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Lakeland Legal Issues Blog

Age discrimination often a barrier for older workers

While recent college graduates sometimes struggle to find gainful employment in Florida and across the United States, they are not the only ones experiencing this hardship. In fact, the state and nation’s older workers are increasingly feeling as if their age is a barrier to finding employment, and research shows that they are unfortunately correct in their convictions. At Kaylor, Kaylor & Leto, P.C., we know that there are laws in place preventing employers from discriminating against you due to your being 40 or older, and we have helped many Florida victims of age discrimination seek appropriate recourse.

According to AARP, age discrimination has become such a pervasive problem in this country that jobseekers 35 and over assert that their age is the single biggest hurdle keeping them from finding work. Furthermore, two-thirds of Americans between 45 and 74 claim they have been victims of work-related age discrimination, highlighting just how widespread the issue has become.

Can children receive Social Security Disability?

When your child has a disability in Florida, you may wonder if your child is eligible for Social Security Disability. In some cases, your family may meet the eligibility requirements, so it is important to understand the details about the available benefits. 

Your child's age may play a role in whether he or she can receive Social Security disability benefits. According to the Social Security Administration, children usually have to be younger than 18 or have received their injury or diagnosis before they turned 22. Additionally, your child has to meet certain requirements. He or she generally needs to have one or several conditions that severely affect his or her ability to manage every day. These conditions typically need to have affected your child's life for up to a year. 

Former teacher told by court to file workers' comp claim

People in Lakeland may be justified in their expectation of having access to workers' compensation benefits should they experience a work-related illness or injury. After all, the law requires nearly all employers to provide some form of benefit to assist in these situations. Yet employees should also understand that they play a vital role in the workers' compensation claim process beyond simply mandating the benefit; they need to learn the proper procedures to file a claim so that their employers' insurance provider can either cover or reimburse them for their medical expenses. 

These processes must be followed in order to obtain any sort of employment assistance in dealing with a work-related condition. This point was recently driven home in the case of a Tennessee man who filed a multi-million-dollar lawsuit against the school district he had previously worked for. In his lawsuit, the man claimed that despite informing officials at the school that he worked at of the presence of mold in his classroom. No action was ever taken to remediate. He claims that his exposure to the mold caused him to develop illnesses that forced him to leave his job. The circuit court judge hearing his case ruled that his lawsuit should be thrown out, however, saying that instead of legal action, the man should have filed a workers' compensation claim (which he never did). 

LGBT discrimination cases head to Supreme Court

Most people who live and work in Florida may know that there are laws in place designed to protect employees and job seekers against discrimination or harassment in the workplace. It may even be easy to take these laws for granted. However, not every person is able to rely on these laws to shield them from unfair treatment and discrimination today.

People who are gay or transgender continue to struggle for equal treatment in the workplace. As reported by CNN, there is no current federal statute in place that expressly prohibits discrimination based on gender identity or sexual orientation. Some states do have these types of laws but Florida is not one of them. A new piece of legislation titled The Equality Act has recently been introduced into both houses of Congress to address this very issue.

Three types of workers' compensation benefits

People in Florida who are employed in most sectors and lines of work may be covered by a special type of insurance that provides assistance to them or their families after an injury or illness if the injury or illness is related to their employment. This is called workers' compensation. There are three types of benefits that workers' compensation may provide to someone depending on the situation.

One benefit type according to the Florida Division of Workers' Compensation is a death benefit. This may include compensation to dependents, educational support for spouses and funeral payments. A death benefit may be available up to 12 months after a person dies or after five years of disability. Medical benefits pay for an injured or ill worker to receive all necessary and related treatments. This may include diagnostic procedures, medication, therapy and more.

A safe workplace is everyone's responsibility

Occupational safety may seem like an issue that only affects industries such as manufacturing and construction, but every Florida resident deserves a safe work environment. Dangerous working conditions may lead to injuries, lawsuits and financial issues that affect both businesses and their employees. People at every corporate level may make valuable contributions to improve the safety of their working environment.  

Data from the Bureau of Labor Statistics shows that there were 299 fatalities from workplace injuries in 2017. The majority of these injuries occurred in the private construction sector. Most fatalities happened in transportation incidents, and falls contributed to the second-largest number of fatal injuries. There were both traditional employees and self-employed individuals who suffered fatal workplace injuries. Self-employed people accounted for 15% of the total fatalities.

Common bartender injuries

Bartending can be a fun job. You may find that mixing drinks and interacting with customers is enjoyable – at least most of the time. However, being a bartender is also dangerous. Just because you do not work for a road crew or at a construction site does not mean you are safe from workplace injuries.

As a bartender, you face hazardous working conditions, including the following:

  • Broken glass
  • Flames
  • Repetitive and strenuous motions
  • Slippery floors

3 unique stages when you might notice discrimination

You deserve a discrimination-free workplace. At Kaylor, Kaylor and Leto, P.A., it is our job to do everything we can to make that happen. Even if you think it is too late to get justice, you may want discover your options under Florida law. This illegal workplace action could occur at any time, so make sure you know your rights.

There are three times that you may discover discrimination against you. These are before hiring, during your tenure at your job and after you leave. Read on to get a brief look at the possible legal implications of discovering discrimination that each of these stages.

What are the employment discrimination laws in Florida?

There are two levels of discrimination laws. The first is at the federal level and the second is at the state level. When looking at employment discrimination, the federal and state laws tend to be fairly similar. However, some states have made changes in their laws to expand them over the federal requirements. Understanding Florida's employment discrimination laws can help you when looking for a job or employing others.

The Florida Statutes explains certain groups have protection under employment discrimination laws. This protection includes the right to be free from discriminatory actions based on your marital status, national origin, race, sex, pregnancy status, age, color, handicap or religion. The law also specifies the different actions in which an employer may not discriminate. These include extending privileges, providing promotions, in the determination of wages and during hiring and firing practices.

Defining disability for SSA benefit qualification

If someone in your family in Florida has experienced an injury or been diagnosed with a medical condition that prevents them from working, it is only natural that you would seek to file for disability benefits. However, before you proceed with an application, it is important that you understand the steps that will be involved and how the Social Security Administration goes about approving or denying these benefits.

As explained by the SSA, a person must qualify for Social Security Disability benefits based upon a variety of criteria. One of these is their past work history. They must have essentially paid into the system in order to benefit from it now. Beyond that, the focus is on the nature of the condition and the person's ability or inability to work.

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