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The short answer is ‘no’ you will not receive your full pay when on workers’ comp. For your case you’ll likely receive ‘Temporary total disability (TTD)’ benefits. It calculates to 66 ⅔% of your average weekly wage (AWW). It’s calculated by looking back at the most recent 13 calendar weeks added together, divided by 13 and that’s the sum you get.

If you are put on light duty by the doctor, your employer will look at whether they have a job available that you can do. If they do, you have to take the job. If your wages fall below 80% of your AWW you may be entitled to compensation.

If your employer has no work for your light duty specifications, you’ll receive the max amount which is 64% of your AWW.

Only other money benefit you get from workers' comp is impairment income benefits (or IIB). This is a finite amount based on a percentage rating from a doctor for a certain amount of weeks.

There are certain instances that people will qualify for Permanent Total Disability coverage which means that person will never be able to work again in their lives.

I also am asked how long a person can receive workers compensation for, and the answer is up to 5 years but it’s very rare to receive it that long.

Once you achieve maximum medical improvement (MMI- which means you are as recovered as you will be) it will be determined whether you are permanently disabled in some capacity, or if you are partially disabled.

When will you receive your first check? Sadly we can’t always say exactly when a person will receive their first check. Technically it should be about 3 weeks but that will depend on your employer, and the insurance company doing what they should, when they should. There will also be a waiting period of 7 days. These 7 days will end up being paid (retroactively) if your issue lasts longer than 21 days.

Keep in mind that if you receive any type of compensation during this time (unemployment insurance, or if you’ve returned to work and are receiving some income) you have to disclose this.

If you don’t fill out this paperwork accurately not only will you not be compensated, but you could be accused of insurance fraud. Trust us, you do not want to go down that road.

If you’ve been injured on the job and need a workers’ comp lawyer, give us a call. We can do a free consultation and look at your situation.

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A judge has a lot of power, but they don't have the power to force a settlement in your workers' compensation case. Even if you are being more than fair, a settlement can only happen if both sides agree to the terms.

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Your workers' comp case doesn't have to be scary! Give us a call at BDT Law and we'll help you through your Florida workers' compensation case.

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You're entitled to certain reimbursements to cover your medical mileage. But be careful and make sure you fill out the forms accurately!

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At the deposition for your workers' comp case, it's important to tell the truth. And remember that "I don't know" can be an appropriate answer. #shorts

The classic saying "you catch more flies with honey than with vinegar" is true, even with your workers' compensation case. #shorts

It might come as a surprise to find that your insurance could be the one choosing an authorized doctor for your case.
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.”
Change of Authorized Treating Physician
Your employer’s insurance company likely selected an authorized treating physician for you. Fortunately, you are allowed to request a change of your physician, but do not make this decision lightly! Not only are you limited to a single one-time change in your case, but the insurance company is entitled to select your next physician as well.
Your request must be made in writing and the new doctor must be in the same field of practice as your previous one. That is, if you are requesting a change from an orthopedist, your new physician will have to be an orthopedist.
In some cases, your treating physician may be the one to refer you to a specialist or to another physician in the same field for a second opinion. The insurance company will then decide whether or not to authorize the treatment.
Independent Medical Examiner
What happens if you have already used your one-time change request, or you don’t have an issue with the treatment from your treating physician but the insurance company won’t authorize any of their recommendations?
In this case, you can request an Independent Medical Examiner, or IME.
An IME is a doctor who serves as your expert and can provide medical opinions about your case in the event that either you or your employer’s insurance company have a dispute regarding “overutilization, medical benefits, compensability, or disability.” You can also see an IME if you feel that your workers’ comp claim has been unfairly denied.

Can I Choose My Own Doctor For A Second Opinion?
This is America, so you are legally permitted to see any physician you want. But the insurance company is only obligated to pay for treatment administered by a doctor of their choosing. Further, your health insurance may not cover work-related injuries.
If you decide to select your own doctor, you should do so with the expectation that you may have to pay for any and all treatments out-of-pocket.
You must also understand that that doctor’s opinions will not be admissible in your case. The only doctors that can provide opinions in your case are authorized treating physicians, Independent Medical Examiners, and an Expert Medical Advisor.
Who Makes the Final Decision?
As you can imagine, having the opinion of various different doctors could potentially result in multiple contradictory opinions.
If these doctors disagree about a) what your diagnosis is, b) whether it is related to your accident, c) what treatment you need, or d) what your ability to work is, the Judge presiding over your case cannot decide the issue. Instead, s/he is required to appoint an expert known as an Expert Medical Advisor or EMA.
An EMA is like an IME but, whereas an IME is selected by either you or your insurance company, the EMA is the Judge’s expert. The EMA will perform a medical evaluation, review your records, and possibly review testimony of the other physicians in the case.
After they have gathered an appropriate amount of evidence, they will resolve the dispute between the physicians. That determination is binding on all parties. As a result, you rarely end up at a trial over a medical issue.

Conclusion
The doctors you see following a workplace injury greatly affect the outcome of your workers’ comp case. They will be the ones to recommend specific treatment plans and make determinations about whether (and how much) you have recovered.
Because of this, the relationship between an injured worker and their authorized treating physician is very important. If you don’t feel that you can trust your doctor, a request for a one-time change in treating physician might be in order.
Call us today if you find yourself in this situation and need help.
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Don't be afraid of mediations. With the help of a good workers comp attorney, this is where you can potentially take control of your case. #shorts

Do you need an attorney for your workers compensation case? The truth is (and other lawyers won’t tell you this) but no, you don’t. Just because you don’t need one doesn’t mean you shouldn’t have one.

You should retain an attorney because they are more experienced and fight these types of cases every day, whereas this is likely the first time you’ve had to go through something like this.

Personally, at our free consultation, I will be able to look at your case and determine if you should fight for more. I can help guide you to make sure you know whether you should settle and if it’s what you deserve as well.

Another reason to get a lawyer involved is if you have a preexisting injury. These types of workers compensation cases can get very complicated. Insurance will try to deny you and you need a lawyer on your side that has experience with these types of cases.

Please note, a prior injury on the job does not (and should not) disqualify you from receiving workers compensation. An insurance company may even try to deny you based on this, that is why you need a professional in your corner.

At BDT law firm, we won’t push our services, but we will highlight why you might need us. Feel free to contact us today.

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There's a word for when you misrepresent what happened in order to gain workers' comp benefits. It's called Fraud. #shorts