Florida Injury Victim Lawyer Blog

Florida's injured workers were dealt a blow when Florida's 4th DCA issued its ruling in the case of Amorin v. Gordon, Case no. 4D08-1376 (opinion is posted below).

The Court held that one subcontractor was not liable in tort for the death/injury of the employee of another subcontractor. Interpreting F.S. 440.10(e) the court held that a subcontractor whose employee's negligence caused the injury or death of an employee of another subcontractor was entitled to workers' compensation immunity (aka "exclusiveness of liability under FS 440.11) unless the tortfeasor/subcontractor or contractor failed to secure workers' compensation coverage AND the subcontractor's own gross negligence was not the major contributing cause of the injury/death.

As a Florida attorney representing injury victims for over 15 years I am concerned that this decision will eliminate many claims that injury victims have had in the past against negligent companies and their employees without providing the injured worker any benefits. It is long been the law in Florida that employers who secure workers' compensation insurance coverage shall not be liable in tort to their employees who get injured on the job in return for providing them with workers' compensation benefits regardless of fault. That was a trade-off for the injured worker where [alleged] certainty and efficiency were given in exchange for potential recovery. However, extending these same immunities to subcontractors who have no obligation to provide the injured worker any workers compensation or other benefits is tantamount to "giving or getting something for nothing". This law provides nothing to the injured worker while providing a windfall to subcontractors who can act with near immunity to the employees of other subcontractors in the state of Florida.

All the attorneys at the Payer Law Group have been representing only injury and their families for over 15 years. If you or a loved one has been involved in a work place accident contact The Payer Law Group at 1-877-854-4442 for your free consultation with an attorney today.

Continue reading " Florida's Injured Workers Dealt Setback When Court Upholds Workers' Compensation Immunity for Subcontractor " »

Posted by James Payer | Permalink | Email This Post

Posted In: Workers' Compensation

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A dangerous game is being played out on Florida's roadways. Almost every week someone is killed or seriously injured in a Florida motorcycle accident. Young men and women, with extremely fast motorcycles perform dangerous and reckless stunts in the middle of traffic.

These stunts which are acted out on the public roadways, are not only deadly to the riders, but they endanger everybody traveling on Florida's roads. Florida lawmakers recently passed a law to more clearly define reckless riding and stiffen penalties for so called "stunt biking." Governor Crist is expected to sign the law as soon as it reaches his desk.

Speed racers, mostly young men on fast motorcycles, show off and are often seen video recording their antics in order to post them on the Web. They weave in and out of traffic and often pop wheelies at over 80 mph. They are not only killing themselves but are putting everybody else on the roads in danger of personal injury or death. The police cannot even catch them because of the high speed these motorcycles can quickly attain.

Although wheelies are only one piece of the problem, the law requires motorcyclists to have both wheels on the ground at all times. Other dangerous behavior falls under the loose definitions of reckless driving statutes. The new law stiffens penalties for dangerous riding to $1,000 for the first offense and up to $3,000 for the third. Further penalties include suspending the motorcycle license. Although, a lot of people are saying that the regulations don't go far enough. According to police, 60 percent of the motorcycle riders engaging in this type of behavior are unlicensed so threatening to confiscate their license is no penalty at all.

Approximately three-fourths of motorcycle accidents involve other vehicles, most frequently a passenger car. Because of the motorcycles small profile and excessive speed of stunt riders, drivers of other vehicles can't see and have no time to react to avoid collisions. Loss of control at high rates of speed is also common factors in daredevil motorcycle accidents.

Motorcycle accidents are frequently more devastating and traumatic because there is less protection for riders and passengers plus some of the riders are not even wearing helmets since Florida Law no longer requires them. The number of brain injuries and spinal cord injuries are especially high in motorcycle accidents. The type of people who perform dangerous tricks frown on wearing helmets. The drivers of automobiles in accidents involving motorcycles can be psychologically damaged even if they are not physically injured. Since the riders are unlicensed in many cases, they are also uninsured. Accident victims often cannot be adequately compensated because unlicensed riders cannot get insurance.

Even with new laws in place, enforcing them will be difficult for police. The speed and agility of high-powered motorcycles leave police cruisers in the dust. Unfortunately, the only time most violators are caught and charged are the ones whose motorcycles are disabled or destroyed in an extreme motorcycle accident. In some cases, the videos they use to show off might be used against them.

In no way does the behavior of these hooligans tarnish the reputation and skill of serious motorcycle enthusiasts. Their disregard for the safety of men, women, and children who share the road should be strongly condemned. Fortunately, Florida and other states are moving in the right direction to curtail these dangerous activities.

If you have been involved in a motorcycle accident in Florida, you may need an experienced motorcycle accident attorney on your side. Please contact Payer Law Group today for your free consultation with an experienced motorcycle accident attorney.

Posted by James Payer | Permalink | Email This Post

Posted In: Motorcycle Accident

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A memorial service is scheduled for 10:30 a.m. Thursday at Juno Beach Town Center for Juno Beach Police Officer Tiffany Renee Russell, 24, who died early Sunday in a single-car accident on Southwest Citrus Boulevard, 2 ½ miles north of Boat Ramp Road in Palm City.

The driver of the car, Lynda Kruse, 23, of Stuart, also died of injuries in the accident.

Juno Beach Police Chief Dennis Weiner said the memorial is limited to family, friends, the Juno Beach community and local law enforcement.

Kruse was driving a 2003 Mini Cooper north on Southwest Citrus Boulevard when she failed to navigate a curve, according to the Florida Highway Patrol report. The car went off the road and flipped several times, ejecting the two women, the report stated.

Spokesman Lt. Tim Frith said a Martin County sheriff’s deputy found the overturned car and the women in an off-road wooded area at about 6 a.m. Both women died at the scene after the 2:45 a.m. crash.

Ann Gent, a Juno Beach police dispatcher, said all officers from the small department were being notified of Russell’s death. “Everybody’s close to everybody, and it’s going to impact the department,” Gent said.

Russell had been working there for about 1½ years, the department’s press release stated.

“In that short time she had become a valued part of our community, a dedicated officer and a great friend to all of us here,” the release stated.

A fund has been set up for Russell’s 2-year-old daughter, Hailey Troutman, at SunTrust Bank. It is open for anyone to make a deposit in memory of Russell for the future care of her daughter. The account title is Hailey Troutman AMB Chad Troutman, account number 1000082209049.

The FHP report said neither Kruse nor Russell were wearing a seatbelt. The accident is under investigation.

News Source: TCPalm

Posted by James Payer | Permalink | Email This Post

Posted In: Auto Accident

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