Florida Supreme Court Rules on Worker’s Comp Lawyer Fees

florida workers comp fees ruling

Decision by Florida Supreme Court Regarding Attorney Fees In A Worker’s Comp Case

Workers’ compensation advocates are thrilled with the Supreme Court ruling in April regarding attorney’s fees in a workers’ comp case.

The law regarding attorney’s fees for a workers’ comp case was a sliding scale based on percentages. Regardless of the number of hours an attorney worked on a claim, the attorney received a maximum of 20% of the first $5,000 in benefits obtained on behalf of the injured worker and 15% of the next $5,000 in benefits. The case at hand challenges the Florida Legislature replacing the “reasonable” standard with the sliding scale of percentages. […]

Florida’s Workers Compensation Injury Law

Florida compensable injury law

What is a Compensable Injury Under Florida’s Workers’ Compensation Laws?

Florida’s workers’ compensation laws provide assistance to employees who are injured on the job. Workers’ compensation provides financial support until the employee is able to return to work. It also pays for medical treatment for workplace injuries and illnesses. Workplace accidents do happen; therefore, it is important that you understand your rights under our workers’ compensation laws. An experienced Boca Raton workers’ compensation attorney can help you receive the benefits you are entitled to collect when you are injured at work.

Defining a Compensable Injury

Even though our workers’ compensation laws are defined by statute, the courts must sometimes clarify the law or make decisions based on conflicting interpretations of the law. A recent Florida court case clarified the definition of a compensable injury. […]

Should I Accept A Lump Sum Workers’ Comp Settlement?

In some workplace injuries, the workers’ compensation company may offer a lump sum payment. The offer may seem like a large amount of money, and you may be tempted to accept the offer because you need the money now. However, it’s not always a good idea to accept a single cash settlement without consulting with a Boca Raton workers’ comp attorney. […]

Workers’ Comp Settlement Offer Info

settlement offer for workers comp

Workers’ Comp Settlement Offer: What If The Workers’ Compensation Insurer Will Not Settle?

A common myth about workers’ compensation cases is that the insurance carrier for the employer must make a settlement offer if the employee is permanently disabled or has a permanent impairment as a result of the workplace injury. This is not the case. An insurance company is not required to make a settlement offer in a workers’ compensation case. With that in mind, what is required by the insurance carrier for your employer?

Benefits For a Workers’ Compensation Claim

In most workers’ compensation claims, you have three basic benefits.

ONE: Your reasonable, related medical expenses are paid in full by the insurance provider or the employer. In either case, you should not be required to pay any of the reasonable, required medical expenses related to your workplace injury. At times, what is “reasonable, related, and required” can be debatable. A Boca Raton workers’ compensation attorney can help ensure you receive this benefit as required by law. […]

Workers’ Compensation Benefits Questions Answered

Workers compensation for employees that quit

Will I Lose My Workers’ Compensation Benefits If I Quit My Job?

If you are injured at work or you develop a medical condition or illness because of your job, you are entitled to receive workers’ compensation benefits under Florida’s Workers’ Compensation laws. Workers’ compensation benefits are designed to provide income assistance while you obtain medical treatment of a job-related injury or illness. Workers’ compensation benefits also pay for that medical treatment. In order to receive benefits, you must file a claim and follow all steps required by law.

Once the doctor has cleared you to return to work, you can return to your job. If you have a permanent medical condition or disability, you may also be entitled to receive a settlement as compensation for the permanent condition. Your employer cannot fire you because you file a valid workers’ compensation claim. If you are wrongfully fired by your employer, you can file a civil action against the employer for wrongful termination. However, you can voluntarily quit your job while you are receiving workers’ compensation benefits. […]

Workers’ Compensation Injury Types

What Types of Injuries are Not Covered By Florida’s Worker’s Compensation Laws?

Most injuries that occur in the normal course of your employment will be covered by worker’s compensation. However, some injuries do not qualify for coverage such as mental anguish due to stress at work or problems with a boss or co-worker. Worker’s compensation also does not cover injuries related to the use of narcotics, alcohol, or other controlled substances.

If you are in doubt whether an injury is covered by Florida’s worker’s compensation laws, you should file a claim. You must report the accident or injury to your employer within seven days or your claim will be denied even if your injury qualifies for benefits. Furthermore, you must file claims with the Division of Administrative Hearings no later than two years from the date of the injury or accident. Failure to meet all of the required deadlines will result in your claim being summarily denied as an untimely filed claim. […]

Florida Workers’ Comp Claims And Social Media

Social media dominates the lives of Americans in almost every way from sharing reviews of restaurants and cat videos to debating political views. Anyone who doubts the power of social media needs only to look at the political landscape for the past year to see how social media can lift and crush a person within the same 24-hour period.

For most people, social media is harmless. It is a way to keep up with family and friends by sharing pictures, videos, and stories. With people frequently moving and families spread across the nation, social media has made it easier to feel as if we are still living just a few streets away. […]

Pain and Suffering Compensation for Workers’ Comp

Pain and Suffering Compensation for Workers’ Comp

Compensation for Pain and Suffering in a Florida Workers’ Comp Case

Have you been injured at work? Is your employer and/or its insurance carrier delaying or denying your workers’ comp claim? You do not need to accept their decision. Florida’s workers’ comp laws are designed to protect workers who have been injured on the job. Our attorneys are here to help you receive the compensation and benefits you are entitled to receive when you have been hurt at work. […]

Florida Workers’ Compensation Claim Mistakes

Florida Workers’ Compensation Claim Mistakes

Have you been injured in a workplace accident? Is your employer or its insurer denying coverage of a workers’ compensation claim? If so, you need the assistance of an experienced workers’ compensation lawyer. Our attorneys can help you avoid workers’ compensation mistakes that can result in a denial of your workers’ compensation claim.

Don’t Ignore Your Injuries

If you even suspect you may have been injured at work, you should treat it as a work-place injury. Some people make the mistake of thinking a minor injury is nothing to worry about. They do not seek medical treatment or report the injury until months later when it is too late to file a workers’ compensation claim. […]

Heat-Related Injuries and Workers Comp

Heat Related Injuries

Workers’ Compensation for Heat-Related Injuries Sustained While Working Outside

For most workplace injuries, you are entitled to receive workers’ compensation benefits including being injured if you work outside in the heat. Parts of Florida experience brutal heat, especially during the summer months. Working outside during periods of extreme heat can be dangerous especially in areas with high humidity. Extended periods of exposure to the heat can result in heat-related injuries including:

    • Heat rash – Skin irritation caused by excessive sweating.
    • Heat exhaustion – This often precedes a heatstroke. Symptoms include rapid breathing, fast pulse, weak pulse, and heavy sweating.
    • Heat cramps – Muscle spasms or muscle pains.
    • Heatstroke – Heatstroke occurs when the body temperature rises above 106 degrees in a matter of minutes. Heatstroke can be life-threatening.