Mar 4

Part of Florida Workers Compensation Law Found Unconstitutional

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Florida Workers’ Compensation law is simply unfair to injured workers. Until last week, an undisputed injured worker would not be entitled to wage benefits despite being totally disabled because of a compensable work comp accident all because he had not reached maximum medical improvement yet. Florida’s First District Court of Appeals finally determined that this was unconstitutional in the case.

Westphal was a St. Petersburg firefighter and paramedic who severely injured his back and knee in a workers compensation matter which required spine surgery. While recovering from the compensable spine surgery, Mr. Westphal was no longer entitled to wage benefits because the law capped his temporary wage benefits at 104 weeks. So, although he was incapable of working or obtaining employment because of the workers compensation surgery but had not reached yet reached maximum medical improvement, Mr. Westphal wages ended even though he was not yet eligible for permanent total disability (PTD) benefits.

The Court concluded that this section of the Florida Workers Compensation law was unconstitutional because it limited injured workers to no more than 104 weeks of temporary disability benefits, despite the fact that the injured worker was at that time totally disabled, incapable of engaging in employment, and ineligible for any compensation under Florida’ Workers Compensation law for an indeterminate period. As a result, the Court reinstated the TTD/TPD payment limits to 260 weeks until the Legislature again tries to change it.


After being injured in a work accident, it is important that you talk with an attorney who understands the complexities of the Florida Workers Compensation laws. For answers to legal questions after your Florida work comp claim, call Attorney Matthew Noyes at 727-796-8282 or simply click here to schedule a free case consultation.

  1. Sam 3 Jan 2014 | reply

    I am interested in learning about workers compensation in Rhode Island. I think that it will be interesting to learn about and if I ever need it, I’ll already know my rights. Thanks for inspiring me to do this!

  2. Shelly Slader 12 Jul 2013 | reply

    Wow, are there are states that have problems like this as well? I have a workers compensation lawyer in Minneapolis and wonder if there are problems with the law here, too.

  3. Luke Bently 11 Apr 2013 | reply

    Wow thanks for this. I was wondering if any one would know where I can find a minnesota workers comp attorney? If you know of one please let me know. Thanks for any help. http://www.workcompmn.com/workers-compensation/

  4. read here 10 Apr 2013 | reply

    Tsk, just how could such employers do that to their workers? Anyway, it is such a good thing that there are lawyers who can really handle cases such as these and that employers should really learn their lesson and not undermine their workers when it comes to compensation, anymore.

  5. Sheldon Minkow 26 Mar 2013 | reply

    Thanks to share such useful information about workers compensation law.

  6. Whenever we work in an industry there are certain rules and regulation which we need to abide by. If we are injured in an accident during our working works the first thing we need to do is to consult a lawyer who can advice us about the accident, and exactly what to do. The above information is extremely helpful for those who people who are associated with the industrial sector.

  7. victoria 4 Mar 2013 | reply

    i know that the Gov always has something up the sleve. & if there is no good guy to call them on it on stop it by laws then they would get away with alot more. MsVictoria

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