Florida Workers Compensation Legal Questions

Worker's compensation is supposed to be efficient but the reality is that it does not always work that way. You should consult an attorney to see if they can assist you with long term problems. Calls to adjusters are usually the most inefficient way to get anything. written requests are better. If checks are not timely paid interest is due and potentially penalties as well. Hire an attorney to get them to respond appropriately. It, however, will never be an easy non stressful process.... Read Answer

Florida has some specific laws regarding pre-existing problems that are also work related and how they affect your new accident assuming your new accident is covered by workers' compensation.  Your earlier accident where you went to a chiropractor would have to be covered as a work-related accident in order for you to fit under these specific laws.  If the earlier event was never covered under workers' compensation, it can be treated as a pre-existing condition to reduce or completely stop your benefits from your new accident so there are a lot of facts that a lawyer would need in order to answer your question better.... Read Answer

It is unclear as to who you have called four times.  Do you know who your employer's workers' compensation insurance carrier is?  An attorney who specializes in workers' compensation can probably find out for you if you do not know.  If you have been off work for more than seven days as a result of your workers' compensation injuries, you should be receiving workers' compensation disability checks.  You do not get paid for the first seven days off unless your disability exceeds more than 21 days.  Once your disability exceeds 21 days, you get paid for the first seven days.... Read Answer

I am assuming that your workers' compensation claim is covered by the Florida Workers' Compensation Law.  If you were injured in another state, it may not be even though you now live in Florida.  The Florida Workers' Compensation Law provides for certain type of disability compensation payments when the claimant (injured worker) is either off all work by a workers' compensation doctor or given physical restrictions that are such that the employer cannot accommodate him or there is work available within his physical restrictions but on a weekly basis, the work available does not pay at least 80% of the average the claimant was earning before the accident.  So therefore, at this stage to receive workers' compensation disability benefits per Florida law, you must either be off all work by your workers' compensation doctor or on limited duty and not earning as much as 80% of your gross weekly average before your accident.  There is a lot more information and examples about the formula as to how you calculate your workers' compensation rates and how long workers' compensation disability benefits last on my website at www.palsolaw.com.... Read Answer

I assume from the facts given that your accident happened in Florida and therefore is governed by Florida workers' compensation laws.  Under Florida law, you generally cannot recover payments made for out-of-pocket medical expenses related to a work injury unless the medical treatment was a true emergency.  You should have contacted your employer or its workers' compensation insurance carrier when you determined that the hernia was work related and asked that it be covered under workers' compensation medical.  By going out on your own and using your private insurance to pay for the surgery and then paying on your own for the medications without first seeking approval from the workers' compensation insurance carrier, you unfortunately likely forfeited your right to be reimbursed for these expenses.... Read Answer

When it comes to settling a Workers' Compensation claim, it is a unique process and very different from sexual discrimination, motor vehicle accidents, slip and falls, etc...    Unfortunately, the difference is that pain and suffering, loss of consortium, or how the accident changed your life, are not considered like they would be in the above mentioned types of cases.   That being said,  It seems as though the numbers mentioned in your question relate to being Permanently and totally disabled.   These are unique and complex situations as Am sure you are coming to realize.    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

Good morning,   Please feel free to contact us and we would be more than happy to get you in touch with an attorney that practices Federal Workers' 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

Permanent Impairment Ratings can work a couple of different ways.   Typically, a doctor will place the patient at Maximum Medical Improvement and assign a Permanent Impairment Rating.  The percentage of the Permanent Impairment Rating means that the doctor has opined that you will have a permanent "total body" impairment of X% as a result of your injury.   In a situation such as yours, the doctor may do a couple things.   She may attack each body part individually and assign a PIR per injury, or she may place you at MMI and assign a PIR taking into account all injuries.     The higher the Permanent Impairment Rating, or percentage of total body disability, the greater the number of weeks that you are eligible to receive Income Impairment Benefits.   For example,  an Permanent Impairment Rating of 1-10% would entitle you to two weeks of Income Impairment Benefits per percentage point.  The number of weeks would increase at various intervals for anything above 10%. 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 practice in Florida specific workers comp claims but there are a couple of attornies who handle Federal claims.  Please give us a call and we would be more than happy to get you in touch with one.     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

You may still be eligible for workers compensation wage benefits during your recovery time subsequent to surgery, whether it is six months or longer.  The amount may depend on the work status and restrictions the doctor gives you.  For example,  if you are out of work completely while in recovery then you will be eligible for Temporary Total Disability benefits which would be 66 and 2/3 of your average weekly wage.  Since your accident was in 2014 this amount would be capped at $827.00 per week.   If the doctor puts on a light duty work status with restrictions you may be eligible for Temporary Partial Disability benefits, which would be calculated using a different formula based on whether or not you are making 80% of your pre-injury average weekly wage.    Both of these types of benefits are capped at 104 weeks of eligibility so you should not run into a problem in that regard.   If you are eligible to receive either of these benefits the carrier would typically pay every two weeks.   A couple of the most common problems we deal with is regarding missed wage benefits.   It is extremely important to make sure that the carrier is both calculating the amount of the benefit correctly and paying timely.  When a injured worker is out of work, he or she relies on these benefits for their livelihood and to often there are problems with the the amount or the time frame of payment.  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

You certainly may file a claim after being terminated or leaving employment for any other reason.   There are a couple of notice and Statute of Limitations issues that you should be aware of.   Under Florida law and injured employee has thirty days to notify their employer of an injury arising out of an accident at work.    In addition to the notice requirement, a claim must be brought within two years or be forever barred by the statute of limitations.   There are many instances where the notice requirement may be waived such as the employer having actual knowledge of the accident and injury.   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

Your wife's claim if governed  under Federal Workers' Compensation laws.   We practice solely Florida state specific claims.   There are a couple attorneys who handle federal claims and we would be more than happy to get into contact with one.    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

Unfortunately your question is not a Workers Compensation question.  You would be better served talking to an attorney who practicess business law.  If you cannot find one, please feel free to contact us as we will get you a name of someone who may be able to help.   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

While this is not a type of law we normally handle, we have attorneys we could refer you to who practice employment law and may be able to help.     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

The short answer is that it is completely up to you.   If you exempt yourself and are injured on the job, you will be responsible for your own medical care either through your private health insurance or out of pocket.   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

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

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

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

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

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