Can I Get a Second Opinion In My Workers’ Comp Case?

Disputes are common among workers’ comp cases.

Here are the steps to take if you want a second opinion on your workers’ comp injury.

 

When it comes to healthcare, most Americans are used to being able to choose which doctor they see.

Even when insurance companies require you to select from their in-network providers, you typically have myriad options to choose from. So it might come as a surprise to find that the insurance company is responsible for choosing the authorized treating physician in your workers’ comp claim.

But does that mean you can’t request a second opinion?

Florida’s workers’ compensation law does provide you the opportunity to get a second opinion if you are not satisfied with the treatment your authorized treating physician is giving you.  However, we don’t call it a “second opinion.”  It is called your “one-time change in treating physicians.”

Maybe you feel that the doctor is siding with the insurance company rather than listening to your concerns. Perhaps you’re simply not getting any better, despite lengthy treatment. Alternatively, you might think that your doctor’s recommendations are too aggressive and you’d like to see if a gentler approach would be effective.

Whatever your reasons for considering seeking an alternate medical opinion, you are entitled to understand your rights in your workers’ comp case. In this article, we’ll explain various options available to you for getting another medical opinion from a workers’ comp doctor.

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10 Workers' Compensation Myths Debunked
10 Workers’ Compensation Myths (Debunked!)

What you don’t know can hurt you.

Allow us to debunk 10 of the most common workers compensation myths.

 

Whether you’ve been injured at work or not, you’ve probably heard some rumors, myths, and misinformation about workers comp during your break around the water cooler. Perhaps there’s even been some talk surrounding a co-worker who took time off due to an injury.

But gossip and hearsay are no substitute for solid legal advice.

In this article, workers compensation attorney Brian D. Tadros will dispel some of the most common workers compensation myths. Read more

I Was Injured At Work...What Are My Rights?
I Was Injured at Work, What Are My Rights?

If you’ve suffered from a major injury or even something like carpal tunnel syndrome, you may be asking yourself, “I was injured at work, what are my rights?”

There’s a reason this question is so important.

The average payout for workers’ compensation claims ranges from $30,000 to $100,000. If you’re injured on the job and you don’t understand how to get what’s legally owed to you, you could miss out on the benefits you deserve.

Workers’ compensation laws generally vary from state to state. Following are the most important rights that injured workers have in the state of Florida.

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When To Hire a Workers’ Comp Lawyer

The workers’ compensation system is in place to protect workers via employer-paid insurance policies to ensure payment of lost wages and medical bills for injured employees. The concept is straightforward, but the wide variety of injuries and circumstances create a complicated field of options for anyone to wrap their head around. 

In some cases, you may not even need a work injury lawyer because the insurance company will simply pay appropriately. For example, if your injuries were clearly work-related, don’t require extensive medical treatment, or don’t require extended periods of time off work, you may not need the help of a workers’ comp attorney. 

However, if there is ever a dispute with the insurance company, a workers’ comp lawyer is going to become your newest, best friend.

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"Are My Workers' Comp Payments Correct?" Here's how to tell.
Are My Workers’ Comp Payments Correct?

“I’ve been receiving checks from the workers’ comp insurance company ever since my workplace injury, but these payments seem a little low. Are my workers’ comp payments correct?” 

In workers’ comp cases, the rate at which your compensation benefits are determined stems from first calculating your average weekly wage (AWW). But your AWW can be calculated in different ways, depending on the facts of your individual case.

Because there is more than one way to calculate your AWW, how do you know whether yours is being calculated correctly? In short, how do you know that your workers’ comp payments are correct? Read more

FMLA and Workers' Comp: What's the Difference?
FMLA and Workers’ Comp (What’s the Difference?)

In the United States, a workplace injury occurs approximately every 7 seconds. If you’re injured on the job, worker’s compensation insurance will likely provide you with some important benefits.

What happens, however, if you have to take some time away due to a serious illness or a family issue?

In this case, the Family and Medical Leave Act (FMLA) may protect you from losing your job. When both situations overlap, there’s always confusion about the difference between FMLA and workers’ comp benefits.

Keep reading to learn the basics of FMLA and workers’ comp, so you can more clearly understand your rights.

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We proudly provide statewide legal services for the handling of Florida workers’ compensation cases.

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