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When meeting with your workers' comp attorney after being injured on the job, it's important to share as much information as possible.

Documentation can be a critical piece of information. So make sure to keep and provide to your attorney any communication you've had with the insurance company. Also provide any medical records or communications with your doctor, even if it is from an unauthorized treatment.

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What should you know before having an initial consultation with a workers' comp attorney?

The biggest thing to keep in mind is that you should be open and honest with the attorney about the accident and the injury. For example, pre-existing injuries can have a huge impact on your workers' comp case. Keeping that information from your attorney can hurt you in the long run, whereas sharing that information right away will allow you and your attorney to develop a better strategy to make sure you get the help you need.

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When you've been injured while on the job, you must report the accident to your employer who then informs the insurance company about the accident. But what if your employer never reports the accident?

Unfortunately, this is a very real possibility and a scenario that we have seen multiple times.

So what happens if you find out that your employer never followed through with notifying the insurance company? If you have a good workers' comp attorney, you can still get your case moving forward. As long as you know who the employer is, your attorney will be able to help you confirm whether or not the company has the proper insurance and identify who that insurance carrier is. Then, your attorney will be able to report the accident directly to the insurnace company.

If you've been injured while on the job and need the help of a workers' comp attorney, the Law Office of Brian D. Tadros is here to help.

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If you've been hurt while on the job, you are required to report that injury to your employer. But how long do you have to report the injury?

Florida law allows for 30 days for you to report the accident. Does this mean you should wait until the last minute to report your injuries? No! In fact, if you wait until the last minute it can still be seen as a big red flag by your employer and the insurance company.

The best thing to do is to report the accident right away. And when you report the accident, make sure there is a record that proves you told your employer about the accident and any injuries. If you reported the accident through email or text message, save those messages. If you had to tell your employer over the phone or in person, make sure to send a follow-up email ASAP so there is a record you can point back to.

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This is an interesting concept for workers’ compensation cases that a lot of people don’t think about during a mediation. Anyone that is a decision maker in your life, spouse, parent, guardian, etc, should be in on a mediation meeting. If they aren’t, it's possible that your meeting will be unsuccessful.

It’s vital to have that input because otherwise you may have to leave with no resolution.

You can also have them on the phone but you need to make sure that they are available when needed and that they understand they will still be bound by confidentiality rules.

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What do insurance companies focus on when you get injured at work? That's the key to understanding how to manage the legal process of any workers' compensation case. Having a veteran attorney on your side, with over 16 years of experience is always helpful.

Workers’ compensation cases are each very unique. It’s hard to determine what each one is worth, the outcome, or if you should settle or not. They do all share similarities however, and we are here to help with your individual needs. In this video, I will cover some of the basic questions surrounding workers’ compensation cases, and what you should do with yours.



Each case is different. My goal as your lawyer is to guide you through the process. If you’re watching this and I am not your attorney, make sure your lawyer analyzes your particular case. You don’t want your case shoved off to a paralegal. We will compare a settlement amount to what the potential payout would be if we didn’t settle.

Statistically, cases do settle. Why? Because insurance companies operate under ‘The best file is a closed file’ mentality. It’s better for an insurance company to have a one time payment and close the case.

Your best defense is to hire a good lawyer that will analyze all possible angles of the case. Then they should provide a recommendation and what to expect. You may think your case is worth one thing but we can only allow what the law allows.

I’ll never tell a client whether to settle or not. I will look at hard facts and weigh the pros and cons to each decision. There are risks to both. I will make my professional recommendation and do what the client thinks is best for their well being.

So you’ve decided to settle, what happens now? At this point your lawyer will make a demand of a certain amount. Negotiations will begin and if both parties can agree, the settlement will proceed. If they cannot, it won’t settle. Settling is a voluntary thing and nobody has to agree to agree. In these types of circumstances a judge has absolutely no power.

What is important to me is to make sure my clients make informed decisions and never feel alone in this process. There may be a situation where even as a lawyer, I feel that a settlement amount is unfair, but for whatever reason the client chooses to settle. I will make sure that my client understands each step and always back them up one hundred percent.

It can actually benefit all parties to settle. It’s obviously a relief financially but it can also take away the stress of constantly having an open case. Sometimes a client finds that they have to go see doctors that are not of their choosing, recognize that they’re being followed, etc. With a settlement you get a check and you’re done. It’s honestly a win/win. The insurance company knows that once a case is settled, it’s done. Everyone can go home.

Another thing that can happen after settling is the feeling that the entire process was very personal. Say you receive x-amount, but you feel as though your injury and pain and suffering are worth much more. You would not be alone in that regard. The goal after settling is to move on with your life. Leave the case in the past. We can also help you move forward after the case is settled.

You might be asking if you can return to work, or will doing so hurt your claim. The answer is no, it doesn’t impact the ability to settle but it can definitely affect the value of your case.

That doesn’t mean ‘don’t work’. By all means, if you can work, go work. It’s better to have a steady source of income instead of relying on your settlement.

How do I know how much my case is worth? This is the million dollar question. The answer is ‘it depends on your needs but we absolutely cannot give you an estimate without seeing all of the facts of your case’ (and any lawyer who gives you a supposedly definite number during a consultation is lying). We never promise anything to our clients because cases like this, without all of the facts, are completely unique. No two cases are the same.

What factors are considered when determining the value of my case? I can tell you the insurance company pays about 40%-60% of what they think the exposure on your case is to them. Basically they calculate what you’re going to cost them in the long run. Every case includes the same benefits, medical and indemnity. It’s easy to come up with a number when you have medical records, a doctor citing how long an employee will be out of work, etc.

The good news is that as long as what we come up with is a fair number, we’ll be able to give you a range of what your workers’ compensation settlement might be.

It’s important to me to have clients become friends. I don’t want anyone to feel alone during this process. My clients are told that they have access to me (within reason), and not just my office staff.

If you’re in the process of navigating a workers’ compensation claim, make sure you reach out to an experienced lawyer. There are intricate details that need to be looked at to make sure you are compensated for your suffering. I have over 16 years of experience just in workers’ compensation cases alone.

The Law Office of Brian D. Tadros is dedicated to serving our clients in a collaborative way, working together towards resolution.

Did you know that salary, inheritance, lottery winnings, and game show prizes are taxable? You might be wondering if your workers’ compensation benefits fall into that taxable income too, and the good news is that no, it doesn’t.

Workers’ comp benefits (including death benefits) are not subject to state or federal taxes. While your workers’ comp benefits might not be as much as your normal paycheck you can breathe easy knowing that they will not be reduced any further.

There are other forms of taxable income that you should be aware of after suffering a workplace accident.

Light duty wages- Workers’ comp benefit payments were designed to cover your lost wages but if you return to work any wages you do receive are taxable, even if you’re on light duty. That means you would need to pay taxes on earned income but would not pay taxes on the continuing workers’ comp benefits.

Retirement benefits- Retirement plans are taxable no matter your reason for retiring. It doesn’t matter if you retired to take care of your grandkids, tour the country in your new RV, or because you’ve been injured and think it’s a good time to stop working, your retirement benefits are taxable no matter what.

Social security disability- You can collect SSDI and workers’ comp benefits at the same time but you will not receive the full monetary benefits of both. You will not be able to collect more than 80% of your average weekly wage between the two programs.

In 15 states, including Florida it is your workers’ compensation that will be reduced and then a portion of your SSDI payments could be taxable if your income is high enough.

The majority of workers’ compensation cases end with a settlement rather than a trial. When this happens the employee usually signs a general release and resignation agreement that both terminate their employment and releases their employer from any liability for anything that may have happened during the injured worker’s employment. Your settlement amount would not be taxable but if there is a separate amount paid to you by your employer to get your signature on the general release, those funds may be taxable and you would be wise to consult with your accountant or tax preparer.

Employer- We’ve gone through how taxes could affect the injured employee but what about the employer? LLC’s, partnerships, and sole proprietorships are allowed to deduct workers’ compensation insurance premiums from their taxes.

These can get tricky so it is very important to consult with an accountant who can advise you on the best course of action.
For specific workers’ compensation questions it’s best to work with an experienced and qualified attorney who can fight for the best outcome of your case.

At the law offices of Brian Tadros, our primary goal is always your satisfaction. We’re always available to provide you with guidance and advice. We will never push you into accepting an offer that you are not comfortable with.

Call us today for a consultation so we can help you maximize the benefits you deserve after your injury.

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If you’ve been injured on the job, you probably have a lot of questions. You’ve probably been told that you’re entitled to receive workers’ compensation benefits but are unsure as to how it works. This video will explain it a little better so that you know your rights.

Workers’ compensation can be very complicated. Unlike disability, FMLA, and unemployment compensation, workers’ compensation is a program that covers injuries on the job.

Instead of you carrying this insurance policy, it is your job that carries it. If you end up getting hurt their insurance pays the benefits directly to you.

How does it work?

After you’ve been injured it is vital that you report the enjory to your employer within 30 days. Make sure within 30 days you’ve given them the date, how/what happened, and a doctor's determination that you cannot return to work.

Don’t try to be a hero and pop some aspirin to take the pain away. If you do, and your injury ends up being much more serious, you’ll be out of luck if the 30 days is up. You won’t be able to make a claim.

If you need immediate care, request authorization from your employer to go to the ER. Conversely, if your injury is not emergent, check with your employer about where you should go to be seen to assess the injury.

Your care will be handled by an ‘authorized treating doctor’. S/he will be in charge of monitoring your recovery. If this doctor says you cannot return to work, listen to them. If you go against their medical advice you may be waiving your rights to workers’ compensation benefits.

In many cases your doctor will approve you back to work with some modifications. They will give you a DWC-25 form that lists your limitations. Send copies to your employer, lawyer, and keep one for yourself. Keep in mind that if your employer can accommodate the limitations then you have to take the job they give you. If not, you’re risking losing your benefits.

It’s important to retain a workers’ compensation lawyer even if your case seems simple. A lawyer will make sure you understand all of the information being presented to you.

How much money do you get? It’s calculated based on your average weekly wage (AWW). They take a look at the last 13 weeks (prior to your injury) and then average it by dividing it by 13. They also calculate it based on whether your injury is temporary, permanent, a partial injury, or a total injury. For example, if your injury is permanent and total, you’ll receive benefits of 66.66% of you AWW until you’re 75 years old.

What does workers’ compensation cover? It covers lost wages and so much more. Your authorized treating doctor will send all of your medical bills to the workers' compensation insurance company. Your prescriptions, equipment, and surgeries are also covered if needed.

If for some reason your injury would cut you out of line for your current job, the insurance also pays for ‘vocational rehab’ which helps to train you for a new career.

In the unfortunate event that you or a loved one becomes deceased due to a work related injury, all of the death related expenses (funeral etc) are covered. Your survivors also receive death benefits.

It all boils down to, ‘Do I need a lawyer?’ and the answer is yes. You do. In workers’ compensation cases there’s nobody who is advocating for you, the injured party. Think of it this way, your employer most certainly has retained legal advice, and you should too. A lawyer is invaluable because we focus on you, not the employer.

Call us today for a free consultation to find out how we can help you.

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