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COVID-19 has affected the state of Florida, and the entire United States, in ways that were previously unfathomable. The virus has taken a catastrophic toll on the population as well as the economy. While many industries are struggling to recover, the risk of opportunistic insurance claims and lawsuits as a result of the pandemic is on the rise. The financial threat these lawsuits pose to the business community, large and small, is incalculable. Multiple plaintiffs have already filed lawsuits in hopes of compensation for a variety of reasons, including relatives of deceased family members seeking compensation for their loved ones’ deaths and businesses filing suits against insurance carriers that have denied business interruption claims. New state legislation passed on March 29, 2021 grants liability protection against COVID-19 related injury and death lawsuits to Florida businesses and educational, governmental, and religious institutions – all of which are attempting to recover from the devastating effects of the pandemic.

Where a claimant has work restrictions and no earnings, she only needs to prove a causal connection between the injury and the loss of income.  Specifically, a claimant can meet her prima facie entitlement to TPD benefits by demonstrating that she is unable to successfully perform the tasks of her pre-injury job which directly resulted in a cessation of the performance of that employment and a reduction of her income below 80% of her AWW.  See Wyeth/Phama Field Sales v. Toscano, 40 So.3d 795 (Fla. 1st DCA 2010).  The court has laid out a three part test; the claimant needs only to show (1) that she is not a maximum medical improvement, (2) that she has restrictions which prohibit her pre-injury employment and (3) that she has a reduction of income below 80% of her AWW.

Workers’ compensation is a type of insurance that protects employees if they are injured on the job and limits the liability exposure of the businesses that employ them. The insurance provides medical benefits and wage replacement for the employee depending on the nature of their injuries while also protecting the employer from lawsuits related to the incident that caused the injury at work. While workers’ compensation can be considered an essential benefit for employees, many business officers find they do not require the same protection.  Those who work in administrative and/or management roles may have a significantly lower risk of sustaining a work-related injury, making workers’ compensation coverage unnecessary. Because insurance providers use a business’ total payroll to calculate insurance premiums, removing an officer’s salary can reduce insurance expenses. To do this, the officer needs to file for a workers’ compensation exemption. Exemptions can make it easier for a business to meet Florida’s workers’ compensation requirements while maintaining a reasonable profit margin.

Joshua E. Nathanson, a partner in the firm’s Hollywood office, obtained a verdict in an admitted liability rear-end auto collision. This was one of the first live trials held in Miami, Dade County since the COVID-19 shutdown.