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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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When you get injured on the job, workers’ comp is there to make sure you can still collect a paycheck while you recover. But why was your workers’ compensation claim denied? In this video we’ll look over the 10 reasons why your workers’ comp claim might have been denied.

1. There wasn’t a workplace injury. In order to qualify for workers’ comp, the injury must have occurred during the “course and scope” of your employment. AND, the injury must arise out of the employment. If the injury occurred outside of work, your workers’ comp claim is likely to be denied.
2. Your injury isn’t covered. Workers’ comp is a type of insurance policy, and just like with your home or auto insurance not everything is covered. Mental health issues are rarely covered by workers’ comp. So even though you might have a stressful job that causes you to seek treatment, those costs wouldn’t be covered.
3. You waited too long to report the injury. You only have 30 days to file a workers’ comp claim after the injury. The insurance company might try to argue that you aren’t seriously injured if you wait to report the injury and file a claim. And if you are fired or laid off before reporting the injury, it could look like you are just trying to get revenge. The best thing to do is report the injury right away.
4. There are no witnesses. While this should not be an automatic dealbreaker, it’s easier for your workers’ comp claim to be denied if nobody else saw it (or there is no security footage) and it’s just your word on what happened.
5. You changed your story. Keeping the facts and details of what happened consistent is critical, especially if there are no other witnesses or surveillance footage. Differences between the report you file at work, and the medical report, could be considered by the insurance company as a red flag.
6. You have a pre-existing condition. Many workers’ compensation claims are denied because of pre-existing conditions. But the truth is that pre-existing conditions do not prevent you from filing a workers’ comp claim. Generally speaking, if you are in an accident at work and that accident is greater than 50% of the cause of the injury you sustain, you should be able to secure workers’ compensation benefits.
7. Lack of cooperation. If you don’t cooperate with the insurance company, they might deny your claim. This could happen if you refuse to provide a recorded statement describing the accident and the injury, or if you do not sign a medical release allowing them to collect your medical records directly from your doctor. However, it is well within your rights to refuse to give a recorded statement or sign a medical release. If that happens and your claim is denied, you should contact a workers’ comp attorney immediately.
8. The injury is intentional. It should go without saying, but if you injure yourself intentionally while on the job, your workers’ comp claim will be denied. Your benefits can also be reduced, or denied entirely, if you ignore safety regulations.
9. Illegal drugs are detected in your system. Your employer can request a drug test at any time, and will often request one after an accident. If illegal drugs are found in your system, your claim will likely be denied.
10. You were the aggressor in a fight. If you started a fight, your claim will be denied. And even if you didn’t start the fight, the fight has to be connected to work in order to be covered by workers’ compensation.

If you believe that your workers’ comp claim was unfairly denied, you need a good workers’ comp attorney at your side. After all, the insurance company is sure to have a team of lawyers working the case for them.

Here at the Law Office of Brian D. Tadros, we practice ONLY workers’ comp law.

Call Brian Tadros today for a free consultation.

https://bdtlawfirm.com/

The Workers’ Compensation program is designed to help and protect injured employees. Many cannot afford to miss even just one or two paychecks, and yet an injury can potentially sideline an individual for weeks, months, or even longer. When that happens, Workers’ Comp can help the employee continue to receive benefits while they recover from their injuries.

But will Workers’ Comp last forever? No. In fact, there are several different ways that Workers’ Compensation benefits could end.

One of the better ways that workers’ comp checks stop is that the employee is able to make a full recovery. Once the employee has been healed and their doctor clears them to return to their regular work duties, the benefits will come to an end. The employee should be able to return to a full work schedule and go back to receiving the same pay they had before.

It’s the happy ending the system was made for.

Unfortunately, not every case ends with the employee making a full recovery and going back to work. Sometimes, people are injured severely enough that they cannot make a full recovery. When that happens, workers’ comp benefits will continue until the employee reaches their Maximum Medical Improvement, which is the maximum level of recovery expected based on the injury.

Of course, one of the more obvious situations where payments end would be if the workers’ comp claim has been denied. And yes, even if an employee has been receiving checks there’s still a chance that the insurance company will deny their claim.

And on top of all of that, the state of Florida has a time limit on how long one can receive temporary workers’ comp payments. That timeframe is 260 weeks, or 5 years.

If an employee has been permanently injured, there will be several factors that go into how long their benefits will last, and how much they will receive. Terms like Permanent Impairment Rating, Impairment Income Benefits, Compensation Rate, all play a factor in determining how much the benefits will be worth. And if the employee suffered a Permanent Total Disability, their benefits will be equal to 66 ⅔% of their Average Weekly Wage and last until they reach the age of 75.

We know that Workers’ Compensation can be a confusing topic, especially if you or a loved one are dealing with the stress of being injured and not being able to work. Insurance companies might offer you a lump sum settlement, and you might be tempted to accept the money to put everything behind you. We strongly suggest that you never accept a lump sum payment without first consulting with a qualified and experienced workers’ compensation attorney. Give us a call today at the Law Office of Brian D. Tadros, P.A., and schedule a free consultation to see how we can help you!

“Overexertion” is one of the leading causes of workplace injuries across all injuries. Pushing yourself past your limits, even in an office job, could lead to an injury or illness that keeps you out of work for an extended period of time.

Overexertion can occur when you work your body too hard for too long a period of time. It can often result in painful inflammation or other injuries. If you’re trying to visualize what pushing yourself past your limits looks like, you’re probably thinking of some form of physical labor. Picking up boxes all day long, or moving heavy objects. But the reality is that any repeated activity could lead to a workplace injury if you do it long enough. Even something as minor as typing!

Overexertion can cause several different types of injuries, including:
- Muscle Sprains
- Tendinitis
- Carpal Tunnel Syndrome
- Heat Exhaustion
- Dehydration
- Joint Dislocation
- Torn Meniscus
- Herniated Discs
- Stress Fractures

Luckily, there are signs you can look out for. Things like fatigue, muscle soreness, and struggling to catch your breath, are all ways your body is trying to tell you to take a break.

And overexertion injuries can have a lasting impact on your health, and your wallet. It’s estimated that overexertion injuries cost $13 billion each year! So make sure you take steps to avoid getting injured. Follow all posted guidelines and safety precautions. If you’re lifting, carrying, or doing any other types of physical activity, make sure to use proper form (lift with your knees!). And finally, take regular breaks, especially when doing repetitive tasks or if you begin to feel the signs of overexertion.

If you do end up getting injured because of overexertion at work, it will be covered by workers’ compensation insurance. However, it can be difficult to prove that the injury happened because of your work duties. So if you’ve been injured because of workplace overexertion, contact the Law Office of Brian D. Tadros today for a free consultation. And for more, make sure to Like us on Facebook!

If you’ve been injured on the job, it is important to document that injury as soon as possible. The longer it takes to document the injury, the harder it can be to successfully receive your workers’ compensation claim. And if you wait too long, you could miss out on getting any workers’ compensation benefits.

So how long do you have to report an injury on the job?

Florida’s workers’ compensation law requires that the injury is reported to your employer within 30 days. Once the injury is reported, a series of steps should then begin to happen. First, your employer could have you fill out a form that they will send to their workers’ compensation insurance company. This form is called a First Report of Injury Form. If your employer doesn’t do this, you can contact the insurance company directly and do it yourself.

Then, if emergency treatment is necessary, ask to be allowed to go to an emergency room or walk-in clinic. If emergency treatment is not needed, ask for authorization to go see a doctor (and make sure to go to the doctor that has been authorized).

Even if you don’t think the injury requires any medical attention, make sure to still report it. There is no requirement that reported injuries go to litigation or even mediation. You’re simply making an official record of the incident. This way, if needed, you can reference the injury at a later date. If you wait until it is obvious that you are dealing with a serious condition, it could be too late to file a claim.

When dealing with workers’ compensation claims, it is important to remember that you cannot assume that your employer is always looking out for your best interests. Check in with them often to find out updates on the claim, and make sure everything is being done as required by the law.

If you need help dealing with and understanding Florida workers’ compensation laws, then you need a workers’ compensation attorney. Give the Law Office of Brian D. Tadros, P.A. a call. Subscribe to our YouTube channel and connect with us on Facebook for more great workers’ compensation tips

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