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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...
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...
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 extent of...
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...
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...
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...
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...
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...
A work injury can impact many facets of an employee’s life: ability to work, routine daily tasks, relationships with friends/family, and a reduction in income. Workers’ compensation benefits are roughly two-thirds of the gross wages an employee was earning prior to...
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...