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Florida Workers’ Compensation FAQs

Q

Why do I need an attorney if the insurance agency has already offered to compensate me?

A
Insurance companies will do everything in their power to compensate you, but not fairly. They want to minimize their responsibility and the compensation you receive. Section 440 of the Florida law outlines the classes of benefits that you may be entitled to. An attorney will get you the compensation you deserve and need to get your life back on track.
Q

How should I deal with my employer and adjuster after a work-related injury?

A
Remember that in most instances, your employer and the insurance carrier will be working together to minimize the value of your claim. As such, be honest and forthright at all times but also understand that all communication with your employer or insurance adjuster can be used against you. Therefore, try to limit your discussions to the specifics of your job and medical treatment. Never discuss the status of your claim with your employer and never give a recorded interview to the Carrier. We will help you handle all correspondence and communication with your employer and carrier.
Q

Can I choose my own doctor?

A
Under Florida law, the insurance company has the right to select your physicians. As such, in most cases, your workers compensation doctors will be ones that the insurance company knows will provide you with minimal treatment, testing and ones who will recommend that you return to work, even before you are medically able. There are provisions in the workers compensation laws which allow you to see alternative physicians who will give you a fair and accurate diagnosis of your medical condition.
Q

What health and monetary compensation can I receive due to my injury?

A
Florida laws identify the various types of benefits to which you may be entitled. However, the amount of compensation to which you will be entitled will depend on several factors, including the type of injury, how it occurred, and more importantly, the type of legal representation you receive. Seeking immediate representation from an attorney is critical in the process. There are various considerations that need to be taken into account in regard to the injury. Our investigation of the injury, your medical prognosis, and your ability to return to work will all affect the compensation you receive.
Q

What sort of legal rights do I have in the case of a serious injury (brain damage, paralysis, herniated disc, etc.)?

A
Depending on the extent of the injury, there are many benefits to which you may be entitled. The Florida laws provide potential types of medical benefits, including specialized transportation, home modifications, rehabilitation, diagnostic testing, therapy and other types of treatment. Be assured that your insurance carrier is well familiar with everything you may be entitled. We will ensure that you receive every type of benefit to which you are entitled.
Q

How do I find an attorney that will represent me?

A
There are numerous considerations when choosing legal representation. The first step in choosing an attorney is making sure the attorney specializes only in Workers’ Compensation cases. The workers’ compensation laws are specialized, difficult, and very specific.
You need an attorney who has the skills, knowledge, and experience in working with injured workers. Once you decide on the appropriate workers’ compensation specialist, you need to determine the experience and expertise that the attorney has in dealing with injuries similar to your claim. Finally, make sure you discuss the costs and fees associated with the attorney up front and agree on a contract of representation before any work occurs.
Q

How do I know if I’m receiving the compensation legally required by law from the insurance agency and/or my employer?

A
The only way to know for sure is to discuss this with a specialized workers’ compensation attorney who has experience dealing with cases like yours. Do not rely on the representation of your employer or insurance adjuster. ALWAYS assume that they are not providing you with all of the information you need to be protected.
The insurance company considers you a file and is working to close your “file” as quickly as possible, with the least medical treatment involved and for the least amount of money. An attorney can help you understand your rights and legal entitlements. The faster you reach out to one, the better chance of you getting the benefits to which you deserve and are entitled. You need an attorney who has the skills, knowledge, and experience in working with injured workers. Once you decide on the appropriate workers’ compensation specialist, you need to determine the experience and expertise that the attorney has in dealing with injuries similar to your claim. Finally, make sure you discuss the costs and fees associated with the attorney up front and agree on a contract of representation before any work occurs.
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