BREAKING NEWS: Florida Judge Finally Realizes Workers’ Compensation Violates the U.S. Constitution by Jill Gambaro

A Florida judge recently ruled that thestate's #Workers'Compensation Statute violates the U.S. constitution in that it fails to offer injured workers adequate medical care or legal remedies. Coming some 46 years after Section 440.11 of the Florida statute was enacted, apparently the insurance industry has finally gone too far in their growing trend to erode benefits and rights to injured workers.  Under the heading of reform, and always backed by the insurance industry, there's been a slow creep, state by state, to #cost-shift and hog tie injured workers right out of any protections at all. Nowhere is this more egregious than in Texas and Oklahoma where companies are allowed to opt-out of the workers’ compensation system entirely and set their own “take it or leave it” rules.


How this set of statutes was allowed to pass in the first place when it violates Americans’ right to #dueprocess is a story of loopholes and trickery. But at least the U.S. #SupremeCourt has recognized this, requiring workers' compensation benefits to pass the due process muster if they are to be the exclusive remedy for an injured worker. I’m waiting for a similar case to be brought in Texas. Bravo to the Florida Workers' Advocates and #WorkersLaw for their diligent fight!

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