Florida's Workers' Compensation Lawyer Blog

Judd P. Koenig, founding partner of the Law Offices of Franks, Koenig & Neuwelt, is one of several Palm Beach County Bar Association members donating their time and efforts to support local elementary students.

Through the Bar Association's Lawyers for Literacy Committee, local attorneys spend time reading in the classroom and donating new and gently used books. This week, Washington Elementary School was the recipient of the group's generous donations.

Judd Koenig, a Palm Beach County workers' compensation attorney, said that he enjoys giving back to the local community. "Reading to the kids is something I look forward to each year. The joy in their eyes is a priceless gift for me."

Call 1-(877) WE-CAN-HELP (1-877-932-2643) or contact us online to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today.

Hurt at Work? We can help

When you are hurt, you look to your doctor to help you. However, in Florida's workers' compensation system, many doctors are not technically your doctor. In reality, they are the insurance company's doctor. Due to this reason, many work comp doctors are more interested in keeping the insurance company happy so that they will continue to provide them with new patients. What this can mean to you, the injured worker, is that you can get returned to work too early, not receive appropriate studies like MRI's or nerve testing and not receive the full extent of care that you might be offered outside Florida's workers' compensation system.

We understand how frustrating it can be to get hurt at work and be told by the insurance company's doctor that there is nothing wrong with you; or worse, that you have a preexisting injury and that is the cause of your problem. This is a favorite "go-to" opinion of the work comp doctor. What this really means is that the workers' compensation insurance company can deny your case because, as they see it, the reason you need care isn't the 10 foot fall from the ladder, or the car accident you got into, but rather something that was in your back or neck or knee that you never knew about, never complained of and never sought treatment for in your life.

Not all doctors who provide care in the workers' compensation system are like this. Many are caring and dedicated medical providers who try to help you get the best medical treatment possible. However, when you get the bad apples, it can affect your case for the worse. Don't let an insurance company doctor ruin your claim or blame your injury and need for treatment on a condition that hasn't caused you a day of pain in your life.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) or contact us online to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today.

The spine is comprised of several parts, including nerves that run down through your hips, legs, knees, feet and toes. When you injure your back, there is a possibility you are causing damage to the bones and discs in your spine as well as the nerves or the canals that the nerves travel through. Injuries to the spine without nerve involvement may cause back pain that stays in and around the low back, buttocks and hips. Injuries to the nerves can cause excruciating and debilitating pain that, depending on the specific nerve damage, can travel all the way down to your toes.

These types of injuries can be caused by any activity including, but not limited to, lifting, falling, getting hit or even repetitive and continuous activities. Symptoms that occur following a low back nerve injury can include numbness, tingling, burning, cramping, electrical jolts that shoot down either leg and a feeling like someone poured ice cold water down the inside of your lower body. You may be in need of immediate medical attention if you suffer from any of these symptoms following a workplace accident or injury.

Florida's workers' compensation laws provide for medical care at your employer's insurance company's expense. This can include medical examinations; diagnostic studies like x-rays, MRI's and nerve scans; various medications and injections; physical and occupational therapies; and ultimately surgery. However, it can be difficult to obtain such care, especially when your employer fails or refuses to report a claim or your employer's work comp carrier denies your claim.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) or contact us online to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today.

In Florida's workers' compensation system an independent medical examiner is used by either party to obtain a medical opinion that is admissible in court or at trial. An IME is not a doctor who will treat you or provide you care. An IME physician is used by the workers' compensation insurance company when they want to deny benefits. This will typically occur after you are sent to a workers' compensation doctor who recommends expensive medical care or surgery and work comp doesn't want to pay. They then hire an IME doctor who will give them an opinion that they can rely on to deny care that their doctor, the one they selected, considers to be medically necessary and related to your workplace accident.

The law in Florida requires that when your employer's workers' compensation carrier schedules an IME appointment the injured worker must attend the appointment. If you fail to attend you may be liable for a percentage of the IME's charges. When you see the IME, you will probably be asked questions about your past medical history, current problems you relate to the workplace injury and any other information the IME considers important.

When the insurance company sends you to an IME, they will be relying on that opinion to deny your claim or claim for treatment. The way to fight these doctor's opinions is to hire an experienced workers' compensation attorney. Your attorney will be able to present your own medical expert opinions that attack the insurance company's IME and present your case in the light most favorable to you. If you are being sent to an IME by your employer's workers' compensation insurance company, contact one of our dedicated workers' compensation attorneys right away. Your claim and your right to receive medical and lost wage benefits may be at risk.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) or contact us online to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today.

First and foremost, follow your doctor's recommendations. It is important that you don't rush your recovery and that includes going back to your pre-injury job duties too soon. We understand the desire and financial burden to obtain your pre-injury income, but by returning back to work at a full duty activity level you risk the chance of reinjuring yourself or even causing new injuries. This can delay your recovery and keep you from receiving your full salary for even longer than before.

Talk to your doctor about your ability to return to work. Some doctors will place you on a "no work" status for an extended period of time. Many workers' compensation doctors will return you to work with restrictions. If your employer can accommodate these restrictions, you may go back to work, but it may be doing work that is different than your pre-injury position. If a job is offered and you refuse to return to work, there is a possibility that you may not be entitled to lost wage or indemnity benefits. And there are some doctors who will send you back to work too soon or with too few restrictions. When you are returned to work with restrictions, or returned to work with no restrictions at all, call an experienced workers' compensation attorney at the Law Offices of Franks, Koenig & Neuwelt today.

If you feel ready to go back to work, take it easy, pace yourself and listen to your body when it tells you to slow down. The best indicator that something is wrong is you. You know your body and you know when it is telling you to stop. If your employer doesn't listen when you tell them something is wrong, it is time to call one of our dedicated workers' compensation attorneys. We are ready to help you when your workers' compensation doctor sends you back to work too soon or when your employer doesn't listen to you when you tell them you are in pain.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) or contact us online to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today.

In Florida, injured workers may be entitled to checks for lost time due to their injuries. These monies are typically paid by the insurance carrier and not the employer. Once entitled to lost wages, or indemnity checks, an employer's workers' compensation insurance company should be sending regular biweekly checks following an initial waiting period.

Florida law defines the amount of money that your employer's workers' compensation carrier must pay. If you are unable to work, or are assigned restrictions that prevent your employer from finding you actual work, you may be entitled to checks to replace a percentage of the wages you were earning prior to sustaining your injury. These checks cover some, but not all, of the money you regularly earn. These amounts are calculated based on two-thirds of your average weekly wage if placed on a "no work" status by your workers' compensation doctor and 64% of your average weekly wage if returned to work with restrictions that cannot be accommodated. If you can go back to work within your restrictions, but are not making 80% of your average weekly wage, you will be entitled to a percentage of the difference. These checks should come every two weeks depending on when they are initially issued.

Having said all of this, be warned, you are dealing with insurance companies. While most of the time you can expect to be paid timely, it does not always happen. We have seen countless examples of checks that fall off the adjuster's calendar, are paid late, are paid incorrectly or are simply not paid at all.

If you feel you are entitled to lost wages checks from your employer's workers' compensation carrier and are not receiving them, or you feel that something is wrong with the checks you do receive, call one of the experienced workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today. We have more than 50 years combined experience helping secure lost wages for injured workers throughout the state of Florida.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) or contact us online to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today.

The law in Florida allows the workers' compensation doctors to send injured workers back to work during the course of their recovery. If the employer cannot accommodate those restrictions the injured worker may be entitled to recover lost wage or indemnity benefits. But what happens when an injured worker is sent back to work and their employer says that they can accommodate the worker's restrictions and then fails to do so?

We have see this happen over and over to many injured Florida workers. The injured worker returns to work accepting a light duty job that will allow them to contribute to their workplace yet keep them from reinjuring or aggravating their injury only to find their boss, supervisor or managers are forcing them back into their pre-injury job duties.

Many workers are concerned that if they refuse to perform work activities outside their restrictions they will be blacklisted, demoted, written up or fired. Maybe this has happened to you. If it has, and you continue to receive pressure, or are outright ordered, to work above and beyond your workers' compensation doctor's work restrictions, you may be subjecting yourself to further injury and longer recovery time.

Don't let your employer push you to the physical and mental breaking point. Call one of the experienced workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today for a free and confidential consultation. We have more than 50 years combined experience helping injured workers who are being forced to endanger themselves by working outside of their physical restrictions.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) or contact us online to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today.

Listed below are a few things to keep in mind when dealing with Florida's workers' compensation system or for when you are hurt at work or involved in a workplace accident or injury:

1. Ask questions of your doctor. Many times the workers' compensation doctors run in and then run out of the examination room in less than 5 minutes. If you don't ask questions they won't stick around. Ask for clarification on issues such as diagnoses, treatment options and medication use. If you don't understand and they won't take the time to explain, call an experienced workers' compensation attorney right away.

2. Follow your doctor's instructions. No lifting an arm means no lifting with that arm. This will become vital later on in the case, especially if the workers' compensation insurance company has you on video surveillance.

3. Trust your gut. If your instincts are telling you that something isn't right then you are probably correct. If your employer tells you they will report an injury and don't, or if the doctor tells you they will treat a body part and don't, something is wrong. At that point it is time to call your attorney or hire one if you haven't yet.

4. Don't be afraid to ask for medical care. If your doctors are not listening to you, it's time to call or hire an attorney.

5. Call an experienced workers' compensation attorney. Don't rely on the workers' compensation adjuster to give you the care or get you the treatment you deserve.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) or contact us online to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt for a free and confidential consultation today. We have more than 50 years of combined legal experience helping Florida's injured workers recover the medical care they deserve.

Today, a 28 year-old local county employee was told that her workers' compensation case was being denied due to her preexisting injuries. She advised us that she has never been in a prior workplace accident, a prior motor vehicle accident or previously been injured.

In Florida, a preexisting injury defense is one way insurance companies try to prevent you from receiving medical care and lost wages. We regularly receive calls from angry and upset Floridians who, after being hurt at work, are sent to their employer's workers' compensation insurance company's doctor. After waiting in the doctor's office, sometimes for up to several hours, they are told that the cause of their pain is from a preexisting injury. When they ask for an explanation, they are told that an MRI or x-ray shows arthritis or wear and tear and that it is a preexisting condition and the reason they have pain.

If you feel as though your workers' compensation doctor is not on your side then you are not alone. The majority of workers' compensation insurance companies select doctors who will give them the diagnoses they want to hear: Not work related, return to work full duty with no restrictions and no need for further care. Let us help you fight these doctors and their preexisting opinions and help you recover the medical and lost wage benefits to which you are entitled under the law.

When your claim has been denied for alleged preexisting conditions, your choices are very limited. The law only provides you with a few limited options to ensure that your ability to receive treatment is protected and that you are not denied care. The experienced workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt have dealt with these situations and understand that the way to fight these doctors is to attack their opinions, gather evidence to show these alleged preexisting injures are invalid and obtain objective and unbiased medical opinions to take to trial on your behalf.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) or contact us online to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt for a free and confidential consultation today. We have more than 50 years of combined legal experience helping Florida's injured workers recover the medical care they deserve.

Hurt at Work? We Can Help.

This week a St. Lucie Judge ruled that an injured worker from Vero Beach, Florida was entitled to receive a medically necessary surgical procedure and that his workers' compensation insurance company was required to pay for the medical care.

The injured worker was on a riding lawnmower when it flipped over, landing on him and causing extensive damage to his dominant right hand and arm. His injuries were so severe that he required multiple surgeries including fusions to his wrist, multiple fingers and his thumb. Further medical care was provided with a pain management physician who diagnosed him with Reflex Sympathetic Dystrophy (RSD), a syndrome of nerve disorders characterized by chronic severe burning pain, pathological changes in bone and skin, excessive sweating, tissue swelling and extreme sensitivity to touch. Based on these injuries the insurance company accepted him as permanently and totally disabled.

Due to the nature of the injury, the worker had severe pain in the thumb where a wrist brace he was required to wear almost constantly rubbed against the bones in and around the thumb. On multiple occasions the only expert in the case, a professor at the University of Florida and a preeminent hand and upper extremity surgeon, recommended a relatively minor surgical procedure to trim the bone around the thumb to provide pain relief. The Judge found that Florida law required the workers' compensation insurance carrier to pay for the surgery to relieve his pain even if it did not technically improve his injury.

The dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt have helped many injured workers who have been denied medically necessary treatment by their work comp insurance companies. We understand how frustrating it can be to be treated under Florida's work comp laws, have care recommended by work comp doctors and then have that care denied by the carriers. We can help you deal with your employer's workers' compensation insurance company and get you the care you deserve.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) to speak with one of the dedicated workers' compensation attorneys at the http://www.franksandkoenig.com/ for a free and confidential consultation today. We have more than 50 years of combined legal experience helping Florida's injured workers recover the medical care they deserve.

Florida's First District Court of Appeals ruled that a workers' compensation insurance company cannot deny payment of permanent total disability benefits based on an argument that a possible upcoming surgery might make the injured worker better in the future.

Because current workers' compensation laws require specific medical evidence to prevail in a claim for permanent total disability, the work comp insurance companies will often deny payment of this classification of lost wages. Our dedicated workers' compensation attorneys represent injured workers throughout the state of Florida, including Palm Beach County, Broward County, St. Lucie County, Martin County and more.

If you have been hurt at work and your workers' compensation doctors tell you there is nothing more they can do medically to improve your condition, or your workers' compensation adjuster advises that you are not entitled to receive further lost wage checks, call one of the experienced workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt today. We have more than 50 years of combined experience fighting the workers' compensation insurance companies. We are ready and willing to help you recover the maximum amount of monetary benefits and medical care available under the law.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt for a free and confidential consultation today. We have more than 50 years of combined legal experience helping Florida's injured workers recover the medical care they deserve.

The answer will vary depending on who you ask. The insurance companies will of course say good. The injured workers and their attorneys will say both bad and unfair. How is it seen so differently? The answer is money.

For the insurance companies, control is king. They control the selection of the initial medical provider and they control the change in provider. This allows them the ability to select medical providers who will return you to work with little to no missed time and minimal medical expenses. This means more money kept in the insurance company's bank account earning interest and little to no money spent on your medical care and lost wages. However, the experienced workers' compensation attorneys at the law offices of Franks, Koenig & Neuwelt have more than 50 years of combined experience helping injured workers navigate the workers' compensation system and obtain medical care that makes a difference in their lives.

If you feel like your work comp doctor doesn't listen to you or ignores your complaints, you are probably correct. Let us help and advise you on how to address these medical professionals in a manner that will allow you the ability to receive the care and treatment that can place you on the road to recovery. The worst feeling is having no medical care, no money and felling as if there is no hope in sight.

In Florida, workers' compensation laws are slanted in the employer and insurance company's favor. Our dedicated attorneys are ready and willing to turn the tables on the workers' compensation carriers and get the medical and lost wage benefits that you are entitled to under the law.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt for a free and confidential consultation today. We have more than 50 years of combined legal experience helping Florida's injured workers recover the medical care they deserve.

In Florida, a workers' compensation claim is not won by proving that your injuries were caused by another party's negligence or intentional acts. To prevail at trial in a Florida work comp case, you must have the right kind of evidence.

The dedicated workers' compensation attorneys at the law offices of Franks, Koenig & Neuwelt have more than 50 years of combined experience fighting the work comp insurance companies and helping injured workers recover lost wages and medical benefits. We can help you to gather the right kind of evidence to go after your employer's workers' compensation insurance company when they fail to provide you with the benefits to which you are entitled under the law.

Make sure to check in with our experienced attorney once you are being represented as every doctor's appointment, therapy session and examination could mean the difference between getting care or getting nothing.

If you have been hurt at work in Florida, call one of our work place accident attorneys for a free and confidential consultation today. We can discuss with you how to proceed with your Florida workers' compensation case and determine what you need to prevail at trial.

Hurt at Work? We can help. Call 1-(877) WE-CAN-HELP (1-877-932-2643) to speak with one of the dedicated workers' compensation attorneys at the http://www.franksandkoenig.com/for a free and confidential consultation today. We have more than 50 years of combined legal experience helping Florida's injured workers recover the care they deserve.

In Florida, your workers' compensation medical provider may not willingly offer you the medical care that could make you better.

Many workers' compensation medical clinics work on a volume practice. They make their money on seeing hundreds of clients in a week or month. They make more on the first office visit and less on each subsequent visit. They have an incentive to make the workers' compensation carrier happy by sending you, the injured worker, back to work without causing the insurance company to have to pay too much money in medical care. In return, the workers' compensation insurance company continues to send victims of workplace accidents to their facility.

We see many clients with back injuries, knee injuries, shoulder injuries and more who go weeks or months without MRI's, referrals to specialists or simply sit without care because their clinic basically blows them off. They see a nurse practitioner or physician's assistant who runs through the examination, steps out to speak to the doctor who signs off on a diagnosis that typically includes a sprain, a strain or a contusion. However, months later, after finally receiving the appropriate diagnostic studies, the injured worker is finally correctly diagnosed with herniated discs, torn ligaments or fractured bones.

Not all workers' compensation doctors are like this. Many are caring and concerned practitioners who see what injured workers are forced to endure when injured at work and stuck in Florida's workers' compensation system. These doctors are willing to explore every treatment option, every specialty and every method to improve your medical condition. But when you have a doctor that spends no time with you, ignores what you say and blows off your concerns, it is up to you to stand up for your rights and ask for care.

Call 1-(877) WE-CAN-HELP (1-877-932-2643) to speak with one of the dedicated workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt for a free and confidential consultation today. We have more than 50 years of combined legal experience helping Florida's injured workers recover the medical care they deserve.

We hear workers' compensation adjusters and defense attorneys say all the time, "They haven't seen a doctor in months, how hurt can they be?"

Unfortunately, many employees have to deal with adjusters and defense attorneys who simply cannot fathom what life would be like without having access to medical care or what the actual costs of medical care is without having health insurance.

Conversations of this type usually go like this:
Work Comp: They (you the injured worker) haven't treated in a year. They can't be that hurt.
Us: They are, but the carrier denied treatment and is only now giving our client a doctor.
Work Comp: Yeah, but if they were really hurt they would have gone to a doctor on their own.
Us: And how are they to pay for that?
Work Comp: If it was that bad they would have gone to a hospital. That's free.
Us: AAAAAAGGGHHHHHHHHH!!!!!!!!!!!!!

Ok, the last line isn't something we say out loud, it is more something we scream in our heads.

Injured workers typically fall into two categories: those who have health insurance and those who don't. Those who have insurance can't use it for workers' compensation injuries because the health insurance carrier won't pay for care that should be covered by the employer's workers' compensation carrier. Those who don't have health insurance can't afford the full value of medical services charged by health care providers and don't treat. Either way, the injured worker is caught between a rock and a hard place.

If you are hurt at work and your workplace injury prevents you from using your health insurance, your employer's workers' compensation carrier refuses to provide medical care and you don't know where to turn, call one of our experienced workers' compensation attorneys at the Law Offices of Franks, Koenig & Neuwelt for a free and confidential consultation today.

Call to speak with one of our attorneys live for a free and confidential consultation. Why wait? Call today. 1-(877) WE-CAN-HELP (1-877-932-2643)