South Florida Workers’ Compensation AttorneysOverview of Florida Workers’ Compensation
The Florida workers’ compensation attorneys at Rosenberg & Rosenberg, P.A. have been specializing in Florida’s Workers’ Compensation claims and personal injury claims for almost 40 years. Our Florida workers’ compensation accident attorneys and Florida personal injury accident attorney have represented the rights of injured workers and plaintiff’s rights in literally thousands of workers’ compensation and personal injury cases. We will fight against insurance companies and protect your rights to obtain medical benefits and seek compensation for your injuries. You may also have a personal injury claim, dependent upon the circumstances. Ask one of our Florida workers’ compensation attorneys today about your rights and the potential for a third party claim. The state of Florida has compiled a list of frequently asked questions for you to reference. As always, if you have any questions, do not hesitate to contact one of the Florida workers’ compensation attorneys at Rosenberg & Rosenberg, P.A. today at 888-565-HURT.
Topics:
South Florida Workers’ Compensation (Medical Benefits Coverage)
South Florida Workers’ Compensation (Lost Wages Information)
South Florida Workers’ Compensation (No-Fault Workers’ Compensation)
South Florida Workers’ Compensation (Abbreviations and Definitions)
South Florida Workers’ Compensation (What else are you entitle to?)
To further help you understand some of the Florida Workers’ Compensation Terminology we have provided you with some abbreviations and their definitions.
TTD
Temporary Total Disability (TTD)- If your disability is total in character, but temporary in quality, you will receive monetary benefits until you reach Maximum Medical Improvement or up to 104 weeks. (Applicable statute: 440.15(2)(a). Call the south Florida Workers’ Compensation lawyers at Rosenberg & Rosenberg, P.A. today for your FREE consultation.
888-565-HURT
TPD
Temporary Partial Disability (TPD)- If you are released to return to work with restrictions by your doctor, and earn less than 80% of your pre-injury wage, you may receive Temporary Partial Disability benefits. (Applicable statute: 440.15(4)(a). Call the south Florida Workers’ Compensation lawyers at Rosenberg & Rosenberg, P.A. today for your FREE consultation.
888-565-HURT
PTD
Permanent Total Disability (PTD)- Monetary benefits, in cases of total disability adjudged to be permanent or for injuries presumed to be permanently and totally disabling under the workers’ compensation law, are payable during the continuance of the total disability. Compensation for PTD is not payable if you are engaged in, or physically capable of engaging in, at least sedentary employment. (Applicable statute: 440.15(1). Call the south Florida Workers’ Compensation lawyers at Rosenberg & Rosenberg, P.A. today for your FREE consultation. 888-565-HURT
Permanent Impairment Benefits - For accidents occurring on or after October 1, 2003, an employee’s entitlement to permanent impairment income benefits begins the day after the employee reaches Maximum Medical Improvement or the expiration of temporary benefits, whichever occurs earlier, and continues for the following periods:
Two weeks of benefits are paid to the employee for each percentage point of impairment from 1 percent up to and including 10 percent.
For each percentage point of impairment from 11 percent up to and including 15 percent, 3 weeks of benefits are paid.
For each percentage point of impairment from 16 percent up to and including 20 percent, 4 weeks of benefits are to be paid.
For each percentage point of impairment from 21 percent and higher, 6 weeks of benefits are paid. (Applicable statute: 440.15(3)(g). Call the south Florida Workers’ Compensation lawyers at Rosenberg & Rosenberg, P.A. today for your FREE consultation. 888-565-HURT
How are monetary benefits calculated?
Monetary benefits are paid every two weeks and are based on a percentage of your average weekly wage up to the maximum weekly benefit ($724 weekly maximum benefit for injuries occurring in 2007). (Applicable statute: 440.20(2)(a).
If you were injured on or after October 1, 2003, and you worked in the same employment in which you were working on the date of the accident, your average weekly wage is 1/13th of the total amount of wages you earned in such employment during the 13 weeks prior to your injury, not counting the week in which you were injured. (Applicable statute: 440.14(1).
If you have been released to return to work on light or limited duty and earning less than 80% of your pre-injury wage, you will be compensated at 80% of the difference between 80% of your average weekly wage and the salary, wages, and other remuneration you are able to earn post-injury, as compared weekly. However, weekly benefits may not exceed 66 2/3% of your average weekly wage at the time of accident. (Applicable statute: 440.15(4)(a).
Call the south Florida Workers’ Compensation lawyers at Rosenberg & Rosenberg, P.A. today for your FREE consultation. 888-565-HURT
Average Weekly Wage
Temporary benefits and permanent disability benefits are based on the injured worker’s average weekly wage. An employer reported low average weekly wage will result in artificially low benefits. How that average is determined is open to interpretation. Frequently, insurance carriers will average wages based on the hire rate instead of the actual earnings or will not include cash payments or tips that were not reported. It is important to fight for an average weekly wage that accurately reflects what the injured worker was actually earning.
Commissions and overtime are often overlooked when an insurance company calculates average weekly wage. Make sure that your employer has accurately reported your overtime and commissions.
Call the south Florida Workers’ Compensation lawyers at Rosenberg & Rosenberg, P.A. today for your FREE consultation. 888-565-HURT
Concurrent Employment (Working More Than One Job)
If you are working two different jobs when you are injured and are unable to work at either job because of your injury, your average weekly wage should be based on both jobs. You will have to produce evidence of your wages on your other job, but the carrier must pay benefits based on both jobs.
Call the south Florida Workers’ Compensation lawyers at Rosenberg & Rosenberg, P.A. today for your FREE consultation. 888-565-HURT
Limits On Temporary Disability Benefits
An injured worker will receive temporary benefits until one the following happens:
1. The injured worker is released to work at full duty. At this point, since the worker can return to the old job, temporary benefits stop. This is true even if the employer no longer has a position for the worker or the injured worker does not feel that he can work.
2. The injured worker is returned to work with restrictions and the employer provides a job within these restrictions for the same hours and wages.
3. The injured worker is terminated from the job for cause. This means the worker has done something that causes his termination. For example, a worker who returns to work with restrictions and then shows up late for work could be terminated and lose the right to temporary benefits for the loss in wages. Whether or not the employer has a good reason to terminate is often disputed. An employee who disputes the grounds for termination could go to court to seek a ruling that the termination was not for cause but was an excuse to get rid of the worker without having to pay further temporary benefits. These issues are often the subjects of litigation.
4. The injured worker reaches maximum medical improvement. Maximum medical improvement (“MMI”) is defined in the law as a point in the worker’s medical treatment where they are not expected to improve significantly in health or ability any further. When MMI is reached by every specialty treating the injured worker, as determined by the authorized treating physicians, the worker’s right to further temporary benefits ceases. Even if the worker is unable to return to the job because of restrictions, no further temporary benefits are paid. The worker may then be entitled to income impairment benefits or permanent total disability benefits. Call the south Florida Workers’ Compensation lawyers at Rosenberg & Rosenberg, P.A. today for your FREE consultation. 888-565-HURT
Workers’ Compensation Medical Benefits
Injured workers are entitled to medical care, treatment and equipment at the expense of the workers’ compensation insurance carrier to help cure and relieve the effects of the injury. This treatment is given by “authorized treating physicians.” What is often a problem for injured workers is that these “authorized treating physicians” are chosen by the insurance company, not the employee. Many of the physicians have long and profitable relationships with the insurance companies and have had no long-term relationship with the injured worker. Often, as a result, the insurance adjusters handling the case will pressure the physician to release the injured worker from treatment early or to find that the injured worker has no impairment. The law in Florida rewards physicians who get injured worker’s back to work quickly. Call the south Florida Workers’ Compensation lawyers at Rosenberg & Rosenberg, P.A. today for your FREE consultation. 888-565-HURT or click here to send us an e-mail.
Authorized Treating Physician
The authorized treating physician is determined by the employer at the time the employer is told that the worker was injured. The employer usually sends the claimant to a local walk-in medical center or clinic. If the employer or insurance company does not send the injured worker to a doctor, the injured worker can chose his own doctor until they do send them. Once that choice is made, the worker must continue with the authorized treating physician or any other doctor that they are referred to. In Florida, an injured worker can choose to change doctors ONCE during their treatment. Call the south Florida Workers’ Compensation lawyers at Rosenberg & Rosenberg, P.A. today for your FREE consultation. 888-565-HURT
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