The most recent data shows that medical costs for worker’s compensation rose between 5 to 7 percent in 2005 and 2006.
In 2004, Florida reformed their worker’s compensation legislation to give higher payments to doctors but lower payments to outpatient services, a key element in rehabilitation for workers with on-the-job injuries. As a result, fewer workers sought outpatient care, preferring the extra coverage of full hospital stays or going without treatment to paying more for the convenience of outpatient services.Those suffering from severe trauma received less expensive surgeries even though the payments exceeded the state’s schedule rate, which was among the lowest in the nation.
One of the reasons Florida underwent such legislative change in 2004 was to reduce the number of lawyers representing workers in their compensation claims. Among the changes to the actual schedule rates for treatment, there was a cap placed on attorney’s fees. By reducing the amount a lawyer could hope to make, the insurance industry supported lawmakers hoped to reduce the number of overall claims.
It didn’t work. The decrease was minimal, and the state Supreme Court has already ruled that such practices are unconstitutional because they intend to block a worker’s right to due process and legal representation. The Florida legislature has ignored this decision and reinstated the caps.
If you are injured on the job, seek the advice of an experienced trial attorney.
Fast food giant McDonald’s has denied workers compensation benefits to a minimum wage employee who was shot when he ejected a customer who had been beating a woman inside the restaurant.
Nigel Haskett, then aged 21, was working at a McDonald’s in Little Rock, Arkansas last summer when he saw a patron, later identified as Perry Kennon, smacking a woman in the face. Haskett tackled Kennon, threw him out, and then stood by the door to prevent him from reentering. Kennon returned with a gun and shot Haskett in the stonmach.
(Haskett has since undergone three abdominal surgeries and has incurred over $300,000 in medical bills.
A representative of the administrator for McDonald’s workers compensation plan explained that “we have denied this claim in its entirety as it is our opinion that Mr. Haskett’s injuries did not arise out of or within the course and scope of his employment.”
“McDonald’s position now is that during thirty-minute orientation Mr. Haskett and the other individuals going through the orientation were supposedly told that in the event of a robbery or anything like a robbery . . . not to be a hero and simply call 911. Mr. Haskett denies that anything like that was even mentioned during orientation or at any time during his employment with McDonald’s.”
McDonald’s may be on shaky legal ground in their attempt to deny benefits. As courts have repeatedly ruled that injuries incurred in the course of “good samaritan” acts while on the job are entitled to compensation, especially if they result in good will towards the employer.
