Author Archives: Jay Butchko
What Causes Vehicle Collisions?
Some form of driver error causes over 98 percent of the car crashes in Florida. Sometimes, this driver error is a wrong-place-at-the-wrong-time mistake. Usually, however, this error is negligence, or a lack of care. Most drivers have a duty of reasonable care. They must be at their best, physically, mentally, and otherwise, when they… Read More »
A Closer Look at Workers’ Comp and Fair Debt Violations
Work-related trauma injuries and occupational diseases are very difficult to recover from. Many care providers make this process even harder. They demand payment for medical services, even though the Florida Workers’ Compensation Act and the Fair Debt Collection Practices Act expressly prohibit such demands. Sadly, many job injury victims give into these demands, mostly… Read More »
What are Three Types of Workers’ Compensation Claims and the Differences Among Them?
That’s a very long question and one we normally don’t see on Google. However, lots of people ask it, so we’ll address it in this post. All three types of workers’ compensation claims are part of the Grand Bargain of the early 1900s. Back then, most workplaces were very dangerous and job injuries were… Read More »
Governor Handcuffs Lawyers in Injury Cases
Claiming it would “prevent predatory practices of trial attorneys who prey on hardworking Floridians,” Governor Ron DeSantis recently signed the controversial House Bill 837. “Florida has been considered a judicial hellhole for far too long and we are desperately in need of legal reform that brings us more in line with the rest of… Read More »
Top Five Occupational Diseases
Falls and other trauma injuries account for many workers’ compensation claims in Florida. Occupational diseases, conditions which arise over the course of more than one work shift, make up the rest. These claims are normally complex, mostly because a pre-existing or non-work condition usually contributes to the occupational disease. A Tampa workers’ compensation lawyer… Read More »
Top Three Fair Debt Collection Violations
In recent years, the Supreme Court has repeatedly watered down the Fair Debt Collection Practices Act. These rollbacks have empowered debt collectors, including medical providers, to push the envelope and be even more aggressive. That’s especially true of the most common fair debt collection violations, which are discussed below. Despite the Supreme Court’s spate… Read More »
Am I Disabled?
This question is hard to answer. A doctor never tells a patient “You have a disability.” Instead, a doctor tells a patient “You have a serious injury or a serious medical condition.” If that illness or injury prevents a person from working, that person may qualify for disability payments, according to the Social Security… Read More »
Appeals Court to Rule on No-Work Work Jobs
In late 2023, the First District Court of Appeals may decide if light duty reassignments are legitimate ways to help injured workers recover or workers’ compensation avoidance schemes. In 2022, a welder got hurt on the job. His employer transferred him to a light-duty assignment at full pay. The light duty assignment was basically… Read More »
Types of Workers’ Compensation Disability Benefits
Over the last ten years, the average lost wage replacement benefit has decreased 17 percent. Repeated workers’ compensation insurance premium declines are part of the problem. Less money in the system means lower individual benefits. At the same time, the workers’ comp initial denial rate has climbed. Sadly, many of these workers give up… Read More »
Work-Related Mental Health Issues
Frequently, science is ahead of the law. Work-related mental health issues in Florida are a good example. Considerable evidence proves that depression, anxiety, and other issues are physical brain injuries, just like a trauma-induced brain injury. Yet Florida law insists that such issues aren’t physical injuries. Therefore, job injury benefits are only available in… Read More »
