The Florida Workers’ Compensation Act can be described as a complicated law with rules and court rulings. It is difficult for the injured worker to understand. What you need to know as an injured worker is that this is probably the first time you have dealt with complexities of the workers’ compensation law. However, the employees of the insurance company such as the adjuster on your case and your nurse case manager have dealt with these laws many times. Your injury is probably not unique…so be careful that you know the law before you make any decisions or before you agree to anything the adjuster may tell you. Hiring a workers’ compensation lawyer can help ensure that your rights are protected. Here are a few examples.
Under Florida law, your employer has the right to designate a doctor for you when you report your injury. However, if your employer doesn’t tell you what doctor to go to, you may have the right to choose a doctor. Keep in mind, though, that whether your employer chooses a doctor or you do, once that choice is made, the doctor can only be changed ONCE and the employer again has the choice UNLESS you pick someone specific and put it in writing. Then and only then do you have a chance of selecting your own doctor. An insurance adjuster may tell you that they are changing your doctor for a variety of reasons. Unless you agree to the change, you are probably not obligated to change doctors. But remember, if you go that new doctor and he treats you, the law probably views this as you consenting to the change of physicians.If you have questions regarding these or other issues, contact our firm for a free consultation. Call our Ft. Lauderdale, Florida office at 954-689-0708, or fill out the contact form. We look forward to hearing from you.
Reimbursement for your mileage to and from medical treatment is considered a medical benefit. This includes mileage to any treatment prescribed by your doctor. If you are sent to physical therapy, or to a health club, you are entitled to be paid for your mileage. Remember to keep track of the miles to and from medical treatment and submit them to the insurance carrier for payment on a regular basis. It often takes two weeks or more for this mileage to be paid, so try to send in your mileage record regularly. The Law Office of Joan Dymond Horenstein in Ft. Lauderdale, Florida, specializing in workers’ compensation, has mileage forms that you can use.If you have questions regarding these or other issues, contact our firm for a free consultation. Call our Ft. Lauderdale, Florida office at 954-689-0708, or fill out the contact form. We look forward to hearing from you.back to top
Fringe Benefits and Your Average Weekly Wage
The wage loss benefits you receive for your time off work are based upon your average weekly wage. For example, if your doctor’s restrictions prevent you from working, you are entitled to receive two-thirds of your average weekly wage in temporary total disability benefits, up to a yearly-adjuster limit. Fringe benefits that you receive as part of your pay package, but which you don’t get when you are off work, can be included in the calculation of your average weekly wage. For example, if your employer-paid insurance is terminated because you are off work, the cost of that insurance should be included in your average weekly wage. The same is true with employer-provided meals and lodging. Make sure that your adjuster knows that you have lost these benefits and what it would cost you to replace them so that you will receive the correct amount of temporary total disability benefits. A workers’ compensation attorney can help you decide which benefits you are entitled to be compensated for. If you have questions on your fringe benefits, please call The Law Office of Joan Dymond Horenstein in Ft. Lauderdale, Florida.These are just a few examples of the rights you have that might go unprotected. Remember, unlike you, the adjuster has dealt with these things many times. If you have questions regarding these or other issues, contact our firm for a free consultation. Call our Ft. Lauderdale, Florida office at 954-689-0708, or fill out the contact form. We look forward to hearing from you.back to top
Attendant Care BenefitsIf your injury prevents you from taking care of your daily needs, like bathing, dressing, cooking, and driving to the store to get your medications, you may be entitled to attendant care. Often, injured workers need such care after surgery. The services can be provided by a family member who will be paid for their time or by an agency if you required skilled nursing care or live alone. The insurance company may not advise you of this right and you may struggle alone to cope with your disability. Make sure you ask you authorized treating doctor for a prescription for attendant care before your surgery or when you need it and provide the note from your doctor to your adjuster.
The Law Office of Joan Dymond Horenstein, P.A. Florida Workers’ Compensation Lawyer 5210 South University Drive, Suite 102 Davie, FL 33328
Phone: 954-689-0708
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Joan Dymond Horenstein, P.A. Serving the people of Broward, Palm Beach & Miami-Dade Counties. Workers’ compensation lawyer in South Florida, including Davie, Miami, Fort Lauderdale, Sunrise, Weston, Boca Raton, Plantation, Port St. Lucie, Coral Springs, Wellington, Jupiter, Miramar, West Palm Beach, Hialeah, Pembroke Pines, Homestead, Naples, Bonita Springs, Ft. Myers, and Sarasota.
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