Author Archives: Jay Butchko
I’ve Been Denied: What Now?
For a variety of reasons, some workers’ compensation claims do get denied. While the majority of these denials are appropriate, it can nonetheless feel like a roadblock or even a betrayal, especially if your employer played a part in contributing to the denial. While this can be a significant setback in terms of your… Read More »
What Is A Statutory Employee?
Construction workers have arguably the most dangerous job in the United States, with significant rates of injury and disability. There are countless workers in these fields to be seen in Florida, due to rising population levels and a shift in demographics toward more hands-on trades. Because of the danger and sheer volume of workers,… Read More »
Wrongful Death From Medical Malpractice: Which Law Controls?
A wrongful death action in Florida is a somewhat straightforward process, with either the executor or the deceased’s closest surviving relative filing the appropriate suit, depending on the nature of the person’s passing. However, Florida is home to a fairly powerful medical lobby, which means that in many areas of state jurisprudence, the rules… Read More »
Unique Issues In Big Rig Accidents
Big rig trucks can be incredibly hazardous to deal with, especially for drivers in small cars. Truck drivers have to deal with different hazards than automobile drivers, and sometimes these issues can result in an accident causing harm to all involved. While it can be difficult to determine who truly was at fault for… Read More »
Showing Good Faith In Workers’ Compensation
In this day and age, when so many people and businesses are concerned about fraud in all respects, being able to prove that your workers’ compensation claim is legitimate – or at least provide significant evidence in that direction – is a decided advantage. A knowledgeable attorney will be able to help you present… Read More »
Damages In Wrongful Death Suits
Filing a wrongful death suit in Florida is a complex endeavor. However, no issue is perhaps more complex and yet more important than that of damages. The entire point of bringing a wrongful death action is twofold – to seek redress from the person who caused the death of your loved one, and to… Read More »
Workers’ Compensation Reform Stalls
On May 8, 2017, the Florida legislature closed its session without passing definitive legislation to address the past year’s court decisions. Two cases, Castellanos and Westphal, made sweeping changes to the state’s workers’ compensation system that could not be reconciled with existing law at the time. Since the legislature’s session has ended with no… Read More »
Busting Myths About Traumatic Brain Injuries
Brain injuries, especially of the traumatic variety, are quite common in the United States, most often among young adults, but they are suffered across every demographic. Yet despite how common they are, there are a number of persistent myths that are repeated as gospel when they are simply inaccurate. If you or a loved… Read More »
What Is The Average Weekly Wage?
When you file a workers’ compensation claim, there must be a way to assess how much compensation you are entitled to during any period of work-related disability. The most common way that this is done tends to be by calculating what is known as the average weekly wage (AWW), and then assessing how much… Read More »
Will I Get To Keep My Job While On Workers’ Compensation?
One of the major questions that many who are out on workers’ compensation ask is whether or not they will have a job to go back to once their work injury has healed. While the answer varies from jurisdiction to jurisdiction, some things are fairly universal in terms of payments that will still be… Read More »