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Injury at Social or Recreational Event

Injury at Social or Recreational Event | Florida Workers’ Compensation Employers, or groups of employees, sometimes organize events for coworkers to get exercise, increase camaraderie, i.e. sometimes called “team building”. But what happens when someone gets hurt at one of these events, is the injury covered under workers’ compensation? A worker sustaining Injury at Social

2023 Maximum Compensation Rate

2023 Maximum Compensation Rate Florida Statute 440.12 sets forth that there shall be a maximum compensation rate in Florida workers’ compensation claims. It also dictates a minimum compensation rate. The Division of Workers’ Compensation issued a memo that for all injuries in 2023, the maximum compensation rate will be $1,197. This is quite a significant

Volunteers and Florida Workers’ Compensation Coverage

Volunteers and Florida Workers’ Compensation Coverage There are many volunteer opportunities that are very physical in nature. From building houses to delivering meals, people often give their time and physical efforts towards noble causes. As with any activity, volunteering can subject a person to injury. Florida workers’ compensation coverage is generally available to employees. The

Importance of Accurately Calculating the Average Weekly Wage

Importance of Accurately Calculating the Average Weekly Wage All indemnity (money) benefits paid to an injured worker throughout the life of his/her workers’ compensation claim are paid based upon the Average Weekly Wage.  If the Average Weekly Wage is under calculated from the beginning, it will result in months or potentially years of under paid

Forced use of PTO in Workers’ Compensation Claims

Forced use of PTO in Workers’ Compensation Claims An issue presents in Florida workers’ compensation claims with forced use of PTO, or when in lieu of workers’ compensation benefits – pay is continued by the employer (and not the insurance company), but it docked from the claimant’s personal, accrued/earned time. In the course of my

Notice of a Workers’ Compensation Injury

Notice of a Workers’ Compensation Injury A whole host of issues can come up when a person suffers an injury/has an accident at work involving notice of a workers’ compensation injury. Who do you report it to? When do you report it? When is too late to report it? The individual may not realize the

The Petition for Benefits has been filed; What to Expect

A Petition for Benefits is the primary method to invoke the jurisdiction of the court to resolve disputes in a Florida Workers’ Compensation claim. When there is any dispute regarding benefits owed to an injured worker—either medical and/or lost wage/indemnity, a “good faith attempt” to resolve the issue is sent to the employer/carrier. If the

Mileage Reimbursement in Florida Workers’ Compensation Cases

Mileage Reimbursement in Florida Workers’ Compensation Cases An injured worker[1] is entitled to Mileage Reimbursement in Florida Workers’ Compensation Cases for trips to and from treating providers and to the pharmacy. The current standard rate paid by workers’ compensation insurance carriers is .445 cents per mile. I provide the following form to my clients to

Deposition in a Florida Workers Compensation Case

Under the Florida Workers’ Compensation Act, a primary discovery tool of gathering evidence from an injured worker comes in the form of depositions; [Deposition in a Florida Workers Compensation Case]. Depositions are essentially question and answer sessions involving injured workers, employer witnesses, insurance adjusters, as well as medical providers. The purpose of depositions is to

Social Media Discovery in Florida Workers’ Compensation Cases

When a worker is injured in Florida and makes a claim for workers’ compensation benefits or files a Petition for Benefits, it is not uncommon for the employer/carrier to engage in discovery under the Florida Rules of Civil Procedure. In Florida workers’ compensation cases, that is typically primarily a deposition of the injured worker or