Workers Compensation Legal Questions

A deposition is an important tool in the discovery process.  They take place in almost every case and it allows the defense an opportunity to ask a series of questions regarding your living situation, past employment history, previous accidents, etc...   They are taken in front of a court reporter with the deponent being under oath, so it is very important to frame your answers carefully.   How questions are answered in a deposition can play an integral role in the outcome of your case. Likewise, a Mediation Conference is also a step in the process of almost every case.  A mediation allows the parties to come together to hash out any outstanding issues and or discuss settlement with the aide of an independent third party.    e would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

It is a little hard to follow your question, but if you were injured at work you should be able to obtain all necessary care for your employers workers compensation coverage. If you don't have a lawyer you should contact one who specializes in Worker's Compensation cases. It is a very individualized field. We an attorney in our office who does nothing but these kinds of cases. You can use the "Find a Lawyer" service through this website to research personal injury attorneys. Then, visit each attorney's website and select a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz ... Read Answer

Unfortunately, people are right when they tell you that Workers' Compensation is not fair to the injured worker.   Under this law the insurance carrier gets to pick the medical provider and usually they are very conservative.   You still have a couple options.  If you have not used your "one time change" you may be able to see another provider.  The downside is that the carrier will pick this provider as well.  You may also be able to get an Independant Medical Examination.   The law is very complex and most issues arise out of the type of treatment being provided.   We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127.Please view our website for more information:http://workerscompfl.net/services/workers-compensationSincerely,Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website:www.workerscompfl.netEmail: lmasnikoff@workerscompfl.netOffices also located in Fort Lauderdale and Orlando.The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

If you were uninjured, you do not have a claim pursuant to Workers' Compensation but you may have a claim against the other driver for the damages to your vehicle.  I would need to know more facts to be able to determine your best course of action.   We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127.Please view our website for more information:http://workerscompfl.net/services/workers-compensationSincerely,Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website:www.workerscompfl.netEmail: lmasnikoff@workerscompfl.netOffices also located in Fort Lauderdale and Orlando.The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

Unfortunately under Florida Workers' Compensation law, if your case is compensable and the carrier is providing medical coverage, they get to pick the medical providers.  There are certain instances when you may have more of a choice of who your  provider is but usually these are pursuant to managed care agreements and the list of providers still comes from the carrier.   There are certain time restrictions in which the carrier has to provide treatment and if those deadlines are missed you have greater options.   The Workers' Compensation law in Florida is very complex and unique, especially when it comes to medical benefits.    We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127.Please view our website for more information:http://workerscompfl.net/services/workers-compensationSincerely,Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website:www.workerscompfl.netEmail: lmasnikoff@workerscompfl.netOffices also located in Fort Lauderdale and Orlando.The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

If you have a treating doctor, then there are generally three ways to switch doctors. First, you can make this request to the workers compensation insurance company. Second, you can ask the current doctor to refer you to a new doctor. Third, you can file a request with the Virginia Workers Compensation Commission but you may need to show by medical proof that the current medical care is inadequate.... Read Answer

Your claim is a worker's compensation claim. You get only medical care and lost wages in this system. If you are MMI, you only get medical care. What limitations did the doctor place on you? Can you do your job if you had accomodations? You need to seek legal advice with your medical records. I would seek that help sooner than later and certainly you need to act before you get fired.... Read Answer

I'm sorry to hear about your injury. Under your work comp claim you are entitled to compensation for any permanent injury to your shoulder. From your question I'm assuming that you received a 7% permanent partial impairment from your authorized treating physician. You have the right to request a second opinion on your rating if you have not already done so. Assuming that the 7% rating stands, under section 97 – 31 your benefits would be calculated as follows: two thirds of your average weekly wage times 240 weeks. That's assuming that you're back at work at the same job at the same pay. If your employer is trying to "clincher" your claim, which is another way of saying relieve them from any further liability for any additional medical costs or other compensation, the number would be subject to negotiation. I hope this information was helpful. If you wish to discuss this further, please feel free to contact me.... Read Answer

Normally Workers Compensation monies are exempt from legal seizure. However, if you deposit the money in a bank account and co-mingle the WC monies with other funds the WC protection may be lost. If you can show the seized money was all WC money, then take Wells Fargo to court to ask for the return of your money.... Read Answer

There are very few attorneys who actually do Federal Worker's Compensation as there are no fee entitlements. The worker must pay for the attorney to handle the claim. There are attorneys in Tampa and Tallahassee and a national attorney office, all of which will handle claims in Ft Lauderdale/Miami.... Read Answer

If you are currently treating through Workers' Compensation and return to work against the doctors orders or in a capacity outside of any restrictions that may have been placed on you, you may risk losing any benefits you are receiving.     We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

You should raise this issue with your workers compensation attorney. If you do not have one, you should get one because if you are scheduling surgery you have a singificant injury.  Click here and here for more information about me. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz. ... Read Answer

You need an attorney who is experienced in the area of Worker's Compensation.  Employers are required to have Worker's Compensation Insurance.  If they fail to have such insurance coverage, there are penalties that can be levied against the employer in favor of the injured employee.... Read Answer

If your injury occurred 18 years ago, it may be too late to claim any WC compensation for this injury. If you did obtain a WC award back then you may still be able to pursue medical benefits under that award. You can call the Virginia Workers Compensation Commission 1-877-664-2566 to check on the status of your case. You can qualify for Social Security if your doctors say this problem makes you "unable" to do "any" work. I base this opinion on 35 years of practice as a WC lawyer. Please check my website at www.virginiadisabilitylawyer.com for more assistance.... Read Answer

If your accident was on 3/11/11, then it may be too late to file a claim if you do not have an award at the Commission for this injury. Normally, you have two years from the date of an accident to file a claim for an injury in Virginia. If you have an award, then you can file a claim for the medical treatment to be paid but you may need a note from the doctor saying the medical treatment in question was necessitated by the 3/11/11 injury. This opinion is based on 35 years of practice as a Virginia Workers' Compensation Lawyer. Also see my website at www.virginiadisabilitylawyer.com.... Read Answer

As a letter carrier for the United States Postal Service you would fall under the Federal Workers' Compensation system.   We handle Florida state specific claims but will be more than happy to get you in touch with an attorney who handles Federal claims.    We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

Workers Compensation could potentially be liable for the shoulder, hip, and wrist injuries.  In order for the Carrier to accept these injuries as compensable, the doctor must opine that the accident is the major contributing cause of these injuries.  When dealing with Workers' Compensation doctors, this can be a bit of a challenge.   The first thing to do would be to make your doctor aware of these injuries and speak to him about your belief that these are also a result of the work place accident and your desire to have an MRI conducted.   You may eventually need what is referred to as an Independent Medical Examination.   If the doctor who conducts the IME opines that the accident is indeed the major contributing cause of your injuries it is certainly a step in the right direction but does not automatically mean that the Carrier is going to accept responsibility.   Proving that the accident is the major contributing cause of ones injuries is one of the most complex issues in Workers' Compensation law.  I would certainly advise the hiring of an attorney for someone in your situation.  It would be extremely hard to give specific advise pertaining to a course of action without seeing your medical records.    We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

We hand Florida state specific claims but would be more than happy to get you in contact with an attorney who handles Federal claims.   We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

Under the Florida Workers' Compensation law there are a few instances when an outside entity can take a portion or all of your settlement.   The most common scenario is to alleviate child support arrearages.    Another example would be a medicare or other type of lien placed on the settlement by an outside entity.   The IRS or student loans should not be able to directly take funds from your settlement.  You should contact the lawyer who assisted you with your settlement to just double check and make sure there are no liens on the money.    We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

Dear Anonymous, Generally, your employer's workers' compensation insurance company is required to pay for any medical treatment necessary to make you better. The insurance company gets to pick the doctor you see, but it must usually then pay for the treatment ordered by the doctor it selected. If the insurance company does not voluntarily pay for the treatment ordered by the authorized doctor, you can seek an order from the North Carolina Industrial Commission requiring the insurance company to pay for the medical treatment. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Dear Anonymous, If you felt a "pop" in your neck after being released by the doctor and returning to work, then you may have a new workers' compensation claim. The settlement of your claim from the February 2013 incident does not cover any new injuries that occur after the date of settlement, including new injuries to the same body part. If you need the assistance of a lawyer, you are always free to choose whatever lawyer you like to represent you. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Under the current law you may be eligible for missed wage benefits.  There are many factors that may determine eligibility.  For instance,  If you were working more than one day prior to the accident and now, due to the injury and/or restrictions that the doctor has placed on you, can only work one day a week opposed to more, you may be eligible for benefits.   To be eligible under this scenario you would need to be making less than 80% of your pre-injury average weekly wage.  Fla. Stat. § 440.15(4)(a).   You may also be eligible for wage benefits if the doctor has placed you on work restrictions and that employer does not have work available within those restrictions.    We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer