Category Archives: Workers Compensation
Will You Need a Medicare Set Aside When You Settle Your Workers’ Compensation Case?
To understand what an MSA is, you must first understand how Medicare works when it comes to personal injury or workers’ compensation cases. Medicare is a secondary payor. That means that if there is another source of funds to pay for medical care, that source must be used before Medicare. If Medicare is used,… Read More »
Getting Workers’ Compensation Benefits for Exposure to Toxic Chemicals
We tend to think of on-the-job injuries as sudden, unexpected events, such as falls, car accidents, or having heavy objects fall on workers. But many injuries sustained on the job occur slowly overtime, sometimes, without the worker even knowing an injury is occurring. Such is the case with damage due to exposure to toxic… Read More »
Payment of Lost Wage: A Bedrock Principle of Workers’ Compensation Law
In Florida, the “grand bargain,” legislated in 1938, was that the employers promised to provide expeditious medical care and lost wages to an injured worker in exchange for the injured worker forgoing his/her right to sue the employer in Circuit Court. Unfortunately for injured workers, this “promise” has long-been forgotten and ignored, similarly to… Read More »
Don’t Let Yourself be Misclassified as an Independent Contractor
With certain very limited exceptions, almost all businesses are supposed to provide workers’ compensation benefits for their employees; however, many employers try to avoid paying workers’ compensation premiums by fraudulently classifying their employees as independent contractors, who, by statute, are not covered. Employers Try to Dodge the Workers’ Compensation Statute Pity the worker injured… Read More »
How are Workers Injured on the Job?
Although the workers’ compensation system is designed to help workers who sustain an injury while on the job, workers’ compensation is not designed to prevent an accident on the job. Workplace Injuries are Too Common According to the National Safety Council, a worker is injured every seven seconds while at work in America. There… Read More »
How to Get Workers’ Compensation for Repetitive, Cumulative Injuries
Imagine that you are working in a job where you perform the same type of physical movement many times a day. At first, your job may not seem stressful but, over time, the repeated motion starts to cause you pain, and wear and tear. Can you recover workers’ compensation benefits for an injury(ies) that… Read More »
Lessons from an SNL Cast Member’s On-the-Job Injury
Workers’ compensation and injuries on the job don’t often make headlines. They even less frequently make headlines in the entertainment news. A recent story about a former Saturday Night Live cast member should serve as a reminder that injuries on the job can happen to anyone–and that anyone can miss important time frames when… Read More »
What Does Temporary Partial Disability Pay?
When it comes to workers’ compensation, we tend to think there are two general categories: Either you are injured and cannot work at all, or you are fully recovered and able to go back to unrestricted work on a full-time schedule for full pay. But that is not the reality for many people recovering… Read More »
Employers Can’t Punish You for Making a Workers’ Compensation Claim
If you are injured on the job, you may have concerns about how to get treatment, where you will get treatment, when you’ll be able to get back to work, and will you get paid lost wages. You may also worry about your employer retaliating against you for making a workers’ compensation claim in… Read More »
Study Looks at the Most Dangerous Jobs or Professions
The best way to avoid being embroiled in the frustrating work of Florida workers’ compensation benefits is to avoid getting injured in the first place. That’s in an ideal world, of course, because many professions simply are more dangerous or expose workers to a higher chance of injury than other jobs. Which professions have… Read More »