Maira Chirinos who owns the construction company Taco Builder’s Inc in
Pompano Beach was arrested for evading worker’s comp premiums of $1.8 million. Her
workers’
compensation lawyer has their hands full on this one.
Chirinos lied to the state agency by underreporting the volume of the
company’s operation, payroll, and the strength of her employees. According to
the Florida Department of Financial Services Chirinos reported that she paid
her employees $76,000 but in reality her employees cashed $11 million in checks
during the period in question.
Worker’s
compensation coverage protects employees in the event they are injured on
the job. These violations meant that dozens and dozens of people were exposed
to the risk of getting no compensation for income loss and medical expenses.
According to sun-sentinel.com Chirinos was charged with
first degree felonies for grand theft and worker’s comp premium fraud.
Supreme Court Justices Deliberate over Constitutionality of Worker’s Comp
Insurance System
Supreme Court Justices of Florida are
attempting to determine whether the state worker’s compensation system is
constitutional or not. In addition, the judges are also trying to discuss if
they have the authority to pass a judgment on the issue.
The issues cropped up while the justices
were deliberating on the Stahl Case. This is an injury case filed by Daniel
Stahl who worked as a nurse at Hialeah Hospital. His worker’s compensation
lawyer Mark Zientz said that workers are being denied benefits as a result of a
2003 overhaul of the state worker’s comp which led to the reduction in insurance premiums that was
clearly aimed at benefiting employers.
Zientz asserted that the worker suffered
because their benefits were
slashed to accommodate employers. But Ken Bell, a workers’ compensation
attorney, representing the hospital said that since there was no factual
evidence to establish that the system is unconstitutional. He said the Zientz
failed to provide evidence to prove that the overhaul of the worker’s comp was
made without a reasonable basis, capriciously and arbitrarily.
The worker’s comp system was initiated a
decade ago enabling workers injured on the job to obtain compensation without
having to pursue a lawsuit. This means that the workers were receiving a payout
in lieu of their right to sue the employers. However, the Stahl case had tried
to emphasize that the 2003 overhaul had made the worker’s comp system
unconstitutional as the workers were not getting enough benefits even after
giving up their legal right to sue.
Miami.cbslocal.com reports that all the
three justices Pariente, Quince, and Perry have shared their concern on the
reduction of worker’s comp benefit. However, Bell argued the Supreme Court must
not decide on the constitutionality of the system. He said that the court
cannot make a policy decision. This issue must be decided by the state
legislature.
Knowing When to Pull the Legal Trigger
When you are in a situation that is
beyond your comprehension and the other side is sending you legal paper work
and your situation involves the law, you need legal help.
If a workplace injury or disability is
preventing you from working, you potentially have to deal with a number of
issues. Paying your medical bills and trying to maintain your family’s budget
can be a daunting task. Besides, you may be worried about the future if you
won’t be able to return to your job. A committed workers’ compensation lawyer
will be able to offer you a winning game plan which you currently do not have.
Your legal representative will evaluate your case, contact the insurer, start
negotiations and if negotiations fail he will prepare you for the appeals and
the hearing.
Unfortunately you are in a legal
whirlwind now but you have outstanding legal representation and you must see
this through. Your life may depend on it. Be patient and help your lawyer out
when they need it.
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