Author Archives: Jay Butchko
The “Going & Coming” Rule In Florida Workers’ Compensation
In general, a Florida worker may only take advantage of their employer’s workers’ compensation coverage if they are injured while within the course and scope of their employment. The “going and coming” rule helps to underline this, stating that an injury sustained while ‘going or coming’ to and from work is not one sustained… Read More »
Do I Have A Case For Wrongful Death?
When a family member or loved one passes away suddenly, it can be easy to blame anyone and anything for their loss. Not every death is actionable – sometimes, accidents simply happen – but if you can establish that their death could have been avoided, you may be able to file a wrongful death… Read More »
Liens And Subrogation In Florida Workers’ Compensation Law
If you are injured while on the job, you generally have the right to seek workers’ compensation benefits (provided that your employer carries the appropriate coverage). However, the picture can become more complex if you are injured due to the negligence of a third party – that is, someone who is not a co-worker… Read More »
Have I Been A Victim Of Medical Malpractice?
Accidents and medical errors are sadly more common than most people think, topping the list of causes for accidental death in the United States in 2021 (and in several preceding years). However, not every injury or death that occurs in a medical facility, or at the hands of a medical professional, truly constitutes medical… Read More »
What If My Employer Doesn’t Have Workers’ Compensation Coverage?
The strong majority of employers in Florida are required to carry workers’ compensation insurance coverage, though the specific criteria for coverage do vary between industries. If an employee is injured at work, they can then file a claim for benefits with their employer’s insurance carrier. However, some employers try to do business without coverage,… Read More »
Soft Tissue Injuries In Florida Accidents
Data from the Centers for Disease Control (CDC) estimate that more than 32,000 people are killed and around 2 million are injured in auto accidents every year. Those injuries, however, tend to be very visible – broken bones, head and spine injuries, cuts, and bruises. Another type of injury is referred to as a… Read More »
Is Workers’ Compensation An “Exclusive Remedy” In Florida?
If your employer is ‘covered’ under Florida workers’ compensation law, you have the right to file a claim if you are injured on the job. However, someone who files a workers’ compensation claim does give up certain rights by doing so – namely, the right to file suit against their employer in court over… Read More »
Is My Florida Traumatic Brain Injury Compensable?
Sustaining a traumatic brain injury (TBI) is one of the most serious injuries one can go through, simply because of the high odds that its consequences will be long-term. After all, the brain controls almost every function in the human body – and any damage to it may mean a significant shift in quality… Read More »
Is Distracted Driving Really That Dangerous?
For a variety of reasons, auto accident numbers tend to rise each year in winter months, even if there is no snow on the roads. One of the major culprits is distracted driving, particularly around the December holidays – people leaving relatives’ homes or friends’ parties, happy and preoccupied, and not paying sufficient attention… Read More »
Wrongful Death On Florida Roads
In 2020, Florida’s Department of Highway Safety & Motor Vehicles (FLHSMV) statistics estimate that 3,098 fatal crashes occurred on the state’s roads, with close to the same number of deaths resulting (3,332). Some of these deaths, unfortunately, happened as a result of the deceased person’s negligence, while some simply happened, with no visible reason… Read More »
