Here are 10 signs you need a workers comp attorney on your case. Your employer or insurance carrier denies it happened at work – This is often the case when a slight injury happens at work and goes unreported. That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.
You see, a visit with an insurance company-appointed doctor is an essential part of the claims process in any worker's compensation case. If an employer has an injured employee on their hands, then the insurance company will want to do everything they can to prove the extent of the injury and make every effort to minimize their liability.
A lawyer can structure your settlement to minimize or eliminate the offset. Your employer retaliates against you – If you are fired, demoted, have your hours cut or are pressured to return to work too soon, a lawyer can argue the penalties are unwarranted.
Workers' comp doctors work for the insurance company Remember, the doctor's objective for your IME is to check on your work status and determine when you can go back to work. The workers' comp doctor is, after all, an extension of the insurance company, which is why they must manage each workers' comp case carefully to limit their liability.
The data suggests that when a victim of a workplace injury accident pursues compensation without the help of a lawyer they secure, on average, $10,700. However, when they have the aid of an experienced Florida workers' compensation lawyer, they walk away with, on average, $23,500.
Most Florida workers' compensation cases settle in 1.5 years. About 20 percent of cases settle in less than six months.
Many people are under the assumption that they cannot be fired while they are on workers' compensation. Unfortunately, this is not the case. Florida is an “at-will” state, meaning any employer can fire any employee at any time and for just about any reason.
about 16 monthsWorkers Compensation cases can sometimes settle shortly after an injury (within a few weeks or a couple of months), or they can take years. The average workers' compensation case will be resolved within about 16 months. A resolution may result in a settlement agreement or a hearing with a judge.
The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation. You have not reached maximum medical improvement from your injuries (this will be explained below)
104 weeksFlorida workers' compensation law allows an injured worker to receive up to a maximum of 104 weeks of temporary compensation. The employee must remain on a "no work" status—or under limitations which an employer cannot accommodate—in order for benefits to be claimed for the week. Medical benefits.
Florida's Workers' Compensation Laws don't require an employer to “hold” a worker's job while he or she recovers from a workplace injury. However, these laws do prohibit an employer from terminating an injured worker if the action is retaliation for filing the workers' compensation claim.
Repayment of Workers' Compensation Benefits While you are completing your income tax return, deduct the same amount of your benefit (shown in box 10) on line 25000. This deduction allows your workers' compensation benefits to be deducted from your income. This ensures that you are not taxed on both amounts.
Since settling a Florida workers' compensation case means the employee is giving up all rights to future medical care from the insurer, many workers are required to resign their current positions as part of the settlement. This mandate varies depending on the insurer's and employer's policies.
A structured settlement can be paid out as a single lump sum or through a series of payments. Structured settlement contracts specify start and end dates, payment frequency, distribution amounts and death benefits.
The average settlement negotiation takes one to three months once all relevant variables are presented. However, some settlements can take much longer to resolve. By partnering with skilled legal counsel, you can speed up the negotiation process and secure compensation faster.
How long will it take to receive my compensation after accepting an offer? After your claim has settled you should receive your compensation between 14 – 21 days. This depends on if your claim was settled in or out of court.
If you visit your private doctor and say you were injured at work, most will refuse to treat you. These doctors know that the insurance company will deny the claim, which means the doctor won’t get paid.
In an emergency, you should see a doctor first. But if not, seek the advice of an experienced workers’ comp lawyer near you to learn Florida’s workers’ comp requirements and what options are available for you.
If you’re concerned about the kind of treatment you’re getting after a workplace injury or occupational illness in Florida, you need to speak to a dedicated attorney. An attorney will help you protect your rights and help you get the benefits you deserve.
The insurance company will choose the replacement unless it hasn’t assigned you to a new doctor within five days after your written request. If you’re getting treatment from a managed care network, you may select a new in-network provider.
If you’re having trouble getting the medical care you need, it would be a good idea to speak a lawyer who can help you navigate the system and protect your right to appropriate treatment. An experienced workers’ comp attorney might also be able to recommend a good physician to conduct an IME.
the insurer doesn't send you to a doctor within a reasonable time after you’ve requested it in writing.
As with all other medical care for your work injury, your treating doctor must get authorization from the insurance company before referring you to a specialist (like an orthopedic surgeon or chronic pain doctor), a diagnostic facility, or a physical therapy center. It will be assumed that the referral is authorized if the insurer doesn’t respond to the doctor’s request within a certain period of time.
Reporting regulations and deadlines vary from state to state, but it should typically take no longer than 30 days to complete this process.
A lawyer will file the paperwork on time, build your case, negotiate with the insurance company and draft a settlement, if one is agreed on. If it’s not, you’re headed for a hearing.
If the insurance company doesn’t agree with the rating, it can require you to get an independent medical exam (IME) by a doctor of its choosing. Chances are that doctor will give you a lower rating than what you (and your sore neck) feel you deserve. A lawyer can help convince a judge you are entitled to a higher rating.
That injury is aggravated further at work, suddenly becomes serious and the employer/carrier says the original injury didn’t occur at work.
An attorney not only will prepare your argument, he or she will prepare you to say the right things in testimony. They also will cross-examine the insurance company’s witnesses. That job should not be left up to amateurs. Unlike civil cases, workers compensation law has a safety net of sort.
Unless you’re an attorney or enjoy reading workers compensation manuals in your spare time, probably not. Handling a case on your own is usually a bad idea, especially since the insurance company will be represented by someone who’s probably handled hundreds of cases.
If you have a third-party claim – You can go outside the workers comp system and file a workers comp lawsuit if someone other than your employer contributed to your injury. For instance, if a negligent driver hits you while you are driving for work, you can sue that person for damages.
Do not exaggerate your symptoms, including pain or functionality. Avoid delaying medical treatment; delays often only make your condition worse and decrease your chances of a full recovery. Do not stop treatment before you are fully recovered.
Remember that your ultimate goal is to get back to work after your workplace accident as fully functional as possible. Being honest with your treating doctor and ensuring you get the right medical care will help you with that goal.
Honesty is the most important part of all interactions with your worker’s compensation doctor. Hiding details or lying about the injuries may seem like it’ll help your case, but it usually hurts you. Physicians who complete the exams and insurance companies are trained to spot the inconsistencies in your stories.
What Not to Say to Workers’ Comp Doctor. It’s important that you know what not to say to workers’ comp doctor staff to protect your claim. Lying and negativity are two of the major mistakes that you can make when interacting with the doctor.
When you have a worker’s compensation claim, you may need to undergo an independent medical exam (IME). This exam is separate from the treatment you receive from your own doctor for the injuries. The doctor who conducts your IME is an expert on worker’s compensation cases and injuries.
Your employer’s insurance company may request the exam to make sure the injuries qualify for worker’s compensation. The insurance company may choose the doctor you see for the IME. The exam may be used to decide if the medical treatment your doctor recommends is necessary.
Family doctors represent the largest portion of workers’ compensation providers, at 20.3%, followed by orthopedic surgeons at 17%. Even if you do not use your primary physician, they are still a good starting point, as they can typically recommend workers’ comp doctors in your area.
Sometimes after a workplace injury, you feel resentment toward your employer. That’s especially true if the working conditions were unsafe or if the company failed to give you the proper safety gear.
As a trained medical professional, a worker’s compensation doctor can often spot exaggerated claims. The physician will perform various tests and exams to diagnose and verify your complaints. The doctor may check for your reactions to pain and may be able to tell if you’re faking a painful reaction.
The doctor's evaluation will decide on any physical work restrictions, recommendations for time off work, or perhaps returning to work on light duty (work that can be completed without interfering with your injury).
If they discover that you haven't told the full story, or have withheld vital details, this discrepancy may jeopardize your claim's chance of success.
Yes, you want to make sure your symptoms don't go unnoticed by your doctor. But at the same measure, workers' comp doctors are usually well-trained to spot exaggerated claims and false displays of suffering.
That way, the workers' compensation insurance company will have a better understanding of the cause, the extent, and restrictions of your injuries and be able to make a final decision on your compensation claim.