Victor Leon Case Ties Illegal Immigration to Workers’ Comp Law

The case of a paralyzed worker is compromised by worker's immigration status and compounded by his use of illicit drugs.

Being an illegal immigrant and getting hurt on the job proved a miserable combination for Victor Leon. He also compounded his predicament by using illicit drugs, although these substances almost certainly played no role in his workplace injury.

Leon was working on a construction project for Altec Roofing in Palm City when he fell off the roof of a three-story building. As a result of the accident, he was permanently paralyzed.

Prior to his unfortunate accident, he'd informed Altec about his illegal immigration status. Altec had even helped him to obtain a fraudulent social security number. But while he was accepted as a worker by the company, being accepted as "an injured worker" eligible for workers’ compensation was another matter. Still, he should still be eligible. Using a fake social security number to secure employment doesn't mean that he has to forfeit workers’ compensation for an on-the-job accident. He would have had to make a false statement after being injured "for the purpose of securing workers’ compensation benefits" before the ultimate sanction of forfeiture may be imposed. So just because Leon is an illegal immigrant, he can't forfeit his right to workers' compensation benefits.

Unfortunately, Leon had another complication crop up. A post-accident drug test revealed the presence of cocaine and marijuana in his bloodstream. Section 440.9 (3) of Florida law states that workers' compensation benefits for an otherwise compensable mishap are not payable if the injury "was occasioned primarily … by the influence of any drugs … not prescribed by a physician." Section 440.9 (7) (b) creates a presumption that the injury was occasioned primarily by the drug when a post-accident test for drugs is positive.

Leon retained an expert who testified that the drugs in his bloodstream at the time of the accident did not actually impair him. But on bad advice, Leon decided to voluntarily dismiss a petition before the judge of compensation claims in favor of a little used estoppel argument. The outcome was a Florida circuit court granting Altec's motion for summary judgment. Leon may eventually obtain a remedy at a workers’ compensation forum, but this is highly unlikely.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Construction Site Accidents Are Becoming Increasingly Common

Construction site accidents are becoming more common. But is workers’ comp law keeping pace?

Construction site accidents and related injuries are bound to receive additional scrutiny as Obama Stimulus disbursements jumpstarts additional 2009 construction projects under federal auspices. But lax safety procedures during the Bush Administration tenure also appear to have contributed to a substantial increase in such events since 2000. The increase in construction site accidents might have even begun to rise in the early 1990s.

Consider that in 2008, one in four workplace fatalities were construction workers. There were 1,225 fatal occupational injuries in 2001 involving a construction site; by 2008 that figure had risen to 2,889.

Examples of such tragedies are common.

· 55-year-old carpenter struck by a drunk driver while working on The Big Dig in Boston, multiple serious injuries resulting.
· 50-year-old union iron worker in Philadelphia fell down a darkened stairway when a temporary lighting system failed, multiple serious injuries resulting.
· 22-year-old self-employed roofer fell 25' off a sloped roof in Naples, Florida, permanent paralysis resulting.

Because only about 10% of construction companies employ more than 20 workers, most have no formal job safety regulations or programs in place.

In 1992, the "lost-workday" rate for workers in the construction industry was 5.7 per every 100 fulltime workers. In 2007, that rate had increased to 9.6 per 100 fulltime workers, an increase of nearly 40% making it the highest such rate of any major economic sector.

Yet jury verdicts in construction site accidents tend to produce modest settlements in favor of construction workers and other public sector workers compared to those accidents (less than $250,000) which involve non-workers (more than $500,000), even if the construction workers’ injuries were quite horrific. This discrepancy may partially be linked to a pro-corporate, pro-business trend in the weakening of workers’ compensation statutes which has been occurring in most "right-to-work" states since about 1990. In some cases, salaries of attorneys representing injured workers have been deliberately "capped" by state legislatures, possibly affecting the quality of legal counsel afforded to workers, especially those in the construction industry. A blatant example of such legislation is HB903, a measure passed on May 1, 2009, in Florida.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Francis Law Firm Opposes Florida House Bill 903

Tony Francis of the Francis Law Firm is front and center against the controversial workers’ compensation bill, and he urges Governor Crist to veto it. There are some excellent reasons why.

On Friday, May 1, 2009, the Florida Legislature passed HB 903 dealing with workers' compensation. Tony Francis of the Francis Law Firm, and the Florida Justice Association (FJA), strongly opposed this unfair legislation. A fight was tirelessly waged throughout the legislative session to get the controversial bill either amended or killed. Last minute compromises failed and now the bill is headed to the governor for his signature.

The bill essentially prevents Florida's injured workers from finding an attorney willing to represent them in court. House Bill 903 creates an uneven playing field as injured workers are placed at a disadvantage because they are unable to pay their attorneys "reasonable compensation." The bill gives insurance companies a decidedly unfair advantage by encouraging bad claims handling practices and eliminating penalties for wrongfully denying claims.

Asserts Tony Francis of the Orlando-based Francis Law Firm, "Deletion of the word 'reasonable' will mean more litigation contesting the ability to access the courts to obtain wrongfully denied benefits by injured workers and first responders." Furthermore, without the obligation to pay a 'reasonable fee,' the insurance carrier "can keep on denying benefits and coerce injured workers into taking quick and unreasonable settlements," Francis argues. It's also a question of access. "Why is it considered okay to block the access to the courts for injured workers and first responders by capping attorney's fees when workers' compensation benefits are wrongfully denied?"

Francis places HB903 in the stark relief of a citizen perspective. "What's the upshot of all this? It's easy to see what will happen. Unable to recover the benefits they need for survival; injured workers will be left to the lottery-like applications required by social programs such as Medicaid to pay their bills. It's pretty obvious that the real bills will end up being paid by taxpayers, as is too often the case."

Wealthy insurance companies are the true beneficiaries of this ill-advised legislation. "The injured workers won't be getting their day in court, no matter how egregious the workplace might have been to cause accidents that in at least some cases, could have been prevented," Francis concludes.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Francis Law Firm Takes Clear Stand on Controversial HB 903

Tony Francis, of the Orlando-based Francis Law Firm, is opposed to the Florida House Bill primarily because its repeal or veto is crucial to the rights of workers.

House Bill 903 is like the clock reversing direction into a past when workers rights were blithely ignored. Its passage on May 1, 2009, negates a previous Florida Supreme Court ruling and restores a cap on attorney's fees in workers' compensation cases. Headed for the desk of Florida Governor Charlie Crist after being passed by the Senate by a 22-16 vote, it appears that being paid "reasonably" for representing injured workers is a vestige of the past.

The October 2008 decision by the state's highest court involved a nurse who was injured lifting a patient at a nursing home. Her lawyer helped her win $3,344 in lost wages and medical expenses after her initial claim was denied. The law, ironically enough, limited the attorney's fee to about $8 an hour while the insurance company's lawyers were paid about $150 an hour. Tony Francis of the Orlando-based Francis Law Firm refuses to remain silent. "Last fall's Supreme Court decision was unfair. This bill would retrograde us back to a completely skewed playing field. What lawyer could afford to represent injured workers if HB903 becomes law? All we're asking for is a fair shake – not just for us, but for workers who get hurt. Why should insurance companies get to run the table?"

Francis has more to say about the controversial HB903. "This is what's called a 'bad bill,' and who does it hurt most? Who will fight insurers who refuse to pay doctor bills for workers hurt on the job?" Florida Justice Association spokeswoman Jacqui Sisto agrees, "This version of the bill is greatly unfair to Florida's injured workers and first responders." She added that it may even face a constitutional challenge. Francis adds fuel to this argument. "Deletion of the word 'reasonable' will mean continued litigation over who gets to access the courts to obtain wrongfully denied benefits for injured workers and first responders," he says. But one of the eventualities that Francis perceives is increased costs passed on to taxpayers. "What's going to happen when injured workers, after being denied deserved benefits and recovered losses, are forced to seek help from social programs such as Medicaid to pay their bills, especially if they're unable to return to work for an extended period? It will mean that taxpayers will eventually be footing their bills – bills that might well have been paid by insurance carriers if the workers had been able to get decent legal representation in the first place."

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Improved School Bus Safety

If there were ever a debate about what the largest mass transportation system was in the United States, a lot of people would lose their first bet, as the largest system is actually thousands of school buses.

They are mellow yellow and are seen in virtually every neighborhood in America, taking on the responsibility of transporting over 20 million kids to school and home and taking them to sporting events and on road trips. "For the most part school buses are a safe way to travel," said Tony Francis of the Francis Law Firm in Orlando, Florida, "however, the statistics do show that school bus accidents account for roughly one third of all fatalities."

They can't help their size and because school buses are that big, they naturally have a higher likelihood of being in fatal collisions. "Recognizing that it was time to do something about the safety issues that have always surrounded school buses, manufacturers, in partnership with national lawmakers, are striving to include three new features for school buses," outlined Francis.

The newer features include something called an Obstacle Detection System, an Integrated Collision Warning System and a Transit Integrated Vehicle Based Safety System. The driver reaction to these additions has, so far, been fairly positive, as these features are being seen as enhancing the bus driver's ability to protect his or her charges.

The Obstacle Detection System extends the driver's sight with ultrasonic sensors on all four corners of the bus. A visual and audible alarm sounds when something is in the buses path within 4 to 8 feet. This is a nice addition to a bus's safety arsenal and helps get rid of some of the driver's blind spots.

The Integrated Collision Warning System has a forward and side collision warning system by using radar and other sensors to track objects around the bus, and the Transit Integrated Vehicle Based Safety System is still being tested, but it appears to reduce hard braking.

School bus safety is a vital issue to everyone, as those buses take the future of our nation to school and beyond. If a loved one has been involved in a school bus collision, do not wait to contact a school bus accident lawyer to obtain justice. Tony Francis of the Francis Law Firm in Orlando, Florida, has an excellent track record for ensuring justice is done for his clients.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

When the Bike Hits the Pavement

Everyone knows that when a motorcycle hits the pavement there will be serious injuries or a death. The problem lies in determining who is at fault for the injuries of the survivor or the wrongful death of the biker.

Every day there are motorcycle accidents, and every day bikers either come out of a crash alive, but seriously injured, or lose their lives on the road. It's a well-known myth that motorcyclists are reckless drivers with no regard for the rules of the road or other vehicles. "The fact of the matter is that it is negligent car drivers who are the cause for most bike crashes," indicated Tony Francis of the Francis Law Firm in Orlando, Florida.

An injured biker may file a claim for injuries, pain, damages, loss of income, etc. so long as they are able to show that the defendant was negligent and responsible for the accident. If this accident took place in a state that apportions liability, there may be a different outcome relating to damages if the judge assesses negligence on the part of both parties in the accident.

At all times, anyone involved in a motorbike crash must be acutely aware of the statute of limitations in their respective state. A competent motorcycle crash attorney, such as Tony Francis of the Francis Law Firm in Orlando, Florida, will be able to offer solid advice on how to proceed with a claim. "If the lawsuit is a claim for injuries due to negligence, compensation may be sought for medical bills, loss of earning potential, partial or permanent disability, property damage and psychological suffering," outlined Francis.

Wrongful death lawsuits are similar in some respects to lawsuits for damages, in that wrongful death suits may seek reimbursement for medical expenses, funeral and burial costs, the pain of the deceased, financial compensation for the heirs, as well as loss of companionship, society and love. "The crucial element in a wrongful death lawsuit is that the accident must have been caused by someone else who acted negligently," said Francis.

The negligence may not necessarily be due to an impact with another vehicle; it may also have something to do with the bike manufacturer making a defective product or a parts manufacturer selling a defective part. "Aftermarket parts with performance problems have also been the cause of some motorbike crashes," added Francis.

Keep in mind that there are various laws in each jurisdiction depending on the circumstances of the accident. Also, the cause of the accident will dictate the type of wrongful death case e.g. product liability. It is imperative if a loved one has been involved in a motorbike crash, that the family immediately consult a motorcycle attorney without delay.

To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.

Traumatic Brain Injury Recovery Varies

People who suffered a traumatic brain injury, also referred to as a coup/contrecoup injury, have a long road to recovery ahead of them.

Many traumatic brain injury patients find they have a very long road to recovery from the damages their brain has sustained due to impact trauma. The trauma may be as the result of a fall (e.g. Natasha Richardson) or sustained in a car crash, etc. "There is one commonality among all traumatic brain injury patients; medical assessment is crucial when they present to a doctor, and time is of the essence to minimize the damages," said Tony Francis of The Francis Law Firm in Orlando, Florida.

While there is not a lot physicians are able to do after the injury has occurred, they are able to focus on minimizing brain damage by making sure the victim's brain receives sufficient oxygen. Lack of oxygen increases the chances of further damage. "Monitoring the blood pressure is another critical factor, along with ensuring intracranial pressure is under control, " outlined Francis.

There are a variety of ways to treat intracranial pressure, and each one of these areas may be ripe for a medical negligence lawsuit. They include raising the head (or straightening it), for better blood flow, drain cerebrospinal fluid from the ventricles and the use of paralytic drugs. Each course of treatment outlined is often fraught with uncertainties as to the outcome, which makes a doctor's duty of care to the patient a very high one.

"TBI patients are also usually subject to the onset of seizures, often treated with benzodiazepines. Unfortunately these potentially life saving drugs, if used incorrectly, depress breathing and lower blood pressure," explained Francis. The other area where medical errors tend to happen is during surgery to remove hematomas. A craniotomy, which removes a portion of the skull, is used in roughly one third of all patients diagnosed with severe TBI.

In all cases dealing with TBI's it is best to speak with a highly qualified TBI attorney, such as Tony Francis of The Francis Law Firm in Orlando, Florida, who will outline what needs to be done to present the case to the courts. Damages that may be awarded may include money for physical/occupational therapy, speech rehabilitation and psychiatric and psychological counseling. There are other damages that may be claimed as well, however for further information speak to an attorney.

Tony Francis is an Orlando personal injury lawyer. His practice specializes in being an Orlando accident lawyer helping innocent victims get compensation for their losses. To learn more about Orlando injury lawyer, Orlando personal injury lawyer, Orlando accident lawyer, Orlando injury attorney, visit Francislawgroup.com.