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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

Impairment Income Benefits

Impairment Income Benefits In Florida workers’ compensation cases, once an individual has achieved the level of maximum medical improvement, the doctor expresses an opinion whether the individual has a permanent impairment. Physicians use the 1996 Florida Impairment Rating Guide in order to assign an impairment rating, which is largely based on the degree of permanent

Mediations in a Florida Workers’ Compensation Case

Under Fla.Stat. § 440.25, all parties in a workers’ compensation case are required to participate in a mediation within 130 days after the filing of a petition for  benefits. If you are like most people, you are probably thinking “What is a mediation and how should I prepare for it?” This is the reaction our

Filling Prescriptions Through Work Comp Insurance in Florida

Pursuant to Fla.Stat. § 440.13(3)(j), “a sick or injured employee shall be entitled, at all times, to free, full, and absolute choice in the selection of the pharmacy or pharmacist dispensing and filling prescriptions for medicines.” The statute goes on to state that “It is expressly forbidden for the department, an employer, or a carrier,

Reporting Your Injury – Florida Workers’ Compensation

Reporting Your Workers Compensation Injury in Florida An injured worker has an obligation to report a work – related accident within 30 days after he or she knew, or should have known, an injury in the course and scope of employment was sustained. Obviously, the sooner after the accident the reporting occurs, the better. If