Florida Workers Compensation Legal Questions

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

This would be covered by workers' comp if it occurred in California, assuming you were still on the employer's premises. You should make sure your employer actually files a claim with its work comp insurance company. You must talk to a workers' compensation attorney in Florida for the actual answer to your question. Each state has different laws and rules.... Read More

Mr. Caldwell, You must weigh the advantages of choosing long term disability over workers' compensation lost wages. It sounds as if your treating doctor has you on either light or full duty work restrictions. If your workers' compensation benefits are expected to end due to be terminated from your company because of (light/full duty restrictions), you can absolutely fill out the required paperwork for long-term disability; if that options remains open. You cannot collect both wage benefits without the possibility of a setoff. It is very important to contact our office before making this type of a decision. 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.    this matter with an attorney.    ... Read More

Mr. Caldwell, Workers' Compensation will pay for your injury so long as the authorized doctors indicate that you require further treatment. Your current treating physician will dictate what treatment is needed for the foreseeable future. Your case will remain open so long as you see a workers' compensation doctor once a year; to preserve the statute of limitations. 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 More

Pat, You are entitled to a travel reimbursement to and from all authorized Workers' Compensation physician/doctor's appointments. The Workers' Compensation insurance carrier for your employer will send you a check i the mail reimbursing you for the mileage you travel. You have the additional right to request transportation to all of your doctor's appointments. You will receive 66 2/3 of your regular wages if your employer is unable to find you a light duty position.   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.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 More

Mr. Coldwell,   Workers' Compensation law in Florida does not provide for damages for pain and suffering. Florida provides for a no fault system, in which an injured worker need only prove that he/she was injured in the course and scope of employment. A settlement is a business decision by the Employer/Carrier and consists of compensation for future medical treatment/care and future lost wages-past due lost wages. Any excacerbation to an already existing injury is compensable and all such medical treatment will be provided for.     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.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 More

Mr.Kerrigan, You certainly have an injury that is covered by Workers' Compensation law. You are entitled to medical treatment and lost wages for your ruptured achilles. Because you were injured while you were engaged in your job  duties while at the workplace, you would qualify for benefits. in Florida, an injured worker is not required to prove negligence on the part of an employer or co-worker. It is very important that you file a claim by April 23, 2013 to preserve your rights to medical treatment.    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.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 More

Dear Tiffany, Florida does not have a specific law or statute when dealing with overtime employment issues. Florida follows the Federally enacted, Fair Labor Standards Act. Under the Fair Labor Standards Act, employees such as yourself, who work more than 40 hours per work week are entitled to no less than time and one-half of their/your regular rate of pay. It makes no difference whether you work at multiple locations for one employer. Moreover, the Federal FLSA solely takes into account the number of hours you are actually working, rather than the manner in which you are paid. If your employer indicates that overtime hours will not be compensable, fear not, overtime pay cannot be waived. Did your position as a dental assistant require additional schooling, after your senior year in college? There are exemptions to the FLSA which preclude an employee from collecting over time pay such as: professional laborers (Dental hygienists, doctors, dentists).   I would need further information from you including: Did you attend college, if so, for how many years? Did you get a degree in furtherance of your dental assistant job? Were you an administrative assistant and dental assistant? Did you attend special schooling which resulted in a license for dental assistance? These questions will help to decide whether/not you fit within a professional exemption.   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.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 More

I would need to review your medical records to give you a better answer.  However, if your doctors say your physical medical conditions are from your repetitive motions at work then you may be able to bring a workers compensation case.  Once you get past that point, then doctors can say that your mental medical conditions are related to your physical injuries.  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 More

I would always recommend hiring an attorney to protect your rights.  Many times injured workers do not get an attorney and do not realize all the benefits they are entitled to.  Additionally, you can have an attorney, keep your job, and keep your case open for as long as you want.  We see a lot of people who don't have an attorney not follow up properly with the doctors and then when they really need more treatment, it is too late and their case is over.  This could be prevented by speaking and hiring an attorney to prevent your Statute of Limitations from running.  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 More

You need to hire an attorney.  When you do not have an attorney, there is no time frame for the Employer or Carrier to do anything.  When you have an attorney, the attorney files a Petition for Benefits with the court and the time starts ticking for them to do something.  You need to file a claim so they can accept responsibility for your accident, provide you treatment, lost wages, and pay the medical bills.  I have many cases against Miami-Dade County and the Miami-Dade County School Board.  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 More

You are entitled to a change of doctors.  If the FCE says you have restrictions, the doctor would not have much credibility to say you have no restrictions especially since he is the doctor who requested it.  Unfortunately, there are a lot of doctors out there that will help the insurance company every chance they can.  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 More

You likely have a new workers' compensation claim against your new employer.  If your doctor from the first claim released you and you have been working without many problems then you should get medical treatment from the new Employer's workers' comp Carrier.  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 More

It depends.  I would need to actually see the medical records.  However, I would recommend hiring a workers compensation attorney to file a Petition for Benefits with the Court so the workers' compensation Carrier can consider payment.  Depending on your Employer, it is likely the Employer can put pressure to get one of the Carriers (either Health insurance or Workers Comp) to pay.  However, if you do not get an attorney than neither Carrier will do anything.  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 More