Workers' Compensation

Luks Santaniello Petrillo and Cohen represents employers, self-insured corporations, insurance companies, TPAs, excess carriers and public entities throughout the state of Florida in litigation defense, risk management programs and consulting services. Beginning with initial investigation, we follow stringent protocols designed to identify cases that are candidates for early resolution and settlement or to prepare the case for trial readiness. Through the use of these protocols, cases are fast tracked for resolution and/or completion in a shorter duration. Clear concise and consistent communication with our clients and the claimant are key in attacking these cases.

Workers’ Compensation has become increasingly complex over the years. It is no longer just a simple case that involves payment of indemnity and medical care. Our team looks for ways to minimize the legal spend and always looks for ways to ensure clients are protected when settling claims. Our attorneys will always take Medicare into consideration early on, and will look into the possibility of third party cases to help lower the client’s expense.

The best defense to a workers’ compensation claim is not having an accident. Most workplace accidents are poorly documented. Our team will work with the employer to help create a simple litigation plan on steps in preventing accidents that will guide employers on what to do if a workplace accident occurs. We are also adept at defending employers facing employee direct claims alleging injury from substantial certainty, intentional tort and spoliation of evidence in third party claims.

We also offer virtual workers compensation webinars tailored to your requirements. We can customer tailor offerings from case law updates, to medical issues and/or Medicare compliance and fraud to accommodate the claims professional.

Recent WC articles authored by our Attorneys include:

"Adapting As AI Evolves. As artificial intelligence enters the workplace, employers and workers comp insurers must address some difficult questions." The article was originally published in Workers Compensation, Summer 2017 issue and is reprinted here with permission from the publication's Executive Editor.

"Everything You Wanted To Know About a Misrepresentation Defense In A Workers' Compensation Claim." The article was originally published in the Trial Advocate Quarterly, Spring 2017 and is reprinted here with Permission from the Florida Defense Lawyers Association.

"The Case Against a Cancer Presumption for Firefighters. Thousands of people outside of firefighting get the same cancers as firefighters, but firefighters are getting a presumption. Does statutory presumption go too far?" by Rey Alvarez, Esq.

"The Other Shoe Drops on States’ Attempts to Opt Out of the System" by Rey Alvarez, Esq.

"How Big Is the Gig? The sharing economy’s impact on workers’ compensation." by Rey Alvarez, Esq. and Seth Masson, Esq.

"How Employers/Carriers Can Prevent the “Double-Dip” by Rey Alvarez, Esq. and Daniel Feight, Esq. The article was originally published in the Trial Advocate Quarterly, Spring 2016 (volume 35, #2) and is reprinted here with Permission from the Florida Defense Lawyers Association.

Medicare White Paper by Daniel J. Santaniello, President FDLA and Reinaldo Alvarez, Member. This article was originally published in Trial Advocate Quarterly.

Read about Penalties and Fines that can be assessed for failure to comply with the Medicare Secondary Payer Act inside Legal Update (pp. 8-10). It is important to know how and when penalties can be assessed as they can add up quickly.

To learn more, click here to see our people who specialize in this practice area or click here to see a list of our verdicts for this practice area.