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1. Am I covered?
2. Is my recently agravated prior condition covered?
3. Can I sue my employer for injuries that I received on the job?
4. Do I need an attorney?
5. Can I settle my case for a lump sum?
6. What do you charge in fees?
7. How do I get my benefits started?
8) How long do I have to report an accident or injury?
9) The Employer/Carrier has denied my case or certain benefits, what do I do now?
10) What is the statute of limitations for a Florida Workers’ Compensation case?
ABOUT WORKERS’ COMPENSATION IN FLORIDA
The following are some brief and general answers to some commonly asked questions about Florida Workers’ Compensation law. Please take note that our office will be happy to speak with you on the telephone free of charge to answer specific questions that you may have about your particular situation. The following is for general informational purposes only and is not intended to be a legal opinion or substitute for legal advice regarding your particular circumstance. The workers’ compensation laws are complex and sometimes involve exceptions to the general rules. The workers’ compensation law in effect on the date of your accident controls the substantive benefits that you are entitled to. If you need legal advice, please call our office or a workers’ compensation practitioner in your area.
1) Is my injury covered under Florida Workers’ Compensation Law?
If your injury arises out of the course and scope of your employment, it will be covered under Florida Workers’ Compensation Law. There are several grey areas regarding what constitutes “arising out of the course and scope of employment”, but for the most-part, accidents that happen while working are covered. In addition, occupational diseases and injuries that occur from the seemingly insignificant repetitive trauma of the job which cumulatively produce an injury are also covered. (For example, if although there is no actual accident, but repetitive typing or assembly motion causes pain and injury, this would be covered.) The work performed must be the major contributing cause of your disability or need for medical treatment.
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2) I had a prior injury to my back, and now I’ve aggravated it while working. Is my back condition covered under Florida Workers’ Compensation law?
The short answer is... it depends. First, it depends upon what the date of your accident is because there are different standards depending upon the date. Second, it depends upon whether the major contributing cause of your need for treatment is the prior injury or the aggravation. In general, we can usually put forth a good argument that your case should be covered. Call us for a detailed analysis as to whether the aggravation will be covered in your case.
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3) Can I sue my employer for injuries that I received on the job?
In most cases, the doctrine of workers’ compensation immunity prevents an injured worker from suing an employer for injuries that arise out of work or are due to employer negligence, and the worker is left with the remedy or workers’ compensation benefits. However, if the employer has failed to secure workers’ compensation coverage, or if the workers’ compensation carrier has denied that the injury is compensable, the employer may lose their immunity to a personal injury suit. Furthermore, in some cases where the employer has placed the employee in a situation where it is a virtual certainty that the employer’s conduct or workplace will result in injury or death, a civil suit for damages may be brought. We will be happy to provide a free consultation to determine if your situation rises to the level where suit may be brought against your employer.
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4) Do I need an attorney to represent me?
If you have any question as to whether you are receiving appropriate medical care or that the benefits being provided are correct, you certainly should contact an attorney. The workers’ compensation laws and benefits are complex and it is wise to ask specific questions of an attorney regarding your particular situation. The insurance companies and employers have attorneys who are looking out for their best interest, not yours. We will be happy to offer you a free telephone consultation to address your case and explain your rights.
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5) Can I settle my workers’ compensation case for a lump sum of money?
Most workers’ compensation cases can be settled for a lump sum of money. This is a lump sum amount of money paid by the insurance company or employer in exchange for their obligation to provide workers’ compensation benefits. The amount of the settlement depends upon the nature of the injuries, whether benefits have been correctly paid in the past, and potential future benefits. Settlement is not mandatory and neither you, nor the Employer/Carrier can be forced to settle a claim. One of the things that our firm can offer is our assistance and expertise in evaluating your case and negotiating as large a settlement as possible with the workers’ compensation insurance company.
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6) What do you charge for attorneys’ fees in a workers’ compensation case?
No money is due up front or out of your pocket. Our fees are payable out of a lump sum settlement or out of benefits that we obtain for you from the employer/carrier that are provided within 30 days of the filing of a petition for benefits. Attorney’s fees are due at the rate of 20% for amounts up to $5,000, 15% of any amounts from $5,000 through $10,000, and 10% of any amount above $10,000. (Note that the fee is different for accidents occurring prior to 1994.) Attorney’s fees and costs may also be due from the employer/carrier if they fail to provide benefits within 30 days of receiving a petition for benefits, and then they voluntarily provide the benefits, or are ordered by a judge to provide the benefits.
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7) Although I reported my injury to my employer, they have not provided any benefits. How can I get the workers’ compensation benefits started?
Under the law the Employer and their Carrier (insurance company) are required to provide all reasonably necessary medical care and certain disability benefits as defined by the law. After an injury is reported, the Employer is supposed to file a First Report of Injury with the carrier within seven days. By law the Employer is required to display a poster that tells employees the name of the workers’ compensation insurance company and their address and phone number. This enables the employee to report the claim directly to the insurance company if the employer fails to do so. If the employer has failed to post the name and address of the Carrier, there is a database kept at www.fldfs.com where an employee can search for the name of the carrier.
If you require emergency medical care, go directly to the nearest emergency room for treatment or call 911. The employer/carrier is responsible for emergency care even if they did not provide prior authorization.
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8) How long do I have to report an accident or injury?
In general, an employee must report an injury to the employer within 30 days after the date of or manifestation of the injury. There are certain exceptions to this rule, and later reporting may be allowed in certain circumstances. However, it is usually the best policy to report the injury as soon as possible.
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9) The Employer/Carrier has denied my case or certain benefits, what do I do now?
You need to speak with an attorney. In Florida, a workers’ compensation lawsuit called a petition for benefits may be filed if an employee has a dispute over benefits or appropriate medical care. Eventually the claim will be heard by a workers’ compensation judge called a “Judge of Compensation Claims”.
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10) What is the statute of limitations for a Florida Workers’ Compensation case?
The statute of limitations is the period of time in which a petition for benefits must be filed or all claims and benefits will be barred. In Florida, the statute of limitations is fairly complex and there are exceptions to the general rule. Generally, a petition must be filed within two years of the date of accident. However, if it is beyond the initial two years of the date of accident, a petition may be filed if authorized medical treatment or compensation checks have been provided within the last year. If you are outside of two years of the date of accident and authorized medical care or compensation checks have not been received within one year it is probably too late to file a petition for benefits. However, there are certain exceptions, and you should speak with a lawyer as soon as possible.
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