While still upholding the validity of the overall law, the Florida Supreme Court has for the second time this year struck down a portion of the state’s workers’ compensation law it deemed unconstitutional.
Both decisions were considered big wins for injured workers in Florida, who have been affected by a series of legislative changes – most notably in 2003 – that have served to whittle down their protections within the state workers’ compensation system.
Workers’ compensation is a legal construct that allows workers to be quickly compensated for on-the-job illnesses and injuries without having to prove the company was negligence. The trade-off is the worker forfeits the right to sue his or her employer. But this alternative system of dispute resolution has to be fair to both sides. What the court ruled was that, yet again, legislative changes made to the law in the interest of keeping insurance costs down have rendered the system one-sided in favor of employers. Continue reading