Who wants to read my article?

[Really_Not_All_That_Bright]

@Richard_Parker

One question: you suggest that requiring the worker to exhaust the workers’ comp process despite the employer’s denial of WC liability has no significant negative consequences for WC policy or for the workers’ own interests. But while the employer may eventually be on the hook, doesn’t the employee have to pay the costs of medical care until the employer is found responsible (either by the WC process or in court)?

Good question. And yes, it would result in a bit of a delay versus allowing the injured worker to sue in tort as soon as the defense is raised.

But the delay is essentially insignificant relative to the length of time involved in a tort action; in the absence of a compelling reason for a continuance the final merits hearing (trial) in a workers’ compensation case must occur within 210 days of the filing of a petition for benefits (complaint).

To quote myself:

In 2013, the average length of time between the filing of a petition and a merits hearing was 162 days. The Florida circuit courts do not keep comparable statistics, but nationwide, the average tort action took over two years to reach disposition as of 2001.

That’s all tort actions. In my experience, the average Florida personal injury litigant is lucky to see a settlement or judgment (summary or otherwise) in less than three years, and cases where recovery is not capped by the $10K statutory minimum policy limit are usually five-year affairs.

[jerseymule]

I would like to read it.