If the employee is injured out of state, while working, they may only be entitled to Florida Workers' Compensation benefits.

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The Safety Record of mine owner, Massey Energy Company is coming under fire after the recent tragic coal miner deaths at Upper Big Branch mine in West Virginia. Authorities are checking into whether the explosion on Monday could have been prevented, considering several recent evacuations from the mine because of high methane levels  and the mine owner’s prior safety record, Rescue workers are currently removing explosive methane gas from the coal mine.

The Massey Energy Company, the biggest coal mining business in central Appalachia and the owner of the Upper Big Branch mine, is no stranger to scrutiny over its environmental and safety record. In 2008, Massey Energy Company paid a $20 million fine for clean water violations. This was the largest fine of its kind levied by the Environmental Protection Agency.  Also in 2008, A Massey  subsidiary paid what federal prosecutors called the largest settlement in the history of the coal industry after pleading guilty to safety violations that contributed to the deaths of two miners in a fire in one of its mines.

In March 2010, the Mine Safety and Health Administration cited the Upper Big Branch mine for 53 safety violations. The number of citations from 2009, more than doubled, to over 500, from 2008, and the penalties proposed against the mine more than tripled, to $897,325.

The cause of Monday's blast is under investigation. However, many ask the question how could a tragedy of this magnitude occur after such stricter Federal laws were put in effect after the 2006 mining disaster?  Massey Energy and its chief executive, Don L. Blankenship, is under the spotlight.  Could the company have prevented this recent tragedy with more safety precautions in place for employee safety? Investigations are underway and all eyes are on Massey Energy and the Virginia Upper Big Branch mine. Time will tell what was the cause of this tragedy and if it could have been prevented. 

Click on the following links to read more on the

Deaths at Virginia Mine Raise Eyes on Safety - NYT
Safety violations posted at Massey mine - Richmond Dispatch
 Mine Rescue Continues as Owner Faces Questions - NYT
Deadly West Virginia Mine Blast Stuns Experts - NPR
 

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If an employee is injured on the job do they rights for treatment and compensation of injuries?  As a Florida Personal Injury Law Firm  that helps injured workers with Workers Compensation issues, our answer is a resounding yes. There are Statutes that cover Workers Compensation issues for most states. In Florida, our Statute covering Labor law is Title XXXI, specifically Chapter 440 applies to Workers Compensation. This chapter outlines protocol for the injured worker and the employer. According to  440.185, F.S:

An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury. Failure to so advise the employer shall bar a petition under this chapter unless:

(a)  The employer or the employer's agent had actual knowledge of the injury;(b)  The cause of the injury could not be identified without a medical opinion and the employee advised the employer within 30 days after obtaining a medical opinion indicating that the injury arose out of and in the course of employment;(c)  The employer did not put its employees on notice of the requirements of this section by posting notice pursuant to s. 440.055; or
(d)  Exceptional circumstances, outside the scope of paragraph (a) or (b). 

In this week's Palm Beach Post, Columnist and former member of the Editorial Board, Tom Blackburn, wrote the column "Injured workers are crooks (and other wisdom from the Legislature)".   I found this article enlightening, especially the following:

"Every few years Florida lawmakers reform the workers' compensation system again. Every time they do, they find something unreasonable to do with it. This year they topped themselves. The reform consisted of taking the word "reasonable" out of the law.Right. We can't be reasonable about insurance against job-related injuries."

I encourage you to read the entire article. Mr. Blackburn integrates humor into this very important topic. Workers Rights to be compensated for injuries at work are under attack by the legislature.

Legal Blogger, Matthew Noyes, Chimes in on this subject with his post "Are Florida Injured Workers Crooks?" .

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All employees have rights to a safe environment while working. This includes construction workers. A Florida construction worker from Brevard County, was awarded a $76 million judgment  this week, in a case involving an on the job fall back in 2003 at a construction site.

The construction worker is now a complete quadriplegic and is paralyzed as a result of the accident. Some may feel that the Jury's verdict is excessive; hence the Defense is appealing the verdict. 

The Jury sent a strong message to the Construction Industry that they must provide a safe environment for their workers, otherwise, they will be held accountable for On the Job injuries.

Click Here to read more on Workers Compensation and Rights of Employees.

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On Tuesday of this week, 1500 current and employees of the Los Angeles Airport Hilton filed a lawsuit against their employer for unpaid overtime, violation of labor laws and an excessive workload due to poor staffing.  

According to an article in the LA Times, the LAX Hilton Airport lawsuit is seeking class-action status for the Plaintiffs of current and former employees. The lawsuit wants to require that employees are given breaks, back wages and penalties for the employer. In addition, the suit alleges that employees did not receive the proper overtime for extended hours and long weekends.

The Los Angeles Business Journal reported on an earlier ruling by the National Labor Relations Board in favor of 77 workers. The Judge ruled that the workers were wrongfully suspended for engaging in a protected work stoppage related to organizing a campaign. 

Increasingly, employees are standing up for their rights at corporations.  Even in tough economic times, companies do not have the right to deny workers overtime and violate labor laws.  In light of the litigation against well known firms Wal-mart, Sprint,  EDS, Wellfargo, IBM, Price Waterhousecoopers (PwC)  and many others, companies should think twice about denying employee overtime wages.

Click here to read more on Overtime Wage and Hour Claims and Employee Rights,
Fair Pay Fact Sheet, Unpaid Overtime Claims, Unpaid Overtime - FAQs.

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Denver District Court Judge Sheila Rappaport sent a strong message to Qwest Communications in the Personal Injury Case of Andrew Blood, when she increased the punitive damages to $81 million from an original amount of $39 million.

According to the Business Journal reports, Judge Rappaport, awarded the maximum increase allowed by law on the grounds that Denver-based Qwest continues "to fail to inspect, maintain and repair" its telephone poles despite having lost a previous jury trial involving Andrew Blood.

A jury on May 24, 2007, awarded Blood slightly more than $21 million in compensatory damages for his injury.  Denver law allows judges to triple that amount in punitive damages -- those meant to punish and correct the actions that led to the judgment -- if the situation that led to the lawsuit is repeated or not corrected. 

I am sure that Qwest will keep their word and appeal Judge Rappaport's ruling.  Regardless of the outcome of the appeal, it is loud and clear from Judge Rappaport's ruling that Qwest needs to clean up their act and implement a solid and worthy maintenance program for their telephone poles across the country.  It will save them in the long run with large lawsuits like in the Andrew Blood case.

According to the Qwest reports their stock recently closed at $8.92 an increase of $.13 from prior trading.


Click here to read more on this case from the Denver Business Journal.

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A New York Jury awarded $30.3 million to an injured worker for careerending injuries sustained when he fell from a ladder in a building owned by the Town of Amherst New York.

Peter E. Bissell, 44, suffered severe spinal and other injuries, and suffers partial paralysis of both legs, and is able to walk only with the assistance of braces and canes. Doctors declared Bissell permanently disable, stating he will on pain medication for the remainder of his life.

The verdict was reached after a two-week trial before State Supreme Court Justice Paula L. Feroleto. The jury ordered carriers for the former McGonigle & Hilger Roofing Co. to pay the sum.

Click Here to read more of the article in the Buffalo News

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