Author Archives: Jay Butchko
En Banc Decision Alters Rules For Workers’ Compensation Filing Deadlines
In late March, an en banc panel of the First District Court of Appeals issued a landmark ruling which essentially states that courts have been misinterpreting the state’s workers’ compensation statute since its alteration in 1999. While it remains to be seen what the ultimate outcome of this ruling will be, it will almost… Read More »
Traumatic Brain Injuries In Florida Accidents
A traumatic brain injury (TBI) occurs when external trauma, usually blunt force (though not always), causes damage to the brain. They can be very minor, or they can be severe enough to require round-the-clock medical care. Road accidents are one of the leading causes of TBIs, and if you or an injured loved one… Read More »
Workers’ Compensation When A Worker Has Multiple Jobs
Florida law holds that when a worker is injured on the job, they can receive workers’ compensation benefits according to their average weekly wage (AWW). Some workers only have one job, but for those who work more to make ends meet, seeking workers’ compensation can be a slightly more difficult endeavor. The right attorney… Read More »
Pedestrians In Florida Road Accidents
Florida’s beautiful weather means that most of the time, there are more pedestrians on the state’s roads than there might be in other places. However, with more pedestrians unfortunately comes more pedestrian accidents. Sometimes a pedestrian-involved accident is straightforward, but sometimes it can be difficult to determine what happened, and who owed a duty… Read More »
Pain & Suffering In Florida Auto Accident Cases
When a person is involved in an auto accident in Florida, they have the right to seek compensation from the other driver (or any other actor involved) if they believe that negligence occurred. Florida law allows an injured plaintiff to try and recover their tangible damages – that is, quantifiable amounts like lost wages,… Read More »
Can A Motorcyclist Recover After A Crash If They Were Not Wearing A Helmet?
Florida is a haven for motorcyclists, due to its (usually) year-round pleasant weather. In addition, the state has a helmet exemption which allows those over 21 to forego wearing one if they carry sufficient amounts of insurance coverage. While some motorcyclists prefer this degree of freedom, it can be a potential problem in the… Read More »
Do Undocumented Immigrants Get Workers’ Compensation?
In general, people who enter the United States without inspection are not permitted to hold a job in the country. However, this does not stop many employers from hiring the undocumented all the same, with many taking advantage of their status to exploit them. In this environment, one might not think that undocumented workers… Read More »
“Pre-Suit Investigations” In Florida Medical Malpractice Cases
Medical malpractice cases in Florida tend to be high-pressure affairs; no medical professional wants to admit fault, while injured patients simply want the care they deserve. The medical lobby in Florida is quite powerful, helping to push for several measures passed into law that help to insulate medical professionals from malpractice claims. In order… Read More »
Independent Contractors & Workers’ Compensation
In May 2025, the U.S. Department of Labor (DoL) announced that it was returning to its pre-2024 classification of independent contractors. What this means is that the DoL will not enforce a 2024 regulation intended to make it harder to misclassify employees as independent contractors. The reason this matters to Florida employees (and independent… Read More »
Why More Pedestrian Accidents In Florida?
Historically, Florida has been an unsafe place to be a pedestrian, with multiple metro areas in the state being ranked in the top 10 most dangerous. Recently, the state’s statistics have improved, but pedestrian accidents still occur with disturbing regularity, and the outcomes can be severe. If you have been involved in an accident… Read More »