March 14, 2014

West Palm Beach Workers' Compensation Judge Rules Injured Worker Not a Fraud



A West Palm Beach Workers' Compensation Judge recently granted compensability of a right hand injury and awarded medical care, lost wages, penalties and interest after finding that the injured worker had not intentionally misrepresented his medical history.

The workers' compensation insurance company and their defense attorney attacked the injured worker, attempting to take advantage of the fact he only had a 10th grade education. The insurance company alleged that the injured worker had somehow intentionally failed to disclose to doctors the existence of injuries and accidents that occurred prior to his work place accident

The Judge reviewed the evidence, including medical records, doctor depositions and the claimant's testimony and concluded that the injured worker had not committed fraud. Specifically, the West Palm Beach Workers' Compensation Judge found that the doctors failed to inquire as to the specific facts of any prior accidents or injuries and that based on his limited education, the injured worker had not knowingly and intentionally provided false or misleading information for the purpose of securing workers' compensation benefits.

The Judge also denied the insurance company's claim that the injured worker had misrepresented his past medical history while attempting to obtain employment. Such a ruling could have allowed the workers' compensation carrier to deny compensability, medical care and lost wages.


If you feel that your benefits have been unfairly terminated, or that you are wrongfully being accused of something you did not do, contact us right away. If you are hurt at work, we can help.

March 12, 2014

Can I Settle My Florida Workers' Compensation Case?



A settlement means that in exchange for workers' compensation paying you money, you agree to give up the right to have the workers' compensation insurance company pay for any medical care or lost wage benefits. Forever.

In Florida, a Judge of Compensation Claims does not have the power (or jurisdiction) to award a lump sum amount of money to an injured worker or tell an injured worker how much their case is worth. A settlement is voluntary and can only be reached by the agreement of both parties. This applies whether you live in Miami, West Palm Beach, Palm Beach Gardens, Melbourne, Orlando, Tampa or Jacksonville.

Some cases settle the day after we are hired. Some cases settle in the weeks or months after we are retained. And some cases can last literally decades before they settle.

The time to settle is really when you, the injured worker, are ready to move on from workers' compensation. This can be both the best and most difficult decision possible.

In our experience, having a workers' compensation attorney fighting to maximize your case value will virtually always result in you getting more money in a workers' compensation settlement.

If you are thinking about settling your Florida workers' compensation case, or simply wondering when the best time to settle you workers' compensation case would be, then it is time for you to call one of our experienced and dedicated workers' compensation attorneys. You could go it alone, but why would you want to?

If you think it may be time to consider a workers' compensation settlement, call us today.

March 8, 2014

Workers' Compensation Injuries in Florida: What Do You Mean Preexisting?



In Florida, the laws are written in such a fashion that allows workers' compensation doctors to say that the need for treatment following an accident is not the injury itself, but rather a preexisting injury or condition. The problem is that the injured worker never knew that they had a prior injury or condition and most likely never had any pain before being hurt at work.

We hear this all the time. It is something that workers' compensation doctors do when they do not want to provide further care. This

Not all doctors who take workers' compensation patients are like this. Many are fair and thorough and will do all that they can to help injured workers. However, when faced with a workers' compensation doctor who has no interest in helping you, it is time to help yourself. This will require you to obtain an experienced workers' compensation attorney. The longer you delay, the worse it can get when it comes to obtaining alternative medical care.

Don't let the bad apples deter you from obtaining the medical care to which you are entitled. You deserve to treat with doctors who care about you and not just about the almighty dollar. If you feel your workers' compensation doctor is not giving you a chance, contact us right away. We are here to help you get the best care possible under Florida's workers' compensation legal system.

March 5, 2014

Why Won't The Florida's Workers' Compensation Adjuster Authorize My Medications?



Authorization of medications is simple to provide and easy to authorize for a Florida workers' compensation insurance company. All they need is a doctor's name and a copy of the prescription and the workers' compensation adjuster can either fax authorization directly to the pharmacy or have an authorized vendor send in the ok.

Unfortunately, we hear on an almost daily basis how injured workers cannot obtain their medications and are often forced to pay out of pocket to get the medicine they need. When a workers' compensation adjuster fails to provide authorization for medications, a timely response is essential. It may take some time to get the authorization processed. If there is a problem getting your medications from the pharmacy, you need an experienced workers' compensation attorney to intervene on your behalf right away.

An injured worker should never have to pay out of pocket for medications prescribed by an authorized workers' compensation doctor. We make sure that any monies that were expended by our clients to pay for medications are reimbursed by the insurance company. We also ensure that the problem is corrected so the next time an injured worker goes to get their medications they are provided without delay or cost to the client.

There is no reason why you should not have the medications you need after being injured at work in Florida. If you feel that your medications are being withheld, or if you paid out of pocket for medications that you feel workers' compensation should have paid for, call us right away.

February 28, 2014

Florida Workers' Compensation Checks - Why Am I Getting Less Money?



We regularly get asked this question. It goes something like this:

I was getting $(XXX.XX) every two weeks and now I am getting less. WHAT HAPPENED?

The answer is that your workers' compensation doctor changed your work status.

For example,when your work status is changed from "no work" to some type of limited return-to-work status, Florida law allows the workers' compensation insurance company to pay you less.

When your employer cannot accommodate your work restrictions the workers' compensation insurance company must send you checks. However, these checks are paid at a lower percentage than if you were on a "no work" status. This means a reduction in the amount of money you will receive.

While this transition should be a simple one, it is often anything but simple. We have found that many injured workers are paid incorrectly or not paid at all. An experienced workers' compensation attorney can ensure that the lost wages and indemnity benefits to which you may be entitled are paid timely and correctly.

A reduction in the amount paid by workers' compensation may occur when income impairment benefits are paid. Florida places a burden on the workers' compensation insurance companies to pay money to injured workers based on a permanent impairment rating (PIR). The PIR is assigned at the time an authorized workers' compensation doctor (or doctors) places an injured worker at maximum medical improvement (MMI). Once placed at MMI, indemnity checks cease and a new type of check is issued. These checks are paid for a fixed duration based on the percentage of impairment assigned. The amount will differ depending on certain facts such as whether the injured worker is employed and if so, how much they are earning.

February 26, 2014

My Florida Workers' Compensation Insurance Company Won't Pay For My Medications - What Do I Do?



Florida law requires that your employer's workers' compensation company pay 100% of all medications prescribed by an authorized workers' compensation doctor.

However, we routinely receive calls from distraught, upset and frustrated clients who can't get their medications. Some injured workers advise us that they had to pay for their medications while others tell us that the pharmacy cannot release the medications because the doctors are not approved by workers' compensation. We have seen medications that have been denied for months, have seen pharmacies that refuse to give medication because workers' compensation fails to pay them for the medication and even seen medication denied by workers' compensation in the hours following a surgery.

This is not how workers' compensation in Florida should work. Work comp should be a self executing system that automatically provides the care you need: you get sent to a doctor, the doctor recommends medicine and you go get the medicine. Unfortunately, this is not always reality when treating under workers' compensation in Florida.

Reality in a Florida workers' compensation case is that injured workers need an attorney to recover their benefits, including medications. We are constantly contacting adjusters, nurse case managers, pharmacies and medication service vendors to either obtain authorization for pharmacies to fill medications or to reimburse injured workers for monies they were wrongfully forced to spend.

There should be no out of pocket charges to get medication from a pharmacy if recommended by a work comp doctor. If your medications are being denied, do not delay. Contact an experienced workers' compensation attorney immediately. If you have spent any money at all on medications that workers' compensation should have paid for, call us today. We have successfully obtained reimbursement for our clients when they were improperly forced to pay for medications prescribed by their workers' compensation doctors. Let us help you too.

February 20, 2014

Why Should I Treat With A Florida Workers' Compensation Doctor?



The unfortunate answer is that these are the only doctors whose opinions will be considered by a Florida workers' compensation Judge or the insurance company when it comes time to providing medical care. Yes, you can hire an expert, and yes, if there is a difference of opinions between doctors the Judge might award a tie-breaker opinion, but these are not treaters who provide ongoing care.

Florida's workers' compensation laws are complex and confusing, and what seems like a logical decision can affect your entire case. When considering treating with non workers' compensation doctors, you need to weigh the risks and the rewards of such action. When you treat with a personal doctor, rather than the doctor provided by the workers' compensation insurance company, you risk losing the right to workers' compensation benefits including medical care and lost wages.

If you are not satisfied with the doctor provided to you by your workers' compensation insurance company, you are not alone. If you are considering obtaining medical care outside of the doctors provided by work comp, it is essential that you consult with an experienced workers' compensation attorney right away. Do not risk losing the right to obtain the benefits to which you may be entitled to under the law.

If you have concerns about treating with a workers' compensation doctor call us right away. We can help you determine the best course of action for you and your workers' compensation case.

Areas We Service: Florida and Georgia. Injured in Georgia? Visit our Atlanta Injury Lawyer.

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Recent Entries

March 14, 2014
West Palm Beach Workers' Compensation Judge Rules Injured Worker Not a Fraud
A West Palm Beach Workers' Compensation Judge recently granted compensability of a right hand injury...

March 12, 2014
Can I Settle My Florida Workers' Compensation Case?
A settlement means that in exchange for workers' compensation paying you money, you agree to...

March 8, 2014
Workers' Compensation Injuries in Florida: What Do You Mean Preexisting?
In Florida, the laws are written in such a fashion that allows workers' compensation doctors...

March 5, 2014
Why Won't The Florida's Workers' Compensation Adjuster Authorize My Medications?
Authorization of medications is simple to provide and easy to authorize for a Florida workers'...

February 28, 2014
Florida Workers' Compensation Checks - Why Am I Getting Less Money?
We regularly get asked this question. It goes something like this: I was getting $(XXX.XX)...

February 26, 2014
My Florida Workers' Compensation Insurance Company Won't Pay For My Medications - What Do I Do?
Florida law requires that your employer's workers' compensation company pay 100% of all medications prescribed...