Everyone gets frustrated with delays. Traffic jams, long lines at the DMV and waiting at the airport can be infuriating. But when your health is on the line, delays can be deadly. What happens when you are injured at work, your doctor proscribes emergency treatment and the worker’s compensation carrier delays approval causing further injury? Do you have a claim? The short answer – only if the carrier’s delay constitutes an intentional tort.
Generally, Florida’s Workers’ Compensation Law provides immunity to a worker’s compensation carrier. See § 440.11, Fla. Stat. (2011). Aguilera v. Inservices, Inc., 905 So. 2d 84 (Fla. 2005), however, illustrates an important exception to this rule – statutory immunity does not apply to intentional tort claims. In Aguilera, the carrier engaged in egregious conduct including, cancelling medical appointments, blocking prescriptions and failing to heed the advice of its own doctors. As a result of the carrier’s delay in approving treatment, Aguilera suffered additional damages. The Aguilera court held that “only injuries that occur within the system, ‘workplace injuries,’ are covered under the workers’ compensation law, not injuries intentionally inflicted by an insurance carrier during the claims administration process.” The court also stated that Florida’s “workers’ compensation legislation does immunize an insurance carrier for mere negligent conduct, simple bad faith, and minor delays.”
After the Aguilera decision, several courts upheld employees’ claims against their carriers for intentional torts. See, e.g., Thristino v. Crawford & Co., 932 So. 2d 1162 (Fla. 4th DCA 2006) (reversing dismissal of claim that carrier intentionally and purposefully deprived claimant of necessary care and services prescribed by her physicians). Keep in mind, that while worker’s compensation carriers are protected against claims for mere negligence or minor delays in the claims process, any intentional harm is actionable.
If you, or someone you know, have been injured as the result of negligence, medical malpractice or a dangerous or defective product, contact me at (305) 358-3109 or mmazzarella@hannonboyers.com today for a free evaluation of your claim.
The Florida Injury Litigator 
They provide invaluable advice as to where asking prices should be set, in
order that informed decisions can be made for setting your individual values.
This means that property owners will be able to successfully
find possible buyers when they use the expertise of Internet estate agents, if they are
selling their homes or any other form of property.
Oftentimes a quick real estate sales agreement may be sole because
highly effective since the individual who that
you’re hiring to discover a sale price to occur. They are trained within the art of negotiation.
Posted by hp com support | December 19, 2012, 9:21 AMMake sure you put your keyword in the web page title, first paragraph
and once or twice in the main body. For professional web site builders extra complex laptop software program for net
design is needed. If a picture is worth a thousand words
then you can just image how much you will absorb by browsing this site.
Posted by online Form Generator | July 25, 2013, 8:24 AMHorizontal Siding and Vertical Sliding refers to the outer layer of a wall, with
shingles or boards or gaps subtly angled to shed water.
) and installation used are correct for your
situation and the location of your wine cellar. Decide now because if you are a
weight lifter, you will not build the chest that you are looking for.
Posted by online form generator | July 25, 2013, 9:54 AMCheers to your PROFITmatic Turnkey Automated Internet Profit Center,.
It’s easy to use a fake IP address on i – Phone and i – Pad, but you need to know what you need the fake IP for. Therefore it’s better to always
do the intelligent point and take these tips.
Posted by online form generator | July 25, 2013, 9:59 AMFlash web designers will like the cost and the creativity of the Trendy Flash
Site Builder. Rather, they’re designed to help spark possibilities in your own mind. You can make corrections directly instead of having to search mistake through the code, if something does not seem OK for you.
Posted by online form generator | July 25, 2013, 10:16 AMNow, there are hundreds of programs available ranging from free to hundreds of dollars, including
everything from a bare bones setup to an all inclusive image editing suit.
You might get one or more benefits of outline designer along with it is the ideal means to unleash the capacities.
If a picture is worth a thousand words then you can just image how much you will absorb by browsing this site.
Posted by online form generator | July 25, 2013, 11:07 AMIt’s going to be ending of mine day, except before ending I am reading this fantastic article to
increase my know-how.
Posted by www.E-roading.com | August 30, 2014, 6:54 AMI am really delighted to glance at this webpage posts which carries plenty of helpful data, thanks for providing these data.
Posted by Iola | April 26, 2015, 12:00 AMI loved as much as you’ll receive carried out right here.
The sketch is attractive, your authored material stylish.
nonetheless, you command get got an impatience over that you wish be delivering
the following. unwell unquestionably come further formerly again since exactly the same nearly very often inside case you shield this
hike.
Posted by Shani | August 14, 2019, 7:25 PM