Debunking Work Comp. Myths

Legal issues are often confusing, filled with hard language, and can cause one of the most stressful times in your life. That is why it is important to understand fact vs. fiction when dealing with a legal claim, especially ones related to Workers’ Compensation. You may run a quick google search only to be bombarded with answers from all sides of the spectrum and this may lead you to misunderstand what a Work Comp. claim really means for you.

So today I have decided to debunk some common myths for you!

First, it is important to remember that, “In the state of Florida, workers’ compensation is a no-fault system. What this means is that it doesn’t matter what or who caused the accident and injuries, you will be able to file a claim. The most important detail is if the situation occurred while you were working. If you suffered the injury while you were doing anything that fell under the umbrella of your employment, you may have the right to claim workers’ compensation benefits.”

1.) Myth: Filing for Workers’ Comp. Means You will be Fired

- Reality = Employees have a LEGAL right to file for Workers’ Comp. It is illegal for employers to fire employees for using this right. Now, your job may ultimately be terminated due to your inability to work, or permanent injury, but filing Workers’ Comp. does not mean you will then be fired on the spot.

2.) Myth: Filing for Workers’ Comp. Covers ALL Work Injury Losses

- Reality = Most states provide coverage for all or a portion of your medical expenses as well as adjustments for lost wages.

- What it doesn’t cover are those losses that could be recovered by filing a personal injury claim (ie. Emotional trauma, pain, suffering, etc.)

3.) Myth: Your Employer Will Handle Your Claim Paperwork

- Reality = It is true that your employer files a report about your injury with the state. However, they are not required, nor do they usually complete the paperwork necessary to ensure you receive the benefits that you are entitled to as a result of your injury.

- You will need to work with your attorney to address this paperwork, as well as any questions or confusion you may have about filing the paperwork and the benefits that you will get.

4.) Myth: Only Large Businesses Need Workers’ Compensation Insurance

- Reality = Small or large, it is always best for your business to have some form of Workers’ Comp. insurance. In Florida, depending on the type of business you have, you may be mandated to obtain and hold Work Comp. insurance regardless of the size of your business.

5.) Myth: You Don’t Need a Lawyer to File for Workers’ Compensation

- Reality = It is ALWAYS in your best interest to hire a lawyer to help you navigate the complicated field of Workers’ Compensation. This ensures that you obtain all of the benefits that you are entitled to as well as aid in your recovery and claim to move smoothly and efficiently.

I hope this blog has helped sort out what is true and what is false when it comes to the world of Workers’ Compensation. Remember, not everything on the internet is true and it is ALWAYS best to consult your attorney if you have any confusion or additional questions regarding your case.

**The content, thoughts, and facts in this blog are meant to be informational only and do not constitute legal advice of any form. Should you have any further questions regarding Workers’ Compensation, please fill out our contact form to schedule your free consultation with Marcie Baker.

Sources: https://workinjurysource.com/7-myths-about-workers-compensation/

https://www.harrylevineinsurance.com/myths-florida-workers-compensation-insurance/

https://www.injurytrialattorneys.com/the-most-common-myths-about-workers-compensation-in-florida/

What to Know About Mediation

        Mediation is an area I don’t often write about. However, given that Marcie is a mediator as well as the fact that mediation plays a big role in legal disputes, I thought I would take some time today to share some fast facts and “what to knows” about mediation.

1.) Get Advice

- Know the pros and cons of mediation and what it means for your case

- Talk with your attorney about who to select as your mediator

- Discuss with your attorney what the process entails so you can enter mediation with an understanding and goals of what you hope to have as a result

2.) Keep it Civil

- The goal of mediation should be to try and compromise or settle the dispute. You should not use this time to have another argument. Rather, you should seek to make this as beneficial for both parties as possible so that it doesn’t become a waste of time.

- That being said, sometimes agreements just are not reached. This is okay, but it is also important to enter with an open mind to see if an agreement can possibly be reached.

3.) Don’t Sign if you don’t Agree

- An agreement that you sign is BINDING. Before you sign, make sure to take some time to discuss with your attorney to understand everything in the agreement and how it will affect your case.

4.) What are the Advantages?

- It allows for problem-solving outside of court that can benefit both parties.

- It gives parties more control in the overall decision making

- Agreements are made that benefit the parties to their specific case based on the needs and compromises of both parties.

5.) It is much less formal than going to court

- Think of mediation as a conversation to yield the best possible result. Instead of being in front of a judge, you will be in a more informal setting, like your attorney’s office. This allows you to feel more comfortable as well as gives you more confidence to have a say in the agreement that you hope to reach.

        I hope that you have found this blog informative. Mediation can be an incredibly helpful way to settle legal disputes amicably, save you money, and maybe even keep you out of the courtroom. Feel free to contact our office to learn more, or to ask any follow-up questions that you may have!

***This blog is meant to be informational only and does not constitute any form of legal advice. If you have any further questions about mediation or a legal manner, please fill out our contact form or call our office and we would be happy to assist you.

Sources: https://www.kraayeveld.com/settlement/mediation/ten-things-to-remember-when-attending-mediation/

What is Discovery?

 

There are many aspects to a legal proceeding. One that frequently comes up during the course of your case is something called discovery.

So what is discovery? The legal definition of discovery is, “the fact-finding process in legal proceedings. The function of discovery is to allow all parties to prepare a case for a trial.”

While discovery is generally similar throughout the legal world, there can be slight differences across practice areas, especially the areas Marcie Baker specializes in. Today, I wanted to take some time to explain what each practice area entails when it comes to discovery and show you what you can expect for your legal case.

Workers’ Comp.

The discovery phase of a Workers’ Comp. proceeding has many elements. You will need to keep and maintain thorough records to help support your case. Examples of records and items that will likely be used in discovery are:

- Copies of medical records

- A report from the day you got injured that details what happened and what type(s) of injuries that you sustained

- Any important medical procedures to treat the injury like surgery

- Medical bills and any other supporting documentation

Family Law/Divorce

The discovery phase of a family law proceeding allows each attorney to gather relevant information to the case and make sure that there are no “surprises” at trial. Information that is gathered for discovery can also assist in determining child support, property distribution, and alimony. Examples of discovery items that can come up in a family law case are:

- Financials such as, income, assets, debts, and bank accounts

- Documents such as text messages, photos, and video recordings

- Statements regarding specific facts or allegations relating to your case

Bankruptcy

Bankruptcy is slightly different because you are required to submit forms and documents to initiate the Bankruptcy process in Florida. As the process continues, your attorney and trustee could ask for more in order to assist you in the best possible way. Some of these documents you will need to complete/produce are:

- A list of all of your property (personal items and real estate)

- A list of your creditors and the debt that you owe to each of them

- A showing of your income – to file for Chapter 7 Bankruptcy in Florida you have to pass the means test and earn below a specific income to qualify.

I hope this blog has helped you gain a better understanding of what discovery is and how it can affect your case. Please do not hesitate to reach out should you have any further questions or wish to discuss your case.

***This blog is meant to be informational and in no way constitutes legal advice. Should you have any questions regarding your legal claim please fill out our contact sheet below and we would be happy to schedule you for a free consultation. 

Sources: https://pribanic.com/legal-glossary/discovery-legal-definition/#:~:text=Discovery%20legal%20definition%3A%20Discovery%20is%20defined%20as%20the,a%20trial.%20The%20purpose%20of%20the%20discovery%20process%3F

 http://www.fuscolaw.org/legal-tips/what-is-the-discovery-phase-in-a-florida-divorce-case/#:~:text=The%20discovery%20phase%20is%20the%20opportunity%20for%20family,and%20evidence%20the%20other%20spouse%20may%20have%2C%20including%3A

 https://www.tampabaynewswire.com/2021/05/30/preparing-for-a-workers-comp-hearing-in-florida-98390

 https://www.floridalegaladvice.com/blog/florida-bankruptcy/

Behind the Blog

Hello all! It’s been a while since I have filled you all in on how my life is going as I navigate the legal world and all that law school has to offer.

I have been busier than I ever thought possible. The saying goes “second year of law school they work you to death,” and I think I have to agree with them. This semester I am taking four classes, as well as serving as a Teaching Assistant and as a member of Stetson’s renowned Moot Court Board.

In addition to my coursework, I work part-time for Marcie, and I also serve as a Research Assistant for a Constitutional Law professor at Stetson. Did I mention I pet sit on the side too?

I had a very exciting February. Being on Stetson’s Moot Court Board is an incredible honor and I wanted to take today to explain what exactly Moot Court is, what I do, and what exciting things have been happening for my team and me.

Moot Court is a simulated court hearing experience at the appellate level. Teams/individuals write briefs and then present oral arguments before a panel of judges against an opposing team. Stetson is ranked one of the top advocacy schools in the nation, and our Moot Court board has a long history of winning and representing Stetson at some of the highest levels.

On Moot Court you can be a part of many teams. The Veteran’s Team, Environmental Law Team, Bankruptcy Team, and many more.

I was given the incredible honor of being chosen to be a part of Stetson’s prestigious Jessup team. Jessup is unlike any other team, as it deals with public international law. It is one of the longest, and dare I say hardest Moot Court teams to be a part of.

Jessup is quite different than other competitions. Here, teams of four (plus a researcher) are split into two sides and each must write a memorial detailing four issues that will be argued before the International Court of Justice. My teammate Tabby and I are on the Applicant side, and our teammates Remee and Lilly are on the Respondent side. We argue the same four issues, but each side argues that the other has violated international law. Issues can range from cybercrime, diplomatic status, sovereignty, and many other topics in the public international law sphere. Sara is our incredible researcher who helped fill the gaps and bolster arguments as we wrote our memorials and prepared for the competition. She is quite literally the glue that holds the team together. From last-minute printing to extra research, to just being there for moral support, we couldn't do this without her. 

Let me just take a moment to say I have the absolute BEST team. Lilly is a 3L and the rest of us are 2Ls. I could not have asked for a better group of advocates, colleagues, and friends to take this journey with. We have laughed together, cried together, and learned more about international law than any of us ever expected to. We have two incredible coaches who go above and beyond to make sure that we are prepared, act as soundboards, and give up time out of their busy schedules to make sure that we are preparing to be the best advocates to represent Stetson.

Teams write their memorials during the fall and then submit them in January. We have been working since September to prepare for this competition. After that, the hard, but fun, work begins. Each half of the team must prepare to speak for 45 minutes on the issues. Stetson’s oral argument practices started in January with 2-hour practices during the week in the evenings and 3-hour full team practices on the weekends. At practice, teams argue against one another to prepare for facing our opponents at the competition.

The Jessup is conducted worldwide, with each country holding qualifying rounds with only the top teams advancing to the International/Worlds rounds where countries will compete against each other. Due to COVID-19, this year’s Jessup is completely virtual using an online platform. Because Jessup is more prestigious each speaker is referred to as “agent” instead of “counsel” and each judge is referred to as “your excellency” instead of “your honor”

On February 18th, my teammates and I gathered with our two coaches and Stetson/Jessup alums for a long weekend of competition. The preliminary rounds consisted of 87 schools from all over the United States. On Friday night Remee and Lilly competed against a team from New England Law School. Saturday morning, Tabby and I competed against New York Law school and later that day Remee and Lilly competed against Brooklyn Law School. Tabby and I would go on to close out the weekend Sunday morning as we competed against Case Western Reserve University.

Each round had judges from all over the world who would test our skills, bring out the best in us, and end each round with feedback, constructive criticism, and advice moving forward. After Tabby and I finished, the anxious wait began. In order to move to advanced rounds, each team’s presentation would be scored, the four performances averaged, as well as each individual speaker scored. This would then be added with the memorial score from the memorials submitted in January. The top 32 teams were to be announced Sunday evening, and they would move on to advanced rounds the following weekend.

That night, on Zoom, we were thrilled to find out that Stetson had made the cut to move on to advanced rounds! The following week was chaos, as we scrambled to refine our arguments, practice, attend class, and prepare for another long weekend of competition.

The advanced rounds are slightly different from the preliminary rounds. In preliminary rounds, Tabby and I performed twice, and Remee and Lilly performed twice with our scores averaged. In advanced rounds, it is single elimination so one-half of our team competes in each round that we move on to. Tabby and I found out that we had the honor of competing Friday evening. If we could win the round, we would make it to the top 16.

Top 16 in the United States sounds pretty great, but it gets even better. If you advance to the top 16, you automatically make it to the International/World rounds in March regardless of whether you are #1 or #16 in the nation. Needless to say, Tabby and I were quite nervous going into Friday. After what was a tough but hard-fought round against Suffolk University, we waited with anticipation while the judges deliberated. After they returned and gave their feedback, we found out that in a 2-1 vote we had won and made it to International rounds!

This also meant that we would advance to the octo-final rounds to determine what our ranking would be in the nation. Remee and Lilly represented Stetson and made our team proud Saturday afternoon. They had formidable opponents from George Washington University, and gave excellent arguments, but sadly we were eliminated. Though we were finished competing for that weekend, we were still going to Internationals!

This is Stetson’s first time moving to the International rounds since 2015 and only the fourth time the Stetson’s Jessup team has made it to Internationals!

We are taking the week off practice to refocus and refine our arguments, but next week its back to the grind as we prepare to represent Stetson, and the United States at the International rounds at the end of March.

This has certainly been one of my hardest law school undertakings yet, but I have learned so much and made incredible friends along the way. It has truly tested my limits, but I know that it is making me a better lawyer in the long run, and wouldn’t trade the sleepless nights or team bonding for anything.

I can’t wait to update you all after we compete at the end of this month. Internationals, here we come!

Hope you enjoyed this update from the girl behind the blog. Have a wonderful March all!

How COVID-19 Has Impacted Workers' Compensation

The COVID-19 pandemic has impacted all of our lives in many ways. It has also changed how the entire legal world operates. From zoom hearings to delays in filing, there have been several changes that have altered how legal proceedings work.

Workers’ Compensation has seen a shift as well. In today’s blog, I would like to highlight some of those shifts and show how they can potentially impact or alter your case.

While several other states have amended state policies regarding Workers’ Comp. and COVID-19, Florida is NOT one of those states. While the state has addressed that there are limited circumstances where an employee can receive benefits for contracting COVID-19 “on the job,” it often requires clear and convincing evidence connecting job-related tasks to the exposure to COVID-19. The standards of proof in occupational disease and exposure claims are so high that it is rare for an injured worker to prevail on COVID-19 claims.

Florida’s CFO, Jimmy Patronis issued a finding that if first responders (who are state employees) contract COVID-19 there is a rebuttable presumption that they contracted it during work and it will be compensable under WC, unless the employer can prove otherwise. This presumption does not apply to workers in the private sector.

Since the evolution of the COVID-19 pandemic, Florida case law has highlighted a list of requirements that employees must show to qualify under the occupational disease statute as it relates to COVID-19.

1. The disease must be actually caused by employment conditions that are characteristic of and peculiar to a particular occupation;

2. The disease must be actually contracted during employment in the particular occupation;

3. The occupation must present a particular hazard of the disease occurring so as to distinguish that occupation from usual occupations, or the incidence of the disease must be substantially higher in the occupation than in the usual occupations; and

4. If the disease is an ordinary disease of life, the incidence of such a disease must be substantially higher in the particular occupation than in the general public

I hope this post has been informative and opened your eyes to the complications that COVID-19 has brought to the world of Workers’ Comp. Should you have any questions or want to learn more as it pertains to your case, please do not hesitate to reach out to our office.

***This blog in no way constitutes legal advice and is meant only to be informational in nature. Should you have any questions regarding Workers’ Comp., please do not hesitate to contact our office to schedule your free consultation.

Sources: https://www.flmedical.org/florida/Florida_Public/Docs/Coronavirus/Workers-Comp-and-COVID.pdf

Important Family Law Terminology

            Welcome to the third and final installment of important legal terminology that you should know. I have already covered Bankruptcy and Workers’ Compensation and you can always access my previous posts to refresh your memory on important terms in those two areas.

            Today I am going to focus on all things Family Law, the third practice area that Marcie Baker specializes in.

Alimony: spousal support which may be ordered by the court in a proceeding for dissolution of marriage. Types of alimony include bridge-the-gap, durational, rehabilitative, permanent or retroactive, and may be either temporary or permanent in nature. The court may order periodic payments, payment in lump sum, or both. In determining whether to award alimony, the court must determine whether either party has an actual need for alimony and whether the other party has the ability to pay. The court must consider the factors set forth in section 61.08, Florida Statutes, and must make certain written findings. An alimony award may not leave the paying party with significantly less net income than that of the receiving party without written findings of exceptional circumstances.

Annulment: a marriage can be dissolved in a legal proceeding in which the marriage is declared void, as though it never took place. In the eyes of the law, the parties were never married. It is available only under certain very limited circumstances.

Child Support Guidelines: Each state has child support guidelines that must be followed in awarding child support. (See Florida Child Support Guidelines here.) The guidelines are typically a formula. There are only a few circumstances when the court can award child support higher or lower than the guidelines.

Marital Property: includes all property acquired during the marriage, even if it is not titled in both names, with some exceptions.

Uncontested Divorce: when the defendant is not going to try to stop the divorce and there are no issues for the court to decide about the children, money, or property.

Child Support: money paid from one parent to the other for the benefit of their dependent or minor child(ren). It is important to note that both parents are required to support their children and the calculations reflect this.

Dependent Child/Children: child(ren) who depend on their parent(s) for support either because they are under the age of 18, have a mental or physical disability that prevents them from supporting themselves, or are in high school, between the ages of 18 and 19, and performing in good faith with a reasonable expectation of graduation before the age of 19.

Financial Affidavit: a sworn statement that contains information regarding your income, expenses, assets, and liabilities.

Marital Liability: generally, any debt that you and/or your spouse incurred during the marriage. A debt may only be determined to be nonmarital by agreement of the parties or determination of the judge.

Nonmarital Liability: generally, any debt that you or your spouse incurred before your marriage or since your separation. A debt may only be determined to be nonmarital by either agreement of the parties or determination of the judge.

Permanent Alimony: spousal support ordered to provide for the needs and necessities of life as they were established during the marriage for a party who lacks the financial ability to meet his or her needs and necessities after dissolution of marriage. Permanent alimony is paid at a specified, periodic rate until: modification by a court order; the death of either party; or the remarriage of the party receiving alimony, whichever occurs first. Permanent alimony requires consideration of the factors set forth in section 61.08(2), Florida Statutes, and must include certain written findings by the court.

Shared Parental Responsibility: an arrangement under which both parents have full parental rights and responsibilities for their child(ren), and the parents make major decisions affecting the welfare of the child(ren) jointly. Shared Parental Responsibility is presumptive in Florida.

Time-Sharing Schedule: a timetable that must be included in the Parenting Plan that specifies the time, including overnights and holidays, that a minor child or children will spend with each parent. The time-sharing schedule shall either be developed and agreed to by the parents of a minor child or children and is approved by the court or established by the court if the parents cannot agree, or if their agreed-upon schedule is not approved by the court.

Mediator: a person who is trained and certified to assist parties in reaching an agreement before going to court. Mediators do not take either party’s side and are not allowed to give legal advice. They are only responsible for helping the parties reach an agreement and putting that agreement into writing.

            I hope this blog, like the other terminology blogs, has helped your understanding of often confusing terms and phrases related to family law. If you have any other questions regarding this post or Family law in general, feel free to call our office and we will assist you in the best way that we can!

***This blog is only meant for informational purposes and in no way constitutes legal advice of any kind. Should you have any questions regarding a family law claim, please do not hesitate to fill out our contact form to schedule your free consultation.

Sources: http://www.divorcelawinfo.com/gloss.htm

https://www.flcourts.org/content/download/403042/file/902e.pdf

https://help.flcourts.org/Get-Started/Legal-Terms

What Your Attorney Wishes You Knew

    It’s hard to believe we are already almost halfway through February! I would like this week’s blog to cover some easy tips and tricks to make both your, and your attorney’s life just a bit easier when working on your case. Welcome to, “What your attorney wishes you knew.”

- We can’t change the law. While attorneys will do their best to work on your case diligently to get you the best outcome, we do still have to abide by what the law says. If this means you can only get a certain amount of compensation for your Work Comp. case or there will be a division of assets in your divorce, we can only work within the boundaries of the law. Outcomes may not always be what you hoped, but we will do our best to find the best result for you.

- Time is money. When you begin an attorney-client relationship your attorney will explain what fees you will owe, how you will be billed, and so on. You need to understand that any time spent talking to your attorney could contribute to your bill since we are on the clock whenever working on your cases. And as a courtesy matter – pay your bills on time or work out a payment plan with your attorney so they aren’t wasting time tracking you down to get your bills paid.

- You and your life are an open book. During a divorce, privacy is almost non-existent. Your social media, employment, and finances are all a part of helping the court determine how to resolve your case most equitably. Especially when children are involved, anything negative that you post on social media or document doing can be used against you. Think twice before acting or posting.

- Pick your battles. This is especially true for divorce cases. While you and your spouse should try and compromise for division of assets, time-sharing, and all of that, don’t waste your time arguing about who gets to keep the Keurig or Nespresso machine. This will just add costs and prolong your case more than you and your attorney want it to be.

- Don’t forget attorneys are people too. No, we aren’t available at 3AM to answer your “quick question.” And if you have an appointment, stick to it and be on time. Attorneys scheduled you into their day for a reason, and you being late or a no-show is a waste of their time and your money. Attorneys also have other clients – so wasting their time can also negatively impact other clients and is just plain rude. If you have a sudden emergency or conflict, let your attorney know so that they can plan accordingly. Last-minute cancellation for good reason is much better than not showing up and not explaining why. We all need time to step away from the office and spend time with our families – so it is unrealistic for you to expect that your attorney will be available 24/7 for all of your needs.

    I hope you have found this blog to be both informational and helpful and what you should do to prepare to have as smooth a legal case as possible. As always, please reach out to our office with any questions or concerns.

***This blog is meant to serve informational purposes only and does not constitute any form of legal advice. Should you or someone you know have any questions regarding a case, please reach out to our office to schedule a free consultation.

Sources: https://www.nclawyersforyou.com/ten-things-lawyer-wishes-knew.html https://www.lawofficespace.com/5-things-lawyers-wish-everyone-would-stop-doing