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Florida Constitution Revision Commission

PUB 700393: Workmen's Compensation, Employee's Right to 100% of Their Wages While Out on Leave. by DeWayne Batten

ARTICLE I: DECLARATION OF RIGHTS, Section 26. Claimant’s right to fair compensation.

SECTION 26.Claimant’s right to fair compensation.
  1. Article I, Section 26 is created to read "Claimant's right to fair compensation." In any medical liability claim involving a contingency fee, the claimant is entitled to receive no less than 70% of the first $250,000.00 in all damages received by the claimant, exclusive of reasonable and customary costs, whether received by judgment, settlement, or otherwise, and regardless of the number of defendants. The claimant is entitled to 90% of all damages in excess of $250,000.00, exclusive of reasonable and customary costs and regardless of the number of defendants. This provision is self-executing and does not require implementing legislation.
  2. This Amendment shall take effect on the day following approval by the voters.
  3. Workmen's Compensation - All natural persons, citizens of the state of Florida, has the right and shall receive full 100% gross compensation of their pay at the time of injury from the workmen's compensation insurance carrier for injury received on the job. The insurance carrier shall pay employee promptly on employee's regularly schedule pay day while employee is out of work.

1. When an covered employee is injured on the job or in the performances of their duties, the workmen's compensation insurance carrier will cover all medical cost related to injury for the remainder of the employee's life, reimburses employee for any out of pocket expense, will pay employee full 100% gross amount of employee's hourly, daily, or weekly wages, will make prompt payment of employee's wages to the employee on employee's scheduled pay day each week or every two weeks on employee's pay day, will continue paying employee full 100% gross amount of employee wages based on a 40 hour work week or if the employee works on average less that 40 hours per week then the average hourly work week until employee is cleared by medical doctor to return back to work.

 

 

Submitter's Comments.

The current workmen's compensation laws are so unfair and harmful to the employee who is injured. As it is how the insurance carrier will pay the doctor, hospital, and x-ray and test labs etc. 100% of their fee's to see and treat the employee, but when it comes to the injured employee they only give them 75% of their pay. This is such a tragedy that words fail to justly decribe the scope of the harm this is upon the injured employee and thier family. When an employee is injured and has to be out of work they are being punished, this is such a injustice... If the law is to stay the same then lets change the payment to the doctors and hospitals etc. to just 75% of their fee's and cost, then you know what would happen is that all doctors and hospitals etc. will refuse to see or treat anyone under a workmen's compensation injury, then what would the injured do? If forced to treat the injured the doctors and hospitals would sue the insurance carrier for payment of their fee's and cost for services rendered, and then sue the state for having such a law which they would claim to be so unfair and illegal by forcing and demanding that doctors and hospitals treat the injured and not receive their full compensation for it. The doctors and hospitals get 100% of their fees so pay the injured employee 100% of their gross pay on their scheduled pay day. Like it is now the insurance carrier will hold back the first week's pay from the employee and then pay the scond week's pay after the second week has concluded, so now the employee is looking at getting a weeks pay, well 75% of it about three weeks after they start on workmen's comp leave. THIS IS SO NOT RIGHT... most families live pay check to pay check and having a workmen's comp plan like this hurts the enployee and their families greatly to the point that it is hard for them to recover from, and during this time the family will have to go some without food, and bills will not get paid thus causing the injured to be late and have to pay late charges, maybe some of their debts will go into collections and the items will be sieged and all this will reflect on the injured employee's credit report...Change is needed..