Category Archives: Workers Compensation
Can You Go to the ER When You Have a Work Injury?
As you may imagine, injuries on the job often are acute and sudden, and require immediate medical attention. If you are injured with other employees or staff around, going to an emergency room is OK and advisable–after all, your supervisor is probably right there to document it and get you in touch with the… Read More »
Remembering the Case That Preserved Workers’ Attorney’s Fees
Rarely would you think the legal areas of workers’ compensation and constitutional due process would have anything to do with one another. But they did in one case in the area of attorney’s fees. Although the Florida Supreme Court made one of the most important workers’ compensation decisions back in 2016, which had to… Read More »
Watch What You Say When Getting Treatment from Your Workers’ Compensation Physician
Normally, when you go to visit a doctor for care and treatment, either on a cash-basis or through your own health insurance, you have certain rights of privacy. You may be surprised to learn that those protections do not apply if you are treating with a workers’ compensation doctor. Traditional Relationships Don’t Apply In… Read More »
What is an Independent Medical Exam in the Workers’ Compensation Context?
An Independent Medical Examination (IME) is, in theory, supposed to be exactly as it sounds—a medical review by a health professional that is independent or neutral. The Claimant and/or the employer/carrier can elect one IME per case under Fla. Stat. 440.139(5). Exams May Have Bias At least, in theory, that’s how it is supposed… Read More »
Avoiding Workers’ Compensation Fraud
The law is clear: It is illegal to knowingly make a false or misleading statement in order to collect workers’ compensation benefits. That’s nothing new; in almost all areas of law, purposefully committing fraud or misrepresenting facts can prevent recovery, or worse, lead to criminal prosecution. But what is fraud in the workers’ compensation… Read More »
Getting Workers’ Compensation Benefits for Heart Attacks and Other Cardiac Events
As a general rule, workers’ compensation covers most on-the-job injuries. However, some medical conditions may not be covered claims. Why Cardiac Claims Are Difficult This is particularly true in the case of heart attacks or cardiac problems that occur while you are working. Even if you are in the heat for hours and the… Read More »
OSHA Investigations Following Workplace Fatalities
An employee of a plumbing company was working to repair a broken storm sewer, which had caused a minor sinkhole north of Boynton Park, when he was killed by an explosion, as reported by The Palm Beach Post. Water from a nearby lake was seeping into an eight by three foot sinkhole surrounding the… Read More »
Should an Injured Undocumented Worker Risk Filing a Claim?
An undocumented worker severed his fingers down to the bone when he was cutting concrete blocks. When the injured worker reported the injury to his supervisor as is required under Florida Workers’ Compensation law, he was fired. And, to add insult to injury, his boss reported him to the U.S. Immigration and Customs Enforcement… Read More »
Working and Receiving SSD Benefits
Millions of Americans suffer from a disability. In fact, 40 million Americans have some sort of disability, according to the Centers for Disease Control and Prevention (CDC). This is not to say that all of these people are disabled from working. In fact, many disabled people, even those who are receiving Social Security Disability… Read More »
Aid and Attendant Care
After a serious injury, it is not uncommon for an injured worker to rely on a home aid and attendant-care person to help him/her with activities of daily living (ADL’s). However, procuring these benefits can be difficult. If you were seriously injured on the job or became sick as a result of the work… Read More »
