Palm Beach, Broward and Boca Raton Workers' Compensation attorney, Randy Zeldin, Esq. has been practicing on behalf of injured workers' for 25 years. Attorney Randy Zeldin, Esq. was nominated by the Florida Judicial Nominating Commission for consideration by former Gov. Jeb Bush, to become a Judge of Compensation Claims in Ft. Lauderdale, Florida. Randy Zeldin, Esq. has mediated thousands of workers' compensation cases throughout Florida. Randy Zeldin, Esq. and is recognized by his peers as an expert in Florida Workers’ Compensation. Randy Zeldin, Esq. has represented thousands of injured workers and claimants throughout Palm Beach and Broward Counties. As an Assistant City Attorney for the City of West Palm Beach, Workers’ Compensation Attorney Randy Zeldin, Esq. defended workers' compensation claims.What is workers' compensation?
The workers' compensation laws are designed to protect injured employees, regardless of fault. If the injured worker was at fault, he or she is still eligible for benefits. These benefits include medical care and indemnity (lost wages). If a Florida Employer has four (4) or more employees, he/she must pay or furnish benefits required under the Florida Workers’ Compensation law, if an employee suffers an accident injury or death arising out of work performed in the course and scope of employment. As a general rule, an “injury” is said to be in the course and scope of the employment when it occurs within a period of employment, while the employee is fulfilling the duties of employment. Even after clocking out for the day, an employee who slipped in water on her way out of the store was eligible for workers’ compensation benefits.
Injuries while going to or coming from work are viewed as any other off-duty injury and are not considered eligible for workers’ compensation benefits. There are a few exceptions, including hazardous travel conditions or a travelling employee who routinely travels as part of his/her job duties. Police officers are considered to be “on duty” round the clock, because they may always be needed for services.
Employees who engage in acts for their personal comfort (for example, a drink of water or use of a restroom) are still eligible for workers’ compensation benefits if injured.
Injuries which occur during recreational activities are generally not eligible for workers’ compensation benefits, unless the activity is expressly required by the employer and the employer receives a direct and substantial benefit from the activity.
An injured worker may not "sue" an Employer for damages, as in a car accident, but may file a claim for benefits and appear in front of a special judge, named Judge of Compensation Claims. If the Employer has obtained the necessary workers’ compensation insurance coverage (usually from any number of private insurance companies), that Employer is “immune” from a law suit. The exclusive remedy for an injured employee is a workers’ compensation claim. However, if a “third party”, someone outside of the employer-employee relationship caused the injury (for example, a drunk driver), that individual can be sued for negligence. The only exception to this rule would be if an employer acted with gross and intentional disregard for an employee’s safety, it could be sued in tort for negligence, battery, false imprisonment or under other legal theories.
- Workers' Compensation FAQ
- Ten Reasons to Hire Workers’ Compensation Attorney Randy Zeldin
- Workers' Compensation Basics
- Workers' Compensation Injuries
- Workers' Compensation Lost Wages (Indemnity)
- Workers' Compensation Medical Benefits
- Resolving and Settling Your Workers' Compensation Case
- The Psychological Toll of a Workers' Compensation Injury
- The Heart and Lung Bill
- The Workers’ Compensation Litigation Process