1. Lawyers for workers compensation have the answers you need.Can my employer fire me if I am out and receiving workers’ compensation benefits?
Yes. You should not be fired in retaliation for filing a workers’ compensation claim. However, the workers’ compensation law does not require your employer to hold your position for you until you can return to work.
2. Must I be released to full duty before I can return to work?
No. Your doctor may release you for modified or light duty work before you have reached maximum medical improvement (MMI).
3. Is my employer required to have workers’ compensation insurance?
Employers with four or more employees, part-time or full-time, are required to have workers’ compensation coverage. An employer in the construction industry with one or more employees is required to have insurance.
4. Where does my workers’ compensation benefit check come from?
It comes from your employer’s workers’ compensation insurance company (the carrier) or from your employer if the company does not have insurance.
5. Are workers’ compensation benefits taxable?
6. When will I get my first check?
The earliest date you can expect your first check is within three weeks of your injury. This can only happen if you reported your injury to your employer immediately. The carrier is required to send a check within fourteen days after learning you will be disabled for more than a week.
7. Do I have to pay any of the medical costs?
Your employer or its workers’ compensation insurance company must pay for all approved and medically necessary care. If you are injured on or after January 1, 1994, you are required to pay a $10.00 co-payment per visit for medical treatment after you reach maximum medical improvement (MMI).
8. How are the doctors and other health care providers paid?
All authorized health care providers must bill your workers’ compensation insurance company directly. If you receive a bill, mail it to the insurance company or to your lawyer. Do not pay it yourself.
9. Can I choose my own doctor?
No. Your employer or its workers’ compensation insurance carrier can choose the doctor to treat you. If you are unhappy with the doctor chosen by the carrier or want to request a second opinion, we must ask the carrier to provide you with another. As a general rule, you cannot go to a doctor the insurance company has not approved. If you go to your own doctor, you will probably end up responsible for payment of the bills.
10. When is an impairment rating assigned?
When you reach maximum medical improvement (MMI), your treating doctor must give you an impairment rating if you have a permanent loss of function of a part of your body. When that date is approaching, it is important that you let our office know.
11. Am I entitled to a lump-sum settlement of my case?
A lump-sum settlement is allowed but is not mandatory. Any negotiations are strictly voluntary between the injured worker and the insurance company. A judge cannot force the insurance company to settle your case.
The United States workforce includes more than 105 million people. Every year, more than 6 million of these workers get injured and 6,023 more lose their lives on the job, according to the National Safety Council. The estimated cost is in the billions of dollars.
More than 245,000 injuries and illnesses were reported by Florida employers in 2002, according to a joint federal and state survey. Industries involving wholesale, retail trade and services experienced the greatest number of incidents, with 32 percent of the total reported cases. Construction and manufacturing industries together ranked second with 10 percent each of the total cases.
Workers in the agriculture, farming and fishing industries had the highest incidence rate, with 7.4 injuries and illnesses reported per 100 workers. The industries with the lowest incidence rate was finance, insurance and real estate.
Employers are required to provide a reasonably safe workplace. This includes safe equipment, proper training, posting of warnings, and compliance with safety regulations
Among the most common causes of serious work injuries are accidents involving falling objects, workers falling from elevated equipment or structures, highway accidents and those involving cars, trucks, forklifts, factory machinery and other devices. Other causes include electrocution and carbon monoxide poisoning. Our accident attorneys help employees with claims and lawsuits, including those whose injuries involve:
* Slips and falls at work
* Repetitive stress, back strain and other ergonomically based injuries
* Construction site injuries
* Equipment malfunction
* Motor vehicle accidents
* Lifting injuries and needle sticks in hospital or nursing home jobs
* Injuries traveling to work
Many times a workplace injury is the result of the negligence of someone unconnected with the employer. In those types of cases, a separate civil suit can be brought against that person for both economic and non-economic damages. This is called a third-party action. Your employer cannot be subject to a civil suit — anything with the employer must be handled through the workers compensation process.
If you successfully recover damages for someone besides your employer, however, your employer’s insurance company may seek reimbursement for the sums expended on your behalf for disability payments and medical care. This is called a lien.
The employer’s insurance company has to reduce their request for reimbursement to reflect the employer’s fault. They may also get a credit against future payments for medical care, requiring you to first expend all of the monies you recovered in the third party suit, before they pay any additional medical bills.
The amount of compensation paid to an employee depends upon the classification of his or her disability:
* Permanent total disability: 66 2/3 percent of the employee’s average weekly wage
* Temporary total disability: 66 2/3 percent of the employee’s average weekly wage, up to 104 weeks
* Permanent impairment benefits: 75 percent of the employee’s average weekly temporary total disability; impairment benefits are reduced by 50 percent for each week the employee earns income equal to or more than his or her average weekly wage
* Temporary partial disability: 80 percent of the difference between 80 percent of the employee’s average weekly wage and the wage the employee is able to earn after being injured, up to 66 2/3 percent of the employee’s average weekly wage at the time of the accident
If you or someone you know was seriously hurt on the job, you may want to contact a workplace injury lawyer for a free evaluation of your case.
We have Florida Auto Accident Attorneys ready to help you in the following Florida cities:, Altamonte Springs, Apopka, Aventura, Belle Glade, Belleview, Boca Raton, Bonita Springs, Boynton Beach, Bradenton, Brandon, Cape Coral, Carrollwood, Casselberry, Citrus Park, Clearwater, Clermont, Coconut Creek, Coral Gables, Coral Springs, Crestview, Cutler Bay, Dania Beach, Davie, Daytona Beach, Deerfield Beach, DeLand, Delray Beach, Deltona, Doral, Dunedin, Edgewater, Esterno, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Greenacres, Haines City, Hallandale Beach, Hialeah, Hollywood, Homestead, Immokalee, Jacksonville, Jacksonville Beach, Jupiter, Kendall, Key West, Kissimmee, Lakeland, Lake Worth, Largo, Lauderdale Lakes, Lauderhill, Leesburg, Lehigh Acres, Leisure City, Margate, Melbourne, Merritt Island, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miramar, Naples, Navarre, New Smyrna Beach, North Lauderdale, North Miami, North Miami Beach, North Port, Oakland Park, Ocala, Ocoee, Orlando, Ormond Beach, Oviedo, Pace, Palm Bay, Palm Beach Gardens, Palm City, Palmetto Bay (Cutler), Panama City, Parkland, Pembroke Pines, Pensacola, Plantation, Plant City, Pompano Beach, Port Charlotte, Port Orange, Port Saint Lucie, Riverview, Riviera Beach, Rockledge, Royal Palm Beach, St. Cloud, St. Petersburg, Sanford, Sarasota, Sebastian, South Miami, Spring Hill, Starke, Sunny Isles Beach, Sunrise, Tallahassee, Tamarac, Tamiami, Tampa, Tarpon Springs, Temple Terrace, Titusville, Treasure Island, The Villages, Town 'n Country, Venice, Vero Beach, Valrico, Wellington, Wesley Chapel, Weston, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, Winter Park, Winter Springs
We have Florida Auto Accident Attorneys ready to help you in the following counties:, Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, Washington
We also haveAuto Accident attorneys in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan GA, Riverdale GA, Snellville GA, Conyers GA, Covington GA, McDonough GA, Hampton GA, Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta GA, Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA.
We have Tennessee Attorneys ready to help you in the following cities and counties:, Memphis, Nashville, Knoxville, Chattanooga, Clarksville, Murfreesboro, Jackson, Johnson City, Franklin, Bartlett, Hendersonville, Shelby County, Davidson County, Knox County, Hamilton County, Rutherford County, Williamson County, Sullivan County, Sumner County.
We have North Carolina Attorneys ready to help you in the following cities and counties:, Charlotte, Raleigh, Greensboro, Winston-Salem, Durham, Fayetteville, Cary, Wilmington, Alamance County, Buncombe County, Cabarrus County, Cumberland County, Forsyth County, Gaston County, Guilford County, Mecklenburg County, Wake County.
We have South Carolina Attorneys ready to help you in the following cities and counties:, Columbia, Charleston, North Charleston, Mount Pleasant, Aiken County, Anderson County, Greenville County, Horry County, Lexington County, Richland County.
We have Colorado Attorneys ready to help you in the following cities and counties:, Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Adams County, Arapahoe County, Boulder County, Denver County, El Paso County, Jefferson County, Larimer County, Weld County.
We have Michigan Attorneys ready to help you in the following cities and counties:, Detroit, Grand Rapids, Warren, Sterling Heights, Lansing, Ann Arbor, Wayne County, Kent County, Macomb County, Eaton & Ingham County, Washtenaw County, Genesee County.
We have New York Attorneys ready to help you in the following cities and counties:, New York City, Buffalo, Erie County, Bronx County, Kings County, Queens County, Richmond County, Rochester, Monroe County, Yonkers, Westchester County.
We have New Jersey Attorneys ready to help you in the following cities and counties:, Hackensack, Bergen County, Burlington County, Mount Holly Township, Camden, Camden County, Newark, Essex County, Jersey City, Hudson County, New Brunswick, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Union County.