What is my workers' compensation worth?
There are many factors that come into play in every case, all of which can change the value of the case. Items to consider are age, the injury, wages, educational level,
type of job, medical care needed, etc. All have a great impact on the value of the case. Because of the complexity of the law, it is essential to have help to obtain the maximum value on the case.
Does the law allow me to sue my employer for the accident?
When employers properly obtain workers' compensation insurance for their employees,
the law allows them almost complete immunity from law suits brought by their
employees against them. An employee can only sue his employer if that employee can
prove in court that the employer has engaged in any intentional act that causes harm or is
certain to result in injury or death to the employee (Florida Statute 440.11). Most
employers are required by law to participate in the workers compensation system.
Benefits under workers compensation are limited and provide partial wage replacement
and all medically necessary treatment. We always consider the possibility of alternative
actions to maximize recovery.
What benefits am I entitled to under the workers' compensation law?
Under Florida law, an injured worker is able to recover lost wages (2/3 of their gross
wages subject to a statutory maximum) for a very limited period of time before reaching
medical maximum improvement by their treating doctor. Once they reach maximum
medical improvement (MMI) the insurance company is only required to pay a small
amount of benefits called impairment income benefits. This is based on a permanent
impairment rating that the treating doctor assigns. If the injury results in the death of an
employee, Florida Law provides benefits to the surviving family members. It also allows
for virtually unlimited medical care for the treatment of the injury such as attendant care,
mileage, prescription medication, surgery, physical therapy and diagnostic studies. The
difficulty in these claims often is due to the discrepancy between each sides view of what
benefits are due. Oftentimes requesting and receiving medical benefits under the workers
compensation law can be very confusing and frustrating requiring the assistance of an
experienced and qualified attorney.
I've been receiving benefits for my back injury for a couple of years, then last
month my benefits were stopped. Is the Employer allowed to do this?
Theoretically, an employer is not allowed to stop your benefits without an
agreement that is signed by you or without a court order by a judge authorizing the
employer to stop your benefits. In the event this happens, however, it is typically
necessary to begin litigation and even go to trial to reinstate benefits.
Can I quit my job?
Leaving your employment while treating with an authorized workers' compensation
doctor could affect your rights to receive certain types of lost wage benefits. If you
are treating with an authorized workers' compensation doctor and that doctor has
released you to work with restrictions, it is important that you attempt to return to
work for the employer within those restrictions. Failure to do so could result in the
workers' compensation insurance carrier discontinuing the payment of lost wage
benefits. The law is quite complicated on this issue. As such, it is generally a factspecific
determination.
What happens if I get fired from my job?
The law states that no employer can fire an employee because that employee has filed a
valid workers' compensation claim. Effective January 1, 1994 an injured worker who has
been wrongfully fired by the employer due to his workers' compensation injury can bring
a civil action against his employer. In order to recover damages under this statutory
provision it is necessary to prove that the reason the employer fired the injured worker
was due to the injured worker filing a workers compensation claim.
How can I get a new doctor?
Since January 1, 1997 all employers have been required by law to provide all
medically necessary treatment solely through managed care arrangements. This
represents a significant departure from the way Florida employers and workers'
compensation insurance companies had delivered and managed workers'
compensation medical care in the past. Although it has become increasingly
difficult and confusing to obtain medical treatment in a workers' compensation case,
injured workers are in fact allowed a one time change in their authorized treating
physician pursuant to Florida Statue 440.134. Additionally, an injured worker is
allowed to obtain one second medical opinion by a doctor within the same specialty
as his or her current authorized treating.
How can I hire an attorney if I am not working and have no money?
If we file a claim on your behalf, you do not have to pay anything until we recover
benefits for you. If we are successful, the attorney fee will be deducted from the
benefits that are recovered. The fee in most cases is less than twenty percent of the
amount recovered.
How much does the employer or workers' compensation insurance company
have to pay me when I am out of work?
The amount of the workers' compensation benefits that a workers' compensation
insurance carrier is obligated to pay an injured worker while that injured worker is
physically unable to return to his or her job is governed by Florida Statue 440.14.
Unfortunately, this is an area of the law that is very confusing and often results in
injured workers not receiving the correct amount of benefits that they are lawfully
entitled to. Basically, a workers' compensation insurance company is required to pay
an injured worker 2/3 of the amount the injured worker was earning at the time of
the injury. If an injured worker is working two jobs at the time of the injury,
workers' compensation law provides that the injured worker be paid on the basis of
the earnings at both jobs; this is assuming that both jobs were subject to workers'
compensation coverage and benefits. Many issues come from whether the workers'
compensation insurance carrier is paying an injured worker the correct amount of
benefits. Issues such as the inclusion of tips, the value of housing provided to
employees, the earnings at a second job, and the value of group health insurance
often arise during a workers' compensation claim and require an attorney's
involvement to insure that an injured worker is paid the correct amount of benefits
he or she is entitled to under law.
Can I force the workers' compensation insurance company to settle and can
the judge force the insurance company to settle?
No. Any settlement of workers' compensation benefits under Florida Workers'
Compensation Law is a completely voluntary exercise. A workers' compensation
insurance company cannot force an injured worker to accept any settlement at all.
Conversely, an injured worker cannot force or require the workers' compensation
insurance carrier for a certain amount of money to settle his or her claim. Most
settlements of workers' compensation claims in Florida occur as a result of the
mediation process. Mediation is a process where by the injured worker and the
workers' compensation insurance carrier and their attorneys' attend a meeting in an
attempt to settle the issues or the entire case with the help of a mediator. All
settlements under Florida Workers' compensation Law are required to be signed by
all parties and approved by a Judge of Workers' Compensation Claims.
My Employer is harassing me, telling me I am faking or if I don’t return to work
full duty I will be fired. Can they do this?
If you have reported a valid workers’ compensation claim or have an open valid
claim and employer cannot discharge, threaten to discharge, intimidate, or coerce an
employee. If this is happening to you, you may need the assistance of an experienced
attorney to stop the employer’s conduct.
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