On June 9, 2016, the Florida Supreme Court in the case of Westphal v. City of St. Petersburg declared Florida Statute 440.15(2)(a) unconstitutional. That provision sought to limit disability (lost wage) benefits to an injured worker to only 104 weeks, even though the worker was on a no work status or disabled and unable to work after the 104 weeks.
How long is the new period? The Court has opined that the prior statutory period of five (5) years or 260 weeks of benefits should apply by the overturning of the present statute. Whether this period will be the current status of the law is yet to be determined.
What does this mean for injured workers? First, those with debilitating, career ending injuries will now be able to remain within the workers comp system and receive lost wage benefits while retraining for a new job. Additionally, the insurance carrier’s added exposure to future lost wage benefits will force insurance carriers to properly value claims that are ripe for settlement. Overall, we expect this Supreme Court Opinion to have a positive effect on all present and future Florida Workers’ Comp claims.
All legal representation in Workers’ Comp is done on a contingency basis, meaning you pay no attorney’s fees or costs unless we win your case. Free consultations for your injury claim are available day and evening in office, home, or hospital.
Please call today for more information on your legal rights at 904-358-3300
