Orlando Workers Compensation Attorney - Orlando Florida Lawyer For Workers Comp

If You Are Injured on the Job in Florida

The most common question I get in workers' compensation cases is, "What am I entitled to get if I am injured on the job?" First, that greatly depends on your date of accident. In general, however, you are entitled to medically necessary and related treatment. You also may be entitled to lost wages.

Your date of accident will greatly impact what medical benefits you are entitled to receive. In general, however, you are entitled to medically necessary and related treatment. This includes specialists, diagnostic studies, and treatments. In fact, if you are injured on the job in Florida, you are entitled to medical benefits for the rest of your life within certain limitations as it relates to your original accident. If you do not like your doctor, you have the right to see another doctor. Even if your orthopedic surgeon(s) or other specialist feels you do not need further specialized care, you may still be entitled see additional physicians. Your date of accident will dictate how many physicians you may be able see.

Lost Wages

You are also entitled to receive lost wages under certain circumstances. If your doctor has you completely off of work, you are temporary totally disabled. As such you are elgible for TTD benefits. This equates to 66 2/3's your Average Weekly Wage (AWW), subject to a maximum compensation rate set by the legislature. Your "AWW" is essentially your gross earnings from all employment 13 weeks before the industrial accident, provided that income was subject to workers' compensation benefits. If you did not work "substantially a whole of the 13 weeks before the accident," then your AWW is usually at issue. There is a good chance, even if your are receiving indemnity checks from the Employer/Carrier/Servicing Agent (E/C/SA), you are probably not getting paid correctly, especially if you average more than 40 hours a week.

If your doctor has you on light duty, then you may be entitled to temporary partial disability benefits (TPD). If you are on light duty, your employer has the option of deciding whether or not they will have work for you. This does not necessarily mean working your old job. Essentially, they can have you do something else, other than your pre-injury job, as long as it is within your doctor's work restrictions. If they have work for you and you do not earn 80% of your AWW, then you may be entitled to receive TPD benefits from the workers' compensation carrier.

TTD/TPD Benefits

You are entitled to TTD or TPD benefits up and to the time your authorized treating physician has placed you at maximum medical improvement (MMI) or has released you to return to work with no restrictions. Additionally, depending your date of accident TTD/TPD benefits are subject to maximum cap and/or requisite waiting period. At MMI, entitlement to temporary benefits ends. However, you may be entitled to impairment benefits if your treating physician has assigned you a permanent impairment rating. This is compensation owed to you because you have sustained a permanent injury as a result of your industrial accident. Your date of accident will dictate the benefits you may be entitled to receive.

You do not, however, get money or compensation for pain and suffering and/or emotional distress. The legislatures of Florida have created no avenue of recourse against your employer in most instances. There are exceptions, however, to the rule. The only good thing about workers' compensation benefits is that it is a "no-fault" statute. This means, even if you trip, fall and get injured on your own you are still entitled to benefits if it happened in the course and scope of your employment.

Disability Benefits and Petition for Benefits (PFB)

If you are at MMI, and can no longer return to your pre-injury employment, then you may be entitled to additional relief. Depending on your age, education, work history, and permanent work restrictions, you may be entitled to retraining through the State of Florida (rehab TTD), or if you can no longer work, you may be entitled to permanent total disability benefits.

How do you enforce your rights or make the E/C/SA give you a benefit that is owed? Quite simply, you need to sue. In workers' compensation, a Petition for Benefits (PFB) needs to be filed. The E/C/SA does not necessarily have to do anything without a Court Order, and they know that takes time

Can you settle your case? Yes, you can, but that usually means closing your right to receive further medical care. Unfortunately, you cannot force the E/C/SA to settle your case for a lump sum, just as the E/C/SA cannot force you to settle your case. However, before settling, I would strongly encourage you to speak with a lawyer. The insurance company has lawyers working on their side who will prepare the Release and papers for the Judge of Compensation Claims to review and sign.

To learn more about workers' compensation law and how I can help you, or specific questions regarding the application of the law to your case, please contact my office for a free consultation at 407-657-2525, or toll free at 1-877-SUE-THEM(1-877-783-8436), or send me an This e-mail address is being protected from spam bots, you need JavaScript enabled to view it regarding your case.

**The hiring of a lawyer is an important decision and should not be based solely upon advertisements. Before you decide, ask me to send you free written information about my qualifications and experience or click on my biography . This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advise nor the formation of a lawyer/client relationship.

Common Work-related Injuries

• Spine Injuries
  
• Fractures
• Cuts, and Bruises
  
• Burns
• Back Injuries
  

Finding a Lawyer in the Orlando / Central Florida Area

The hiring of a lawyer is an important decision and should not be based solely upon advertisements. Having lived in Winter Park, FL since 1980, Don first began my legal career here in 1994 and opened Harvey Law in 1999. Before you decide on a lawyer, call or email us asking for free written information about Don Harvey's qualifications and experience.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advise nor the formation of a lawyer/client relationship.