12 Aug

How Insurance Companies Deny Temporary Wage Benefits


Defense counsel routinely uses a number of defenses in order to deny paying temporary benefits to injured workers. These defenses assume your client has already met the threshold requirements for either Temporary Partial Disability (TPD) or Temporary Total Disability (TTD) i.e., restrictions from an authorized treating physician and not at Maximum Medical Improvement (MMI).

There are rare occasions when an injured worker is entitled to TTD but not receiving it while actively employed with the Employer and the Carrier has not asserted an affirmative defense to payment of TTD.

30 Mar

Can I Sue My Employer for Getting Hurt on the Job?


This question has been asked by countless employees who have been injured on the job and believe it was caused by their employer’s negligence. Outside of an employment situation, like a car accident, slip and fall, or medical injury, negligence can be a reason that the injured party seeks damages against the responsible person in court. Therefore, most people think the same rights exist when someone is injured at work and their employer was negligent. However, that is not the case. 

28 Jan

What Lost Wages Are Potentially Available to Injured Workers?


Injured workers in Florida are entitled to two different categories of lost wages: medical and indemnity. Strictly speaking, “lost wages” most often refers to indemnity benefits. These money benefits are provided to injured workers when they are no longer working due to their injury. 

01 Dec

Why Does It Take So Long to Receive My Check After Settling My Case?


While your legal case may be settled, your settlement check often must travel through an extensive process before it is in your hands. The release of the check only occurs after your lawyer has verified possible liens, outstanding paperwork, and health insurance. Every case is different and depends on the type of case, whether personal injury or workers’ compensation.

09 Oct

What to Know About Product Liability Law


When a product fails and causes injury, it’s likely that the people involved in manufacturing the product can be held liable for their part in the breakdown. Product liability attaches liability to the manufacturer, seller, and distributor. In some cases, the suppliers and retailers can be held responsible for product failure.

While product liability is very broad, generally the law is limited to products that are considered a tangible personal property.

01 Sep

How Do I Hire a Lawyer When I Can’t See Them in Person?


The COVID-19 pandemic has created a global shift in how everyday workers conduct business, including lawyers. From typical office workers to teachers, operating remotely to limit person-to-person contact has become an everyday reality. 

20 Aug

If I Hire an Attorney for Workers’ Compensation, Will I Get Fired?


Workers are often concerned about getting fired because they consulted or hired a lawyer to handle their worker’s compensation claim or personal injury claim. A smart employer will not fire you. Firstly, it is illegal for an employer to fire you for filing a claim or working with an attorney; secondly, termination will not affect your ability to receive worker’s compensation. This is considered wrongful termination and retaliation.

23 Jul

What Do I Do if I Finished Medical Treatment for My Work Injury but My Employer Fired Me?


One of the most perplexing aspects of the Florida Workers’ Compensation law is the lack of resources or solutions for workers when they have a career-altering injury. When an injured worker has completed their medical treatment but is still physically unable to return to their employment before the injury, the system has very little options for that worker. 

04 Jun

Why Can’t I Choose My Own Doctor?


The workers’ compensation community accepts and expects that injured workers in the state of Florida do not get to choose which doctors will treat them for their on-the-job injuries. However, when someone gets injured on the job, they are often frustrated by their lack of choice over who is going to treat them for their injuries.