Florida Workers Compensation Legal Questions

Workers' Compensation Carriers can stop and start TTD/TPD (lost wage checks) whenever they want.  That does not mean they did it correctly or that a Judge will agree with them.  The Carriers may have to go back and pay the lost wages that should have been paid.  Carriers make mistakes all of the time.  When you do not have an attorney, there is nothing in the law that gives the Carrier a time frame to fix their mistakes.  Usually, injured workers hire an attorney who files a Petition for Benefits with the Court and requests that the checks be re-instated.  Lost wage checks can be stopped if the Employer has a position within your restrictions as given to you by the authorized treating workers comp doctor and they have notified you of this position.  Employers usually send letters to the injured workers so they have proof that the job was actually offered.  If they do not send a letter then it may be up to the Judge to decide if the job was actually offered to the injured worker and whether the injured worker is able to perform the job. There are a lot more factors that the Judge may also consider.  I 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.1401 Forum Way, Suite 503West 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

He can stop the FEC or FCE anytime it is necessary.  However, he wants to make sure he gives full effort or the test results will say he was not trying.  It sounds like it is too early to complete a FEC or FCE.  They are usually not recommended or necessary until the doctor has no more treatment options.  If he needs surgery then he should have surgery and then the doctor will recommend the FEM after he has recovered. Claimant's can always terminate the services of their attorney if they are not happy, however, I would recommend speaking to your attorney before making such a decision. I 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.1401 Forum Way, Suite 503West 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 can file a claim for a repetitive trauma case if your daily activities at work caused your back pain. The hypertension and depression will be much more difficult to prove and must be the direct result of the physical back injury. I 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.1401 Forum Way, Suite 503West 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 need to get an attorney who can get you another doctor. Workers' compensation doctors are supposed to use the Florida Impairment Guides to determine the permanent impairment rating. A herniated disc is usually a 6% rating. If you were given a 0% PIR then I would recommend getting another doctor but get an attorney who knows which doctors are good and which ones are not. I 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.1401 Forum Way, Suite 503West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127 Website: 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

Unless you have continued to follow up with the authorized workers compensation doctor at least once per year, you probably allowed the Statute of Limitations to run. However, there are certain expectations and facts that may allow you to continue your workers compensation case. In most Florida workers compensation claims, injured workers have two (2) years from the date of accident to file a Petition for Benefits. However, this two year limitation can be extended one (1) year everytime an injured worker receives a medical or indemnity benefit from the workers compensation insurance company. Therefore, it is extremely important to see your workers compensation physician or receive some workers compensation benefits every year. I recommend that you see your authorized treating physician at least once every six months. In our office, we diary every case to remind our clients not to miss their Statute of Limitations. Please note that there are several ways to prevent the Statute of Limitations from running out. One option is to file a new Petition for Benefits. If there is a pending Petition for Benefits, then the Statute of Limitations is tolled (stopped). Another option is to get back to your authorized treating physician, get a prescription filled, or receive any other type of benefits which will save your case for another year. If you missed your time period, it is possible that the adjuster or insurance company will not realize it and reauthorize the treatment. Additionally, if a Petition for Benefits is filed, the insurance company must file their initial Response to the Petition for Benefits indicating that the Statute of Limitations has run out. If the insurance company does not file the Response correctly, then the case can be reopened. The Employer and insurance company must notify the injured worker of the Statute of Limitations prior to it running out. Therefore, if the Employer or insurance company did not send the injured worker a letter or brochure advising them of their rights, then the Employer and insurance company will not be allowed to assert this defense. It is not uncommon for injured workers to come to my office five to ten years after their accident and for them to still have a viable claim. If you have questions about whether you can still file a workers compensation claim, please do not hesitate to contact Attorney Lyle B. Masnikoff at 1-877-817-4127. I 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/blog/page/9/   Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1401 Forum Way, Suite 503West 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 would need to get a lot more details in order to give you an answer.  Because your accident is over 10 years old, prior to the law change of October 1, 2003, you are entitled to more benefits than people who have been injured after the law change.  I would need to look at your medical records to calculate the potential exposure the insurance company might have.  I would also need to know your age, how much your wages were at the time of the accident, and what are your medical needs in the future.  I would also be concerned about Social Security Disability and Medicare ramifications.  I 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.1401 Forum Way, Suite 503West 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

In most Florida workers compensation claims, injured workers have two (2) years from the date of accident to file a Petition for Benefits. However, this two year limitation can be extended one (1) year everytime an injured worker receives a medical or indemnity benefit from the workers compensation insurance company. Therefore, it is extremely important to see your workers compensation physician or receive some workers compensation benefits every year. I recommend that you see your authorized treating physician at least once every six months. In our office, we diary every case to remind our clients not to miss their Statute of Limitations. Please note that there are several ways to prevent the Statute of Limitations from running out. One option is to file a new Petition for Benefits. If there is a pending Petition for Benefits, then the Statute of Limitations is tolled (stopped). Another option is to get back to your authorized treating physician, get a prescription filled, or receive any other type of benefits which will save your case for another year. If you missed your time period, it is possible that the adjuster or insurance company will not realize it and reauthorize the treatment. Additionally, if a Petition for Benefits is filled, the insurance company must file their initial Response to the Petition for Benefits indicating that the Statute of Limitations has run out. If the insurance company does not file the Response correctly, then the case can be reopened. The Employer and insurance company must notify the injured worker of the Statute of Limitations prior to it running out. Therefore, if the Employer or insurance company did not send the injured worker a letter or brochure advising them of their rights, then the Employer and insurance company will not be allowed to assert this defense. It is not uncommon for injured workers to come to my office five to ten years after their accident and for them to still have a viable claim. If you have questions about whether you can still file a workers compensation claim, please do not hesitate to contact Attorney Lyle B. Masnikoff at 1-877-817-4127. Please see link: http://workerscompfl.net/how-long-do-i-have-to-file-a-workers-comp-case/ Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1401 Forum Way, Suite 503West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Orlando and Fort Lauderdale. 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