Workers Compensation Legal Questions

Unfortunately, before the workers compensation insurance carrier may be responsible for any lost wage benefits as a result of your work injury, you must miss at least seven days of work.  Fla. Stat. § 440.12(1).   However, each case is unique and depending on any restrictions the doctor has placed on you, and whether or not your employer truly has work within those restrictions, you may be eligible for compensation.   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 current workers compensation law, if your employer does not have available work within your restrictions, you may be eligible for Temporary Partial Disability benefits.  Fla. Stat. § 440.15(4)(d).   These benefits typically equal about two thirds of your pre-injury average weekly wage.   You may have some employment law issues as well.   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

Even with preexisting injuries to your back, you may  be eligible for workers compensation benefits as a result of your work place accident.   In order for your injuries to be compensable through workers compensation, you must show that the accident is the major contributing cause of the injury or aggravation.  Fla. Stat. § 440.09(1)(b).  In order for the work accident to be the major contributing cause of the injury, it must be more than 50% responsible for the injury verses all other causes.  Id.  In short, if your work accident is more than 50% responsible for your injuries, your case should be compensable.  The Employer/Carrier may have a right to apportionment, which could entail some complex issues.   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

I have practiced Virginia Workers Compensation law for 35 years. You indicate you have injured this knee twice at work and now once playing golf. You need to discuss with your doctor whether this is a continuation of your earlier work injury or a new off the job golf injury. If it is totally due to the golf injury then you have no claim for workers compensation and you need to have it taken care of under your health insurance. If it is a continuation of your earlier workers compensation claim then you need to speak to a workers compensation lawyer. There may be time limits that affect your claim.... Read Answer

The quick answer is, it depends.  Usually commuting injuries are not covered, but there are exceptions.  If you drive to the same fixed work site everyday, you are probably excluded.   However, if you are a traveling employee going to different job sites, on a special mission for your employer (ie being called in to deal with an emergency) or using a company vehicle, it is worth exploring this further as you may be able to make a claim.  These cases are very fact-specific, and the caselaw is continually evolving.  Just this week the Commonwealth Court issued published opinions on corse and scope cases.  ... Read Answer

  When a compensable injury renders an employee unable to work, compensation for lost wages is paid starting on the eighth day.  However, if the employee is still disabled, on the twenty-second day after the injury, the employee will receive compensation for the first seven days that you were off.  Your employer must pay you these Temporary Total Disability Benefits ("TTD").  TTD amounts to two-thirds of your average weekly wage at the time of your injury.  The maximum amount of time that you can receive TTD benefits is 500 weeks.  If your employer's doctor is telling you that you have reached maximum medical improvement ("MMI"), and you are cleared to go back to work, you can seek the opinion of a doctor of your own choosing to confirm whether you are healthy enough to return to work.... Read Answer

If you have a Virginia Workers Compensation denial by a Deputy Commissioner, you have 30 days to file an appeal of that decision specifying your reasons for disagreeing with the Deputy Commissioner decision. Your appeal has to be filed in writing with the Clerk of the Virginia Workers Compensation Commission.... Read Answer

Under Florida law, a claim or petition for benefits is forever barred unless it is filed within two years of either the date of injury or  if one year has passed since the last payment of compensation or medical treatment was received.  Fla. Stat. § 440.19(1)(a)-(c).   Assuming your treatment was through workers' compensation, the statute of limitations would be one year from the date of your last treatment.  Fla. Stat. § 440.19(2).    In addition to the above, if you were represented by an attorney and he or she reserved on fees and costs, the statute will be tolled or suspended until his fees and costs were resolved.    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

I am sorry to hear that you have been given the run around by the workers compensation carrier.  This happens too often to hard working people who were injuried at work and need necessary medical treatment.  With a spine injury that has required surgery, I believe you have a very strong workers compensation claim.  With a potential permanent impairment, you may be entitled to significant compensation for any permanent condition and lifetime medical treatment.  I believe it is very important to hire an experienced attorney, especially with an injury to the spine because the laws can be very complex for this type of injury.  I would be happy to give you a free case evaluation.  Please feel free to contact my office at (803) 350-9230.  I look forward to helping you get all the compensation and benefits under workers compensation that you deserve. Robert F. Goings, Attorney Goings Law Firm, LLC (803) 350-9230... Read Answer

You should consult an attorney about your rights. You may have to file a claim with the Virginia Workers' Compensation Commission if the insurer drags her heels about paying you and giving you approval for medical expenses. Most attorneys will at least give you a free consultation about your case. I have 35 years handling workers' compensation cases in Virginia.  I have the highest rating by Martindale Hubbell and AVVO for legal services. ... Read Answer

If an idividual has a compensable work injury, and that compensable event leads to another injury, the second injury is usually held to be compensable as well.  This is called a superadded injury.  A heart attack on the job is often held to be a compensable injury.  If the heart attack is compensable, then a second injury caused by the heart attack would constitute a superadded injury and would also be compensable. To pursue a workers compensation claim, the injury must be promptly reported to a supervisor.  There are strict time limits for filing a claim.  If you or a loved one has suffered a work-related injury, get advice from a qualified, experienced attorney right away.  Delay can make it much more difficult to get compensation.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.... Read Answer

For any injury on the job, the most employers have a drug testing policy. If you refuse to be tested, the employer can terminate you. This is the case even though you may not be claiming it as a work injury. Since there is that possibility, I think the employer can require that you be tested. Unless you are a Union employee, the employer can terminate you for a reason or for no reason as long as he is not dscrminnating against you due to sex, race, religion, etc. ... Read Answer

Generally an injured worker has thirty days to report an injury arising out of and in the course of employment to his or her employer.  Fla. Stat. § 440.185(1).  The following is not an exhaustive list but some examples of when the thirty day time period for reporting is waived: the employer or employers agent has actual knowledge of the injury,  the cause of the injury could not have been determined prior to medical treatment, or the employer did not put its employees on notice of the requirements of this section.  Id. § 440.185(1)(a), (b), (c).  Once the injury is reported or meets one of the reporting exceptions, the injured worker has two years from the date he or she knew or should have known that the injury arose out of work performed in the course and scope of employment to file a petition for benefits. Fla. Stat. § 440.19(1). 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

Just as there is no requirement that you settle your Workers' Compensation claim, there likewise is no requirement that the employer/carrier settle.  Theoretically a case could last for the rest of your life and a Judge of Compensation Claims can never force either side to settle.   This, however, is seldom the case.  Most claims end up settling at some point or another.  There are a couple complex issues and factors that go into first deciding whether or not settlement is a viable option and secondly, and more importantly, what an appropriate amount should be.   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 will definitely want to hire a lawyer if things are starting to get denied.  While ombudsman are available, they are typically customer service reps that don't have the professional knowledge and experience to handle a case like a lawyer will.  You can read my article on why it's not best to use an ombudsman for a texas workers' compensation case. In San Antonio, I would contact John Davis at 210-732-1062 or Alan Tysinger at 210-446-0743 for help.   Matt Lewis www.dallasworkcomp.com... Read Answer

Dear Sir: Even though your employer forced you to use a worn-out ladder that caused your injuries, you cannot "sue" him for your injuries. Your remedy is Workers Compensation Insurance which your employer is obligated to provide in Virginia. You indicated you fell 30 feet and have several injuries. You indictate you have lost work skills due to this injury. You did not say whether you lost your job. If you did so, you can file for lost time. You can recover up to 500 weeks of compensation or partial compensation (if you cannot do your former job) as well as lifetime medical coverage for your injuries.  I don't understand what you mean when you say workers compensation say they are no longer responsible. This is only true if the doctors have said you have recovered 100% and have no work restrictions due to your accident or if you have "settled" your case and surrendered all your future rights in the case. I base this on 35 years of workers compensation. See virginiadisabilitylawyer.com.... Read Answer

Not necessarily (although it is always a good idea). If the case is not contested and everything is smooth with the insurance company you may not. However, insurance companies may not tell you about all benefits you are entitle to. Also, as you are retiring your case may have a settlement value that is best negotiated by a knowledgeable WC lawyer. Tony 860-919-5810 ... Read Answer

As a general rule you are unable to care workers compensation law to sue a co-employee for negligence. There are very limited exceptions to this rule that deal with intentional torts. If the individual who struck you is not a co-employee, you can bring a separate third party claim against him and the company for negligence. If you are covered under workers compensation and receiving benefits under workers compensation, your employer has a right to be reimbursed out of any third-party recovery for the money they have spent on your medical bills and any lost wages.... Read Answer

If the overpayment is not repaid in full before you claim future benefits, a deduction (offset) will be made from those future benefits. The VEC also will use other methods to collect the money owed, including collection agencies, the Credit Bureau, wage garnishment, attachment of bank accounts, seizing of income tax refunds, and levy and sale of personal property.  The costs of collection, including administrative costs, attorney’s fees, late penalty, and interest can also be charged to you.... Read Answer

It is not uncommon for vocational rehabiliation to only concern itself with the work restrictions specified by the treating doctor. If you have work restrictions (due to stress and anxiety), you would have to bring them to the doctor's attention and the doctor would have to incorporate them as part of your work restrictions. The vocational counselor will only follow the work restrictions set by the doctor. Also, the problems you specified (stress and anxiety) are difficult to measure so that may be why the doctor left them out of your work restrictions. ... Read Answer

In Virginia if you have an accident on the job and the claim is denied by your employer, your remedy is to file a claim with the Virginia Workers' Compensation Commission. That Number is 1-877-664-2566.  After you file a claim, the Commission will set a date for a hearing in front of a hearing commissioner. It then will be your word against your employer as to whether or not you were/were not injured on the job. It would be wise to consult with an attorney about this matter. You have two (2) years from the date of your accident to file this Claim for Benefits with the Commission.  You can only "sue" your employer for the injury if the employer does not have workers' compensation insurance. ... Read Answer

At this firm, the fees would only be based on an amount received in excess of what has already been offered.  So, the fees would not be based on $70,000.  I would strongly urge that you retain an attorney before entering into any workers compensation settlement in order to potentially maximize your recovery.    Robert F Goings, Esq Goings Law Firm 803-350-9230... Read Answer