How much do I stand to make off this workers' compensation case?
Since all cases have a different worth, factors like age, salary, educational background, occupation, level of injury, and necessary medical care directly affect a case's value.
Will I be able to sue my employer if they are responsible for the accident? How much do I stand to make off this workers' compensation case?
Since all cases have a different worth, factors like age, salary, educational background, occupation, level of injury, and necessary medical care directly affect a case's value.
Will I be able to sue my employer if they are responsible for the accident?
The workers' compensation system was developed to protect workers injured at the jobsite without taking into account whose fault the accident was. Almost all employers are mandated by law to offer workers' compensation benefits. Workers' compensation benefits are very minimal, providing some wage replacement and any required medical treatment, but it grants employers immunity to lawsuits provided they offer proper compensation to their employees. An employee can only file a lawsuit if it can be upheld in court that the employer deliberately harmed the employee.
If I am receiving workers' compensation, what benefits can I expect to receive?
Injured employees are entitled to repayment of 2/3 of their gross earnings. Florida law allows an injured employee to receive compensation for lost wages for a brief time period before their doctor reports them at a level of maximum medical improvement (MMI). The doctor providing treatment also designates a permanent impairment rating for the employee. Based on the level of this rating, the workers' compensation insurance company grants the employee a small amount of financial compensation at regular intervals. If the employee's injury turns out to be fatal, state legislation states that all surviving members of the family must be compensated. Florida Workers' compensation Law places almost no limit on the amount of medical care needed to treat an injury sustained at work. Medical care covered by law includes surgical procedures, physical therapy, prescription drugs, diagnostic studies, attendant care, and medical mileage, Since January 1, 1997, all medical care if offered through a managed care system overseen by the workers' compensation insurance company or the employer. Unfortunately, this limits choices that the employee has in terms of healthcare providers. Medical care complaints are handled by the Agency for Healthcare Administration located in Tallahassee, FL. As you can see, the Florida Workers' Compensation Law makes for a confusing, and sometimes exasperating experience in the pursuit of receiving healthcare benefits. This is why it is not uncommon to request the guidance of a practiced attorney.
What if I quit my job while receiving workers' compensation?
Leaving your place of employment under your own terms while receiving treatment from an approved workers' compensation doctor could negatively impact your right to access various lost wage benefits. If that particular doctor has issued a release allowing you to return to work under certain circumstances, you should make a genuine attempt to work under those conditions. If you choose to do otherwise, the workers' compensation insurance carrier may choose to suspend payment of lost wages. If your course of treatment with the assigned doctor is completed, you have reached MMI, and the doctor has determined your permanent impairment rating, choosing to leave your job will not impact your eligibility for impairment income benefits, which are provided by law.
What options do I have if I am fired?
According to Florida Statute 440.205, it is unlawful for an employer to fire an employee for filing a workers' compensation claim after suffering a workers' compensation injury. This law, which went into effect on January 1, 1994, gives a crippled worker who has been unjustly fired by an employer due to a workers' compensation injury the power to bring civil action against the employer and possibly receive financial compensation as a result. In order to receive compensation, it is critical that the employee prove that the unexpected termination was the consequence of filing a workers' compensation claim.
If I'm not satisfied with my assigned doctor, am I allowed to select a new one?
Florida statute states that injured employees are entitled to switch to another physician if they are not happy with the current. This process is only allowed to happen once.
How does my lawyer make money off a workers' compensation case?
Under certain circumstances, Florida law requires either the employer or the workers' compensation insurance company to pay the plaintiff's attorney fees. The attorney will be paid when:
In these situations, the judge of compensation Claims makes the call whether the Insurance Company is accountable for the plaintiff's attorney fees and what amount it will be. No attorney fees under these stipulations will ever be paid without the judge's consent
When a workers' compensation claim reaches a settlement, the injured employee normally pays the attorney fees pursuant to statutory guidelines.
What should I do if my injury prohibits me from returning to work?
When a worker is physically unable to rebound from an injury and return to the workplace, they have the option of applying to the training and education program through the State of Florida Division of Workers' Compensation. Most applicants are refused by the state, and they are a faced with the challenges of getting by with no further financial assistance through workers' compensation and finding a new job on their own. If you are lucky enough to secure a spot in the training and education program, you may receive as many as 52 weeks of vocational training with the idea that you will have a new job waiting for you upon completion of the program. Workers enrolled in one of these classes also qualify to receive up to 52 weeks of compensation for lost wages so long as they are in the program.
How much can I expect to be paid while I'm out of work?
Florida Statute 440.14 governs the amount that a workers' compensation insurance company is expected to pay a worker whose injuries are keeping them from returning to their job. This law can be very easily misinterpreted, which often leads to injured workers not receiving the benefits that they are legally entitled to. A workers' compensation insurance provider must pay an employee 2/3 of their average weekly wage over the 13 weeks prior to the accident.
Do I or a judge have the jurisdiction to force a workers' compensation insurance company into a settlement?
No. Based on the Florida Workers' Compensation Law, whether an insurance provider decides to settle is totally voluntary; an injured worker has no place forcing an Insurance carrier into settlement and vice versa. The majority of workers' compensation claims in Florida are resolved with the help of a mediator, during mediation, the injured employee, Insurance company representatives, and attorneys from each side meet with the goal of coming to terms and hopefully settling the case. Per Florida Workers' Compensation Law, all settlements must be signed by each party involved and granted approval by a judge of Workers' Compensation Claims.
More Information on Labor Laws:
1-877-MORGAN-LAW
Guided Case Review