Florida Workers' Compensation Lawyer Blog

A new client called with a dilemma. His work comp doctor told him he had to have a major surgery to his low back called a fusion. This surgery involves putting the client under anesthesia, cutting open his low back and drilling into his spine with plates, rods and screws. The client advised me that he was freaked out by the thought of surgery but the insurance company was pressuring him and his boss told him he didn't know how long his position could be held open. He wanted to treat but he did not want the surgery and was afraid of losing the medical care and work comp checks.

In Florida, an injured worker cannot be forced to undergo any treatment against their will. Even if an authorized workers' compensation doctor recommends such care, an injured worker can choose not to treat. In these situations the insurance company may try to pressure you like they did the client I mentioned above. Do not allow the workers' compensation insurance company, or your employer, to threaten you with scare tactics and pressure you to have any medical care you do not wish to receive.

As experienced workers' compensation attorneys we deal with situations like this on a daily basis. We know the law and are able to help our clients make informed decisions about their options including what to do when the insurance company tries to force you to do something you don't want to do.

The attorney's here at the Law Offices of Franks & Koenig are here to help injured workers' face these difficult decisions. If you or a loved one has been hurt at work, one of the experienced workers' compensation attorneys at the Law Offices of Franks & Koenig is waiting to speak with you for a free and confidential consultation. Why wait? Call today. Hurt at Work? We Can Help! 1-(877) WE-CAN-HELP (1-877-932-2643).

The Florida Department of Financial Services provided an annual increase in the weekly compensation rate that injured employees are paid if placed on a no work status by an authorized workers' compensation doctor. If placed on a no-work status, inured workers are eligible to collect indemnity benefits (lost wage checks) which are calculated at 66 2/3% of an injured workers' average weekly wage. These benefits are called Temporary Total Disability benefits. The maximum weekly amount that an injured worker can receive if placed on a no work status is $803.00, if the injury occurred in 2012. The maximum weekly compensation rate in 2011 was $782.00.

Read the memo here

If you or a loved one has been hurt at work, one of the experienced workers' compensation attorneys at the Law Offices of Franks & Koenig is waiting to speak with you for a free and confidential consultation. Why wait? Call today.
Hurt at Work? We Can Help! 1-(877) WE-CAN-HELP (1-877-932-2643)

A West Palm Beach judge recently ruled in favor of an injured utility worker who suffered extensive injuries to his low back after lifting a pallet at work. The employee initially obtained treatment with various doctors until ultimately coming under the care of a pain management physician and a spine surgeon. These two doctors provided several different courses of treatment including facet injections and epidural steroid injections. After exhausting all non-invasive care, the spine surgeon performed an L4-5 microdiscectomy on the injured worker's low back.

Following the surgery, the injured utility worker continued to experience low back pain consistent with facet joint related pain. Facet joint disorders are some of the most common recurrent disabling low back problems and can cause serious symptoms and disability. The authorized pain management physician recommended a course of post-surgical facet injections which were authorized and paid for by the workers' compensation insurance company. The injured worker was able to enjoy 48 hours of relief before the pain returned. Based on the failed course of care up to that point, the pain management doctor recommended a Radio Frequency Ablation (RFA).

The RFA, or rhizotomy, is a minimally invasive procedure where the patient remains awake throughout the process. RFAs are used by pain management doctors to treat severe chronic pain in the lower back and neck. A device is used to create radio frequency waves which produce heat that is directed to the nerves surrounding the facet joints on either side of the lumbar spine. The heat destroys the nerves ability to transmit pain signals to the brain.

However, the workers' compensation insurance company denied the RFA stating that the test was not medically necessary and the need for the procedure was not related to the workplace accident. The insurance company obtained a medical expert who questioned the injured worker's truthfulness and mistakenly testified that the injured employee did not need the RFA because he did not have pain relief after the facet injections notwithstanding the fact that the evidence demonstrated he did have pain relief.

If you have been hurt at work, you may be entitled to certain benefits such as medical care, lost wages, impairment income, vocational retraining, medications, mileage reimbursements, settlements and more. However, the insurance companies won't voluntarily give you many of these benefits. At the Law Offices of Franks & Koenig it is our job to fight to maximize each benefit you are entitled to under the law.

Florida's workers' compensation law requires insurance companies to provide injured employees access to medical care after being hurt at work they might not be able to afford if they did not have health insurance. If the injured employee is taken out of work, or returned to work with restrictions that the employer cannot accommodate, we can help obtain lost wages that might not otherwise be available if an employee did not have some type of income disability insurance policy.

In Florida, as in most other state's workers' compensation systems, a worker injured on the job does not have to prove another party was at fault like a plaintiff would in a non-work related accident (think of motor vehicle accidents or slip and fall accidents at a grocery store or movie theater). Even if the accident was caused by the injured worker themselves, workers' compensation insurance must provide benefits (presuming the worker was not intoxicated or failed to use safety equipment).

In exchange for not having to prove another party's fault, injured workers in the workers' compensation system are not able to collect money for damages like pain and suffering, loss of enjoyment of life or loss of future income or earning capacity.

If you or a loved one has been hurt at work, please feel free to call today for a free and confidential consultation. An experienced workers' compensation attorney at the Law Offices of Franks & Koenig is waiting to speak with you today.

A signature issue for Gov. Rick Scott, the executive order requiring random drug testing of many current state employees as well as pre-hire testing for applicants was declared unconstitutional by a Miami federal judge today.

U.S. District Judge Ursula Ungaro ruled that blanket testing of Florida's state employees violates the Fourth Amendment ban on unreasonable searches and seizures. The ruling could eventually have an impact on a new state law also permitting random worker drug testing.

Scott's order was challenged by a labor union representing government workers and the American Civil Liberties Union. They contended that drug testing should only be done if there is a suspected problem and in safety-related and high-risk jobs.

Lawyers for the governor contend that objecting workers are free to quit and job applicants could choose to find employment elsewhere.

Scott suspended the order in June because of the lawsuit.

Link

An Orlando motorcycle mechanic and training instructor suffered several injuries while employed with Universal Technical Institute (UTI) over the past eleven years. In 2003 he suffered injuries to his head, in 2005 he injured his low back while lifting, in 2009 he injured his left hand, elbow, wrist and shoulder resulting in multiple surgeries and on March 10, 2011 he injured his back while lifting a motorcycle engine.

Following the injury, the claimant felt no back pain; he simply heard a "clunck", though he did feel pain in the hip and calf. More than a week later his supervisor noticed he was limping and inquired as to the cause of the problem. The claimant advised that he didn't know what he had done. He had surgery related to the 2009 accident and then returned to work for two days before being fired for a, "reduction in force."

In June, 2011, just days after being terminated, he saw his family doctor who ordered an MRI which revealed two herniated discs and he was referred to a spine surgeon. He then saw the doctor workers' compensation had provided for his 2005 back injury. This physician advised him the damage in his back was caused by the 3/10/11 work accident.

In June or July of 2011 he called the Human Resources department for UTI and reported the 3/10/11 injury. When asked why it took so long to report the accident he advised that he did not realize the extent of the 2011 injury due to the pain medication he was taking from a prior work accident and not until told by his family physician.

UTI's workers' compensation insurance company denied the accident based on a lack of reporting and notice defense and refused to provide medical or lost wage benefits.

On March 30, 2012, an Orlando Judge of Compensation Claims awarded 56 year-old firefighter a 25% permanent impairment rating and ordered the workers' compensation carrier to pay Miller 85 weeks of impairment income benefits.

Employed with Orange County Fire & Rescue since 1985, the claimant suffered heart palpitations in 2007 resulting in hospitalization and treatment with a local cardiologist. Several diagnostic studies confirmed a diagnosis of paroxysmal atrial fibrillation.

The claimant, who was released from the hospital with prescriptions for Coumadin and Digoxin, filed a claim with the Fire Department's workers' compensation insurance carrier. The carrier denied the claim and Miller returned to work and stopped taking the medications.

The claimant suffered a second episode at work approximately two years later in the summer of 2009. He was admitted to a local hospital for several days while doctors tested his heart and monitored his condition. The claimant was again released with medications after conflicting diagnostic studies as to the paroxysmal atrial fibrillation. The claimant filed a new workers' compensation claim and on this occasion the workers' compensation insurance carrier agreed to accept compensability and provide benefits.

Dr. Michael A. Nocero, a board certified cardiologist, was authorized to provide care. Following his examination Dr. Nocero confirmed the paroxysmal atrial fibrillation diagnosis, prescribed new medications and returned Miller to work. In deposition, Dr. Nocero testified he found no evidence of valvular heart disease, hypertension, cardiomyopathy or coronary artery disease.

The claimant received regular EKG's every six months for the next two years with normal results. Dr. Norcero prescribed Sotalol, an antiarrythmic that helps the heart produce a regular sinus rhythm. However, the claimant testified that even with the medically necessary medication he continued to experience heart palpitations and heart irregularity.

On July 26, 2007, David Barone, a 59 year-old New Smyrna Beach, Florida construction worker, fell approximately 20 feet from a platform resulting in a shattered right heel and multiple left foot fractures. The accident was accepted as compensable and the workers' compensation carrier provided several unsuccessful open reduction surgeries. Over the course of several years the fractures resulted in non-unions (a failure of healing following a broken bone) causing a permanent injury.

The insurance company asserted multiple defenses, including an apportionment argument which would result in another employer and carrier (or possibly the injured worker himself) being financially responsible for payment of a portion or possibly all of the medical and lost wage benefits. The Honorable Robert McAliley denied the carrier's attempt to continue the hearing finding that they had sufficient time, knowledge and opportunity to, "flush out the issue well before the motion to continue was filed."

In reviewing the facts of the case, Judge McAliley stated that Barone had climbed a 24 foot ladder and was standing on a platform to pour structural concrete when the platform gave way and he fell to the ground below. He was immediately taken to a local hospital and operated on by a board-certified Orthopedic surgeon to repair a divergent left foot Lisfranc fracture and a displaced right foot cuboid with calcaneus fracture. Barone was discharged and given non-weight bearing restrictions and returned to work at Kennedy. In November 2007, he had a pin removed and was returned to work at a sit down job. In February 2008, x-rays revealed bending of the pins in the right foot indicating a non-union resulting in further surgery and insertion of a plate. In 2009, Barone began working for a new company as a seasonal supervisor which he described as a light job. By September 2010, signs of post traumatic degenerative changes on x-rays were seen and in December 2010, the prior surgery was repeated. By July 15, 2011, the surgeon states Barone "is a disabled person."

Allegations contained in lawsuits from 19 past and present employees who worked in the Broward County courthouse claim toxic substances in the building are have made them sick. The injured employees claim the courthouse, located in Fort Lauderdale, Florida, is contaminated with toxic mold and asbestos.

The plaintiffs are being represented by former state Senator and attorney Skip Campbell who stated in a newspaper article that he believes Broward County has, "totally neglected this courthouse." Allegedly, the downtown Fort Lauderdale courthouse has toxic fibers and mold in the air. These dangerous materials are exposing both employees and the public to health risks. Attorney Campbell is quoted as saying the county is, "...not doing their job."

The plaintiffs who have been exposed to the alleged toxic substances are seeking medical care, financial compensation and asked that all employees be removed from the alleged sick building.

Two years ago the Broward County commissioners were in agreement to destroy the 50 year-old building and construct a new $328 million dollar courthouse. However, the new building remains in limbo while potential new exposure claims are pending.

At a public hearing held two years ago attorney Howard Pomerantz said that, "People are afraid to go in there," and that, "I can't imagine how people who are considering becoming judges in the future feel, putting their health at issue coming in to this building." Broward County Commissioner Kristin Jacobs said, "Everybody agrees it's a sick building." Clerk of Courts Howard Forman said before the commission's "yes" vote (to rebuild the building) that, "it hasn't been maintained well. I mean, that's no secret."

In the article, Broward County officials advised the newspaper that the courthouse is a, "safe place to work" and that documents filed by the County with the court denies the presence of asbestos and toxic mold.

Recently, an injured employee from Miami, Florida called seeking advice about an injury she suffered in Broward County, Florida. After speaking with this very nice woman for a few minutes, I realized one of her main concerns was how she was going to pay for an attorney's services. Apparently, following the filing of the workers' compensation incident form by her employer, she began receiving letters from attorneys offering their services. When she called one of the attorney's offices she was told she would have to pay a fee to speak with a live attorney, but that in doing so this attorney would be able to get her all kinds of benefits. I advised her that we never charge a consultation fee and we don't make promises without even speaking to a potential client. I explained how we work on a contingency fee basis; that means we don't take any money from a client as an up-front charge and we only get paid if we win your case.

Effective June 17, 2011, Governor Rick Scott signed into law a bill that authorizes payment of workers' compensation lost wage benefits on a prepaid card under certain circumstances. The bill allows workers' compensation insurance companies to make payments of lost wages in the form of a pre-paid debit card. An injured worker choosing the pre-paid debit card, must be able to have at least one means of accessing weekly benefits without incurring fees and  cannot make purchases which will cause any fees to the financial institution issuing the card.
This means no more waiting at the mailbox for checks or endless phone calls and voice messages to adjusters tracking down your missing or late lost wages. We can help you obtain a pre-paid credit card just like a bank would issue a debit card.

If you have a workplace accident, exposure, or injury, your employer's workers' compensation company  may be required to pay for your lost time and medical care, with a few exception.

In the event of an accident at work, remember these rules:

1.  Notify your employer of all work injuries immediately. Failure to fill out an accident report could jeopardize your claim. Putting the details of the incident in writing and asking for the report to be placed in your personnel file will prevent the employer from denying your reporting.

2. File an Incident or Accident Report with the employer. This form officially puts all parties on notice and must be sent to the workers' compensation company.

3. Obtain medical treatment as soon as possible. All parties will look back to the first medical report after an injury. Make sure to advise the doctor or clinic that  you were hurt at work and indicate all body parts injured, even if only minimally. This is especially true when you first visit a hospital, emergency room or non-workers' compensation doctor.

4. Contact the insurance adjuster about receiving benefits. Be proactive with your case. If in doubt about how to handle these discussions, contact an attorney who can apprise you of your case.

5.  Discuss in detail medical options with your doctor. Do not be afraid to learn about your medical condition.

6. Keep your employer updated about your disability status and when you are released for work. If you are injured, but able to return to restricted work, you may be owed additional benefits if you do not make 80% of your pre-injury wages. If you don't advise your employer of your restrictions, the insurance company can deny you lost wage benefits.

7. Keep track of attempts to seek employment. If you are no longer working for the employer where you were injured you should look for work elsewhere.  It shows you are being proactive and

judges like to see this activity. Keep a journal of dates, jobs you applied to or spoke with, names of people you spoke with and what they said. If you submit online applications keep track of these and make sure to follow up with a phone call or additional e-mail whenever possible.

8. Consult an Experienced Attorney. Many injured employees try to handle the issues surrounding their work injury alone. This will often result in disaster. Call an attorney right away so you can obtain all of the benefits  you are entitled.

9. Never settle your case without consulting a lawyer. An attorney can help you determine your future risk and rights and evaluate your case to obtain a fair settlement on your behalf, including many benefits the insurance company will never let you know exist.

After being hurt at work the first thing you want is medical care and assurances your lost wages will be paid until you are able to return to work. Unfortunately, most insurance companies care more about saving money than spending it on you.

As you watch your bills pile up, the insurance company is taking their time investigating the accident. This can place an incredible burden on both your finances and state of mind as you are left to waiting for both a doctor's appointment and a check for time missed from work. It may feel like pursuing your workers' compensation benefits has turned into a full-time job.  Without an attorney, many injured employees are left for weeks or months without the appropriate care they need.

Here at The Law Offices of Franks & Koenig we are experienced in dealing with the insurance companies and obtaining medical care and lost wages. We can help you with the process of obtaining medical treatment and lost wages, a process that is nearly impossible to navigate alone.  Also, many insurance companies will attempt to settle with you directly for an amount that is completely unreasonable.  In almost every case, having an experienced workers' compensation attorney will ensure that you are not being taken advantage of by the insurance company.

Finding the right attorney can be a daunting and scary process. Most clients I meet for the first time say the same thing, "I never thought I would have to hire an attorney, but...."

Does this sound familiar? If it does, that is good thing. Though many people see movies, television shows or news reports of lawsuits, the majority of people are lucky in that they never had to hire or consult an attorney. However, after being hurt at work, it is essential to hire an attorney as early as possible.

While the right lawyer can mean the difference between benefits or nothing at all, many people have no idea what makes a good attorney or what is important in the hiring process. Finding the right lawyer can be easier if you follow these simple rules:

First, stick with your gut. If you don't feel comfortable with the person you speak with, you are probably right.

Second, find out what qualifications the law firm holds? The Law Offices of Franks & Koenig is an AV rated law firm (this is the highest rating an attorney can achieve) and we are proud to have a board certified workers' compensation lawyer and expert as part of our team.

Third, find out if the attorney will handle the claim to the end. Some law firms handle cases until a trial is pending and then send the case out to another law firm. Here at The Law Offices of Franks & Koenig all of the attorney's are experienced litigators with more than 50 years of combined experience throughout Florida, Georgia, Illinois, New York and North and South Carolina.  We handle your claim all the way and do not bail out when times get tough.

Fourth,  ask if the lawyer or the law firm practice other areas of the law? For many law firms, their workers' compensation practice is very small and has limited resources. Consequently, their ability to spend time and money on you may be sacrificed if they feel a bigger payday might be recovered on a non-workers' compensation claim. Here at The Law Offices of Franks & Koenig, we specialize in Workers' Compensation law. This means our attorneys  focus solely on your workers' compensation claim by providing a focused approach in representing your interests against the workers' compensation insurance companies without distraction.

Finally, once you have hired an attorney, ask questions about your claim. Remember, an attorney cannot advise you on your claim if you haven't hired them. However, once you hire  an attorney, make sure they speak with you about what to expect. I always spend time explaining the worker's compensation system and what will happen in the coming weeks and months. I also tell my clients that after we meet and they are home later that night they will probably have 20 questions they forgot to ask.  That's ok. Write them down and call me the next day so we can discuss their concerns. Having a realistic understanding of what can and cannot be done under your state's workers' compensation  law is an essential element of a good attorney. If your attorney doesn't explain it to you, who will?

Work injuries can be the result of an immediate accident, the result of repetitive work activities or exposure to toxic chemicals or substances. Common work injuries for which your employer's workers' compensation insurance company should provide medical care and lost wages include:

• Car Accidents – It doesn’t matter if you were ticketed!

• Spine Injuries – Low back (Lumbar), Mid Back Thoracic) and Neck (Cervical)

• Shoulder injuries (think nursing or child care, activities that involve repetitive lifting, turning, pushing or pulling)

• Psychological disorders (The law requires an actual touching; a gun held inches from your head is not enough!)
• Amputation
• Carpal Tunnel Syndrome
• Concussions
• Head Injuries
• Exposure to toxins: Chemicals or Mold
• Burns
• Traumatic brain injury
• Abrasions
• Broken bones
• Dislocations
• Hearing loss