Loading

No Attorney’s Fees Unless There is a Recovery  Learn More

Workers' Compensation

Medical Marijuana in Florida Workers’ Compensation Claims

Medical Marijuana in Florida Workers’ Compensation Claims In 2016, the medical use of marijuana was legalized in Florida by 71% of the vote. While the implementation followed slowly, medical patients are finally able to use marijuana to treat their various ailments. As Florida workers’ compensation injuries can necessitate pain medication, it is a natural question

Florida Workers’ Compensation Retraining Information

Retraining Information – Why it matters to your Workers’ Compensation Claim The Florida Division of Workers’ Compensation provides a Reemployment Services Program. The program offers two primary services – retraining programs or reemployment assistance. If an individual who has achieved the level of maximum medical improvement is unable to earn at least 80% of their

Mold Exposure Cases – Florida Workers’ Compensation Claims

Mold Exposure Cases – Florida Workers’ Compensation Mold Exposure Cases are difficult to prove under the Florida Workers’ Compensation Act. Under Florida Statute section 440.02(2) which states: An injury or disease caused by exposure to a toxic substance, including, but not limited to, fungus or mold, is not an injury by accident arising out of

What is a Workers’ Compensation Set Aside Arrangement?

In years past (pre-1980’s), Medicare beneficiaries would settle their claims with workers’ compensation and then the very next day, would put medical services through Medicare. CMS/Medicare did not appreciate paying for expenses that should otherwise be covered by workers’ compensation (or other payers), and thus the Medicare Secondary Payer Act was enacted. The MSP comes

Non-Compliance in Florida Workers’ Compensation Claims

Non-Compliance in Florida Workers’ Compensation Claims I have heard this phrased several ways from clients: ‘the adjuster said if I didn’t make the doctor appointment, my benefits would be cut off” “I had to reschedule an appointment, and the adjuster suspended my benefits” “I missed an appointment, and my case was denied” What this describes

If your Work Comp Claim is Denied

If a workers’ compensation claim is denied, in part, or in whole, a notice of denial is filed with the State of Florida. The appropriate form is a DWC-12, which looks like this in format. Once a denial is filed, there are generally two ways the denial is rescinded. 1) the employer/carrier rescinds the denial

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