David Langham

By David Langham I recently had the chance to speak to a group of workers' compensation professionals from around the nation. They are each involved with self-insurance, a term that has evolved over the years that I have been involved in this community. Some are surprised when they are reminded that the vast majority of obligations in the workers' compensation law are the employer's.

By David Langham Workers' compensation is a system designed to protect employers and employees from "unexpected events happening suddenly." That phrase, or one like it, is featured in various statutes across the country. The Florida version is: “Accident" means only an unexpected or unusual event or result that happens suddenly. But what if the event is neither unexpected nor particularly unusual? What if the event is even intentional?

By David Langham The attorney opens a mediation negotiation with a superlative bloviation: "This case cannot be worth less than $1 million," or "There is no way the alleged accident or injuries are compensable." These may be posturing points, exaggerations or mere overstatements. There is a desire in any negotiation to start in a posture from which there is room to maneuver.