South Florida Personal Injury Lawyers Blog
Seasonal employment is a major component of Florida’s economy, drawing thousands of workers each year to a variety of industries. From the bustling tourism sector, where theme parks and resorts require additional staff during peak travel times, to the construction industry, which often ramps up projects to take advantage of favorable weather, seasonal jobs are plentiful. Additionally, Florida’s professional and semi-professional sports teams, including baseball and football, rely heavily on seasonal workers to support their operations. These jobs, while offering valuable opportunities and income, come with risks. Many seasonal roles, especially those in physically demanding fields like construction and sports, can be hazardous, exposing workers to potential injuries.
In Florida, employers are mandated to carry workers’ compensation insurance to protect employees who get injured on the job, and this includes seasonal workers. Workers’ compensation provides essential benefits, such as medical care and wage replacement, to help injured employees recover and support themselves during their time off work. However, the amount of compensation a worker is entitled to can vary significantly. This calculation is often based on “full-time weekly wages,” but this baseline can be adjusted, and the interpretation of this amount can be contentious. Recently, a Florida district court addressed such an issue when an employer challenged the amount awarded to a seasonal professional baseball pitcher who was injured and unable to complete his employment contract.
The pitcher in question was under a contract with a minor league baseball team and earned a salary during the five-month championship season. However, his contract also required him to be available year-round for other activities, such as exhibition games and training. Unfortunately, during one of the championship games, the pitcher sustained a serious shoulder injury, which led him to file a workers’ compensation claim. Initially, the Judge of Compensation Claims (JCC) calculated his average weekly wage (AWW) based on a full-year salary, attributing his monthly earnings over 12 months, even though his contractual salary only covered the five months of the championship season.
This initial ruling granted the injured player a higher compensation amount, but the team challenged the JCC’s decision, arguing that the AWW should only reflect the salary earned during the actual playing season. Upon review, the district court sided with the team, finding that the JCC had erred in its calculation. The court determined that the AWW should be based strictly on the contractual terms, which specified payments only for the championship season months. Consequently, the court reduced the awarded amount, aligning it with the actual earnings stipulated in the contract.
The court’s decision underscores the complexity and variability in workers’ compensation awards. Both the JCC and the district courts possess some discretion in determining fair compensation, but their interpretations can differ, impacting the final award. For injured employees, navigating these legal nuances can be challenging, and the stakes are high. Securing experienced legal representation early in the process can significantly enhance an employee’s chances of receiving a fair and adequate award. A knowledgeable Florida employment law and workers’ compensation attorney can provide invaluable guidance, helping to build a strong case from the outset.
Have You Been Injured on the Job?
At Friedman, Rodman, Frank, & Estrada, our experienced attorneys understand the intricacies of Florida’s workers’ compensation laws and are dedicated to advocating for injured employees. If you or a loved one has been injured on the job in Florida, whether at a seasonal job or another type of employment, you may be entitled to relief under workers’ compensation insurance or possibly through other legal avenues, such as negligence claims. Contact us to discuss your situation. Our team has extensive experience in employment law, workers’ compensation, and personal injury, and we are committed to helping you find the best way to pursue your claim. Reach out today through our online form or call 305-448-8585 to schedule a free consultation and let us help you protect your rights and secure the compensation you deserve.