Author Archives: Jay Butchko
“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 »
Employers Can Complicate Third-Party Lawsuits
In rare situations, a claim that might merit workers’ compensation benefits may also give rise to a personal injury lawsuit in Florida – but it does happen. The most common scenario is being injured by a third party while engaged in business for one’s employer. If you have been the victim of a third-party… Read More »
New Ruling From Third DCA Helps Clarify Premises Liability
A recent ruling from Florida’s Third District Court of Appeal has helped to clarify the state’s position on premises liability questions. In Rodriguez v Jaimes (2025), the appeals court held that specifically in questions related to premises liability, a landowner or property owner cannot evade responsibility for an accident by claiming they no longer… Read More »
Can I Get Workers’ Compensation Benefits For A Preexisting Condition?
The point of having a workers’ compensation system in the U.S. is to allow an injured employee to focus on healing instead of having to expend time and effort navigating the legal system to get their medical bills paid. If an injured worker meets the criteria for their injury to be compensable, they will… Read More »
Workers’ Comp Premiums Set To Lower In 2026
After a press release from Florida’s Office of Insurance Regulation (OIR), it is official: Florida employers will see a tenth straight year of decreases in the cost of workers’ compensation insurance and premiums. After input from the National Council on Compensation Insurance (NCCI), the state’s regulators saw fit to approve a 6.9 percent decrease… Read More »
What Does ‘No Fault’ Florida Workers’ Comp Actually Mean?
In Florida and many other U.S. states, workers’ compensation is a no-fault system. What this means is that an injured employee does not have to go to trial and exhaustively prove that their injury occurred due to their employer’s negligence. Rather, unless something goes wrong with their application for benefits, an employee will simply… Read More »
Been Injured By A Rideshare Car?
Rideshare cars, like those representing Uber and Lyft, occupy a somewhat unique grey zone in terms of auto accident liability. In these crashes, determining who may be held liable if injuries result must take more factors into account than in an ordinary auto accident case – and being on the clock will usually result… Read More »
Explaining Florida’s Personal Injury Statute Of Limitations
When a person is injured due to the negligence of another person or entity, the injured plaintiff can seek compensation in civil court, under the legal theory of personal injury. What many do not know, however, is that there is a specific time frame in which an injured person must file suit, or they… Read More »