In workers’ compensation law, the exclusive remedy provision makes it clear that employers can’t be held liable in civil court for damages related to work injuries in most cases where they carry workers’ compensation insurance. Proving fault isn’t necessary in workers’ comp cases, and it’s supposed to be a trade-off: Workers get easier access to immediate benefits for wage losses and medical bills, while companies avoid the ordeal of litigation.
But as a recent series by non-profit news organization ProPublica pointed out not long ago here and here, there have been calculated and aggressive efforts to whittle away worker protections and insulate companies from liability for work injuries. This has occurred in a number of ways, including lobbying of legislation that reduces benefits or makes it harder for injured workers to get coverage in the first place.
However, there are ways in which personal injury lawyers are helping workers fight back and regain some ground on various fronts. Most recently, there is the case of Stahl v. Hialeah Hospital, which the Florida Supreme Court has agreed to review. Continue reading ›