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South Florida Workers Compensation Lawyer, Florida Workers Compensation AttorneysSouth Florida workers compensation David I. Fuchs has over 17 years of experience in successfully representing employees and workers hurt on the job who have sustained and suffered serious bodily injuries and loss of wages because of the negligence of co-worker, their employers or another company or party. Florida moved slowly in enacting a workers' compensation law primarily because Florida had a smaller work force, virtually no manufacturing and no major problems until the "Great Depression" of the 1930's. Florida industry was limited and consisted primarily of phosphate mining, agricultural harvesting of fruits and vegetables, tobacco, cattle and logging. In addition, there was a steady movement of people, mostly unemployed, moving down from the north, seeking their fortune as well as Florida sunshine. Florida started an aggressive campaign to attract business to the warmer, more economical climate in mid-depression and the 1935 legislature meeting in regular session and Governor David Sholtz, who was considered to be a "liberal" and full of "new ideas" recognized the necessity for this legislation. A "workmen's" compensation law was necessary to meet the demands and requirements of the increased and industrial employment in the state and as an inducement and invitation to other industries to move to and operate in Florida. Prospective employers knew that they would be open to lawsuits from workers injured on the job. Most states had adopted legislation entering into the "tradeoff" and now it was Florida's turn. Employers who had been in Florida for many years saw these new residents bring an increase in accidents and injuries. Lawsuits were on the rise and workers demanded protection. President Franklin D. Roosevelt's "New Deal" brought many reforms including "workmen's" compensation. This new law was signed May 23,1935 as House Bill 29 and became effective July 1,1935. Florida made the headlines across the country several months later on Labor Day, September 1, 1935, when the most vicious hurricane ever to hit North America came ashore and devastated the Keys and coastal areas. The loss of life was in the hundreds with hundreds more missing. Two records were set that day. The barometer recorded a low of 26.35 inches of Mercury and winds blew in excess of 250 miles per hour. The New Act provided for creation of a new Florida Industrial Commission which began actual operations in June 1935. The commission consisted of three members, two of them appointed by the governor to serve during the governor's term of office and the third member to be appointed by the governor to serve a four-year term and be chairman of the commission. The Florida Industrial Commission's first chairman was Wendall C. Heaton and he received a salary of $4,200.00 yearly. The Commission was responsible for administering the provisions of the workmen's compensation law, making studies and investigations with respect to safety provisions and the causes of injuries in employment. They were authorized to make rules and regulations dealing with workmen's compensation. The cost of administering the law was borne by a tax on workmen's compensation insurance premiums and upon self-insurers. It is interesting to note that this method of financing the cost of administering the law still exists today. The way the law was structured regarding benefits to the injured worker is extremely interesting. Initially, no compensation was allowed for the first fourteen days of the disability. Compensation for disability was not to exceed $18.00 per week nor be less than $4.00 per week; provided, however, that if the employee's wages were less then $4.00 per week he shall receive his full weekly wage. Compensation for disability was paid at the rate of 50%, 55%, and 60% of the employee's average weekly earnings, dependent upon the number of dependents of the employee. Medical treatment was furnished at a cost not to exceed $250.00, except in surgical cases in which the maximum expense to the employer was $500.00. Under no circumstances would compensation be paid for more then 350 weeks nor would the total amount paid exceed $5,000.00. The employments not included under the act were domestic servants, agriculture and horticultural farm labor. In the first year of the Florida Industrial Commission, 10,977 cases on “workmen's” compensation were reported by Florida's 67 counties. Of these, 2,983 were reported in Dade county and 1,985 were reported in Duval County. Benefits paid were approximately $290,434.00. By 1937, approximately 40,380 cases were handled by the Commission, providing benefits of $963,711.00 to injured employees in compensation and medical treatment. This figure also includes the costs of funerals in the recorded 89 fatalities. Between 1935 and 1978 few major changes were made in Florida’s workman's compensation system. The first medical fee schedule was adopted in 1938 during the regular legislative session. The special disability trust fund was established in 1955. Also referred to as the "second injury fund", the purpose of the fund is to encourage employers to hire workers with disabilities. The same year, the rehabilitation and medical services section within the Bureau of Workman’s' Compensation was established. In 1960, Florida enacted their own coding and description system. By 1978 Florida adopted, for the first time, a conversion index linking Florida's fee schedule to the Florida Medical Association relative value coding system which was fully adopted and completed by 1981. A Major OverhaulIn 1978, major changes in the state workmen's compensation system were underway in the state legislature, the first major change since 1935. The law had basically been a "fixed benefit" system, with workers paid on the basis of the severity and type of injury related to a fixed schedule of benefits. Those who were able to or even returned to work received lump sum payments while those who could not work were limited to the schedules. This system was replaced by the "wage loss concept" under the new compensation act. Now called workers' compensation instead of “workmen's” compensation, effective August 1, 1979, this new act was to apply to all claims for injury arising out of accidents occurring on or after august 1,1979. The industrial relations commission was abolished on October 1, 1979. After September 30,1979, appeals from orders of deputy commissioners (eventually called Judges of Compensation Claims 10 years later in 1989) were to be heard by the First District Court of Appeal (1st DCA). The Bureau of Workmen's Compensation under the Department Of Commerce was expanded and replaced by the Division of Workers' Compensation under the newly created Department Of Labor And Employment Security, which was vested with extensive powers. This major reform actually reduced premiums for employers from 1978 through 1982 nearly 23%. They were to be the last reductions for over a decade as the wage loss concept proved not to be the answer to lowering costs. In 1980, House Bill 1677, as amended by the Florida Senate and passed by the State House of Representatives, was the major legislative cleanup effort. The year of 1981 saw the revised bill for the Workers' Compensation Act. This bill essentially deleted obsolete provisions relating to the Industrial Relations Commission and Deputy Commissioners of Industrial Claims. The Workers' Compensation act of 1986 incorporated pre-1979 and post-1979 concepts, definitions and directions. By 1988 another major "clean up" effort was the talk of the state Legislators. Consequently, new reforms were adopted in 1989, followed by major changes in the benefit structure during the 1990 session. Also, in 1990, the Bureau Of Workers' Compensation Fraud was established in the Department Of Insurance to combat fraud within the system and the Bureau Of Safety within the Division Of Workers' Compensation was upgraded to full division status to fill the needs of customers for safety inspections and program establishment. The Workers' Compensation Drug Free Workplace Program was added to the law this same year recognizing the role that drugs and alcohol played in accidents on the job. TodayWe have seen wage loss come in 1979 and go in the 1993 reform, replaced by impairment income and supplemental benefits. The closing years of the 20th Century brought many changes especially as litigation and medical care continued to be a problem not only in Florida but on a national level as well. The 1993 reform act introduced our system to Managed Health Care Arrangements (MCA’s). The Employee's Assistance Office (EAO), designed to prevent litigation through education, information, and the Early Intervention Program and to resolve disputes quickly and effectively, became a reality. In addition, the Employer Help Line, known today as the Customer Information and Services, was established to assist employers and other customers with their questions and problems. In the 1993 Reform Act the emphasis was, and still is today, placed on reemployment, getting the injured worker back to work as soon as able, therefor reducing costs and increasing productivity. Now, in 2003, our law again underwent a major reform, with changes to the Permanent Total, Impairment Income and Death Benefit structures, construction industry exemptions, compliance enforcement, medical services, as well as examination and investigation of carrier and claim handling entities. The Division of Workers' Compensation through reorganization continues to emphasize education and information both externally and internally to all customers the Division serves. Through outreach programs, workshops, conferences, seminars, brochures, pamphlets and other materials, the Division’s customers will better understand and take a pro-active role in improving the system. South Florida workers compensation lawyer David I. Fuchs will represent you for injuries that include, but are not limited to:
After an accident or injury that occurs while you are on the job and working for your employer it is imperative to call the police to the accident scene, seek immediate medical treatment. It is then important to seek legal counsel to protect your legal rights by calling Florida workers compensation lawyer David I. Fuchs who will take your call and speak with you immediately about your work accident. Florida workers compensation lawyer David I. Fuchs will then stand ready to fight for you to see that you get you the compensation for all of your allowable damages such as for lost wages and medical bills. Call South Florida workers compensation attorney David I. Fuchs Toll Free at 800-570-2858 for a free consultation to discuss your accident case. You may also write to South Florida workers compensation attorney David I. Fuchs by filling out the form on the "Contact Us" page." If you can not come to us South Florida workers compensation lawyer David I. Fuchs will send a representative to see you. We speak English and Spanish. Se habla ingles y espanol. Llame David Fuchs Florida abogado accidentes de trabajo. |