Question:
I had an accident at my job where I badly hurt my ankle and foot. I did let a supervisor know about the accident but I told him I would be ok and that paperwork was not necessary. Well the next day my condition was worse. The pain was severe on my ankle and foot. So I told the supervisor that I need to fill out the paperwork. They sent me to their company doctor. Their doctor ordered me to stay home from work for two days and stay off my foot. This was written in black and white and I delivered the paperwork to my bosses. My pain was severe and I had to be laying down with my foot elevated to slow down the swelling. My supervisors said that I would have to immediately go on light duty right after my meeting with their doctor. Are they allowed to override the doctors orders? I declined because of the pain I was suffering. Can I lose my job for this? This was their doctor’s orders, not my doctor. I live in Florida. Thank you

Answer:
Your answer raises many issues in Florida’s workers compensation system.  

When you have a Florida work injury from being injured on the job, presuming your employer has workers compensation insurance coverage, the employer is supposed to put their insurance carrier on notice of your injury and the claim is handled by the WC insurance company.  In some very large companies, a portion of the claim may be administered from within the company.  However, 9 times out of 10, the claim is handled by the WC insurance company or a Third Party Administrator hired by the insurance company.

It is the insurance company, or their Administrator, that makes the decisions regarding your medical care.  This includes choosing the doctor from whom you receive your initial medical care.  They will usually meet, or at least speak to your doctor after your appointment so that they know what type care the doctor is prescribing, and whether you can return to work. Your employer does not choose your doctor, and cannot override your doctor’s work restrictions or limitations.

I am unable to determine from your email who it is that chose this initial doctor.  Usually in a Florida work injury or worker’s comp claim, the initial medical care comes from a “walk-in” clinic.  However, if the doctor told you to stay home, you are supposed to stay home.  The employer exposes themselves to a more serious workers compensation claim, as well as OSHA violations, by forcing an injured worker back to work against his doctors orders.

The first thing you should do is verify that the employer has notified their WC insurance company.  The employer is required to fill out a “First Report of Injury”, which is signed by you and the employer, then forwarded to the WC insurance company.  Once this happens, a WC adjustor takes over the management of your claim.  The WC adjustor will understand that a “no work” restriction means you stay home from work, even if the company wants you back right away.

If there is a WC insurance company involved, you should contact your adjustor to discuss the issue.  The adjustor can get the employer straightened out.

There are many variables that could affect my advice to you.  These include the name of your employer, whether you work for a government or municipality, the size of the employer and whether they have WC insurance coverage, the doctors report and specific limitations, and a few other factors.  Florida workers compensation system can be a frustrating and aggravating experience.  It’s important to make sure your claim is set up correctly when it first occurs, and that you are receiving all the benefits that you are entitled to receive.  This includes having an adjustor, or a workers compensation lawyer stop an overbearing employer from forcing an employer back to work against his doctors restrictions.

For more information about a Florida work injury, contact Florida work accident compensation lawyer Joseph M. Maus at 1-866-556-5529 or email him today.

Question:
I was recently injured at work. I work in a warehouse in Maryland loading and unloading rail cars. I fell out of one of the cars while attempting to put the ramp down between the car and the dock door. I followed all the procedures made by my company and workers comp. I went to the hospital ER and told them that I was having shoulder pain in both shoulders. They told me I had just some pulled muscles.

A week later I went to an occupational health doctor for a follow up. I was asked if I had xrays taken and when they found out I didn’t, they sent me to get them done. It was later found that I have a fractured clavicle. I have since been denied workers comp pay and or coverage for treatment due to the fact that I did not fully describe in the accident report that I had injured my shoulder. That was a month ago. I hired a lawyer shortly after I got denied compensation for care and pay. Does it take this long for a lawyer to get the ball rolling? I haven’t seen a doctor since I was told I had a fracture and was denied care. My position has since been terminated do to me not being at work, and I have bills piling up. He told me he would refer me to to a doctor, and get all the necessary paperwork done so I can receive care and pay for my injury, but nothing has been done as of now and its has been more than a month and a half. My question(s) being is how long does this normally take? Am I entitled to pay while being out of work even though my position has been terminated? Do you believe that this particular lawyer is doing all that he or she can?

Answer:
Since your claim occurred in Maryland, I can’t give you details on how the workers comp system works up there.  I’m a Florida injury lawyer specializing in car accidents, slip and falls, and and Florida work injury (workers compensation) accidents.  Laws vary from state to state, particularly in the area of workers compensation, so you need to speak with the workers compensation attorney you have in MD, or get a second opinion from another experienced workers compensation lawyer.

If Maryland is anything like Fla., the workers comp system moves slowly.  If the insurance company denies your workers compensation benefits, we call that denying compensability.  When compensability has been denied in Florida, we have a form called a Petition for Benefits (PFB) which needs to be filed.  Once a PFB is filed, the State automatically sets down the claim for mediation, and a final hearing date.  A mediation would be an opportunity to negotiate with the work comp insurance company on the issue of compensability, and/or to settle your claim for a lump sum of money.  If no resolution comes from the mediation, your claim is set down for Final Hearing.  A Final Hearing is basically a trial, in front of a judge, who will decide whether you should get the benefits that have been denied.

Florida’s workers compensation laws are spelled out in Florida Statutes. Fla. Statute 440.25 states that once a PFB has been filed, a mediation must be held within 130 days of the filing of the PFB. If the parties fail to resolve the issue at mediation, or don’t settle the claim, a final hearing must be held and concluded within 90 days after the mediation is held.

I don’t know if MD has a process like this, but you should ask your attorney. Even if he doesn’t have actual dates for when a mediation or final hearing are going to take place, he should be able to describe the process to you sufficiently to give you a rough estimate of when you can expect to get your claim in front of somebody that can decide the compensability issue.

Regarding your pay while you are out of work, again, MD is probably different than Florida, but Florida work injury laws state that a person injured at work, who is unable to work due to the injury, is entitled to a portion of their pre-injury average weekly wages while they are out of work.  This would include a situation where a person is injured at work, placed on light duty work capacity by his doctor, but the employer has no light duty work available for the person.

My advice to you would be to ask your workers compensation lawyer to explain the process for obtaining, or at least contesting, your workers compensation benefits, including the timelines for a mediation or trial.  If the lawyer does not explain it to your satisfaction, go speak with another experienced workers compensation lawyer.  In Florida, most experienced workers compensation attorneys will meet with you for a free, no obligation consultation to talk about your case.  If you’re not satisfied with your workers compensation lawyer, you can switch to another.

For more information about a Florida work injury, contact Florida work accident compensation lawyer Joseph M. Maus at 1-866-556-5529 or email him today.

A Case Study – Explosion and Fire – - Death and Serious Burn Injuries

Loony Demolition, Inc. installs, removes and junks gasoline pumps and underground tanks. A Loony Demolition, Inc. worker was using a portable power saw to cut a storage tank that had been used for underground storage at a gas station. The company failed to adequately purge the tank and test for vapors before beginning to cut and an explosion ensued, killing the employee and seriously injuring three others.

The three injured workers in the explosion worked for a different company, Joe’s Paving. They all suffered full thickness burns and had to be resuscitated at the local Burn Unit. On a daily basis they endured a horribly painful burn treatment called debridement. Debridement is the process of surgically removing dead tissue around a burn. Living Hell is a much more telling and accurate description. They were discharged from the hospital with amputation, scarring, disfigurement and indescribable pain. All three workers were unable to return back to work due to their injuries.

Investigation:

An investigation into the Loony Demolition, Inc. incident revealed:

1. Failed to test the atmosphere in tank prior to work or cutting.
2. Failed to establish guidelines for gas-freeing.
3. Failed follow the recommended procedures set forth in American Petroleum Institute (API) Bulletin 1604, “Recommended Practice for Abandonment or Removal of Used Underground Service Station Tanks”.
4. Failed to train employees to recognize and then avoid unsafe conditions while working with tanks which have previously contained flammable liquids. This is in violation of 29 CFR 1926.21(b)(2) and the California equivalent.

Workers Compensation Analysis:

The Loony Demolition, Inc. employee whom died had a wife and two children. Under the California workers compensation system they were entitled to receive Death Benefits. The family received less than $290,000, an extremely unjust and unfair amount in the face of the devastation of losing a husband and father.

The Joe’s Paving employees were also entitled to benefits under the California workers compensation system. However, California Workers’ Compensation benefits are low and they are in a continual battle with the workers compensation carrier over appropriate medical treatment. After almost two years of enduring the unfair California workers’ compensation system these workers and their families were barely making ends meet.

Third Party Work Injury Analysis:

The family of the Loony Demolition, Inc. employee whom died has no third party defendant to sue. The family is only entitled to California workers compensation death benefits.

The employees of Joe’s Paving have a strong liability case against Loony Demolition, Inc. Loony Demolition, Inc. was clearly responsible for the explosion and fire. In this case, Loony Demolition, Inc. is termed a “third-party.” The three injured workers from Joe’s Paving bring a third party work injury lawsuit against Loony Demolition, Inc.

The workplace explosion was caused by the failure of the third party, Loony Demolition, Inc., to test the tank prior to cutting, this breached established guidelines for gas-freeing. Including, API procedures, OSHA requirements and longstanding custom and practice in the industry. These horribly injured employees recover many millions of dollars for their injuries.

However, money is not the true issue. The money can never replace what these catastrophically injured workers have lost. No matter what the sum. The pain and despair are unbearable.

Disclaimer

The foregoing is a case study. Any resemblance to actual events, persons or companies is purely coincidental. It is not legal advice. It is simplistic in order to achieve clarity. Each case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your case will have a similar result as discussed in this case study.

A Case Study – Scaffold Collapse Accident

Dizzy Scaffold, Inc. erected scaffolding so that work could be performed on an industrial tank. The scaffolding that was erected was a two-point suspension scaffold 15 – 25 feet above the ground. Employees of Coast and Turf Painting Co. were working on the scaffold when the scaffold attachment point failed, releasing the scaffold cables. The scaffold was not equipped with an independent attachment system and fell to the ground. Causing two painters to be severely injured.

One of the painters was not tied off independently, as a result he fell to the ground below suffering severe injuries, including brain damage, hip replacement, and multiple broken bones. The painter that was tied off suffered a severe elbow injury when his arm was caught in a cable.

Investigation:

An investigation of the scaffolding revealed:

1. Dizzy Scaffold, Inc. did not use scaffold tie backs as secondary anchorage on two-point suspension scaffolds. This is in violation of 29 CFR 1926.451(i)(4) and the equivalent CAL-OSHA section. 2. There were no employee lifelines to substantial members of the structure. Instead the lifelines were to the scaffold. This is in violation of 29 CFR 1926.451(i)(8) and the equivalent CAL-OSHA section. 3. They failed to use scaffold attachment components capable of sustaining four times the maximum load. This is in violation of 29 CFR 1926.451(i) (2) and the CAL-OSHA equivalent section.

California Workers Compensation Analysis:

The Coast and Turf Painting Co. employees were entitled to benefits under the California workers compensation system. The benefits were low – California has some of the lowest workers compensation benefits in America. And the workers were in a constant battle with the California workers compensation carrier over medical treatment. The workers compensation carrier continually used the Utilization Review Procedure to cut-off the workers medical treatment. Both workers and their families were further traumatized by California’s unfair workers’ compensation system.

After a couple of years enduring the unfair California workers’ compensation system these workers and their families were barely making ends meet.

California Work Injury Lawsuit (Third Party Work Injury) Analysis:

The employees of Coast and Turf Painting Co. had a strong liability case against Dizzy Scaffold, Inc. The scaffolding structure was erected negligently and carelessly. The accident was caused by Dizzy Scaffold, Inc.’s failure to use scaffold tie backs as a secondary anchorage. They cut-corners by not rigging employee lifelines to substantial members of the structure.

Both workers were able to settle their third party work injury cases against Dizzy Scaffold, Inc. and they were able to keep their life-time medical the California Workers Compensation Insurance carrier. The painter with the brain injury recovered seven figures and the painter with the elbow injury received a high six figure recovery. The only way these workers and their families survived economically was because they were able to successfully prosecute third party work injury lawsuits.

Disclaimer

The foregoing is a case study. It is not legal advice. Any resemblance to actual events, persons or companies is purely coincidental. I am simplistic in order to achieve clarity. Each case is different and has separate challenges, difficulties and/or nuances. There is no guarantee that your case will have a similar result as discussed in this case study.

Question:
From the time of knowledge, how long do I have to report a injury to my employer (Florida).

Answer:
I am not sure what you mean by the “time of knowledge”, but Fla. Statute section 440.185 details when a Florida work injury must be reported to the employer.  It says:

440.185  Notice of injury or death; reports; penalties for violations.– (1)  An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury. Failure to so advise the employer shall bar a petition under this chapter unless:

(a)  The employer or the employer’s agent had actual knowledge of the injury, i.e. accident in employers truck, observing bleeding by employee, etc.;

b)  The cause of the injury could not be identified without a medical opinion and the employee advised the employer within 30 days after obtaining a medical opinion indicating that the injury arose out of and in the course of employment;

(c)  The employer did not put its employees on notice of the requirements of this section by posting notice pursuant to s. 440.055; or

(d)  Exceptional circumstances, outside the scope of paragraph (a) or paragraph (b) justify such failure.  Exceptional circumstances require that some uncommon or extraordinary event prevented the claimant from timely filing an accident report.

Once you report the injury/accident to your employer, the employer is required to fill out a First Report of Injury within 7 days, placing its WC insurance company on notice of the claim.

This is the general rule, and not all dates of accident are obvious.  There are different Florida Statutes that apply to different situations, such as F.S. 440.02(1) for exposure to a toxic substance; F.S. 440.151(2) for occupational disease; F.S. 111.18 The Heart/Lung Bill for Firefighter.

If you have a question about a particular set of facts, you should consult with an experienced Florida work injury lawyer to evaluate all the facts related to your claim.

For more information about a Florida work injury, contact Florida work accident compensation lawyer Joseph M. Maus at 1-866-556-5529 or email him today.

1. The First Rule for California Workers With Serious Work Injuries.

The first thing you – the injured worker – must realize is the general rule: if you are seriously injured at work you are in for an uphill battle. Trite, but true. If you are a seriously injured worker in California you may either lose almost everything you worked your whole life to obtain, or come close to it.

You need to hear the truth. So here is some really harsh truth.

If you are seriously injured or had a family member that was killed at work in California, you are in for a nightmare. I’d like to tell you different, but I can’t. At least this is the case for many, if not most, seriously injured California workers. California has some of the lowest, most unfair workers compensation benefits in the United States.

Here is what you can expect if you are a seriously injured worker in California:

- Low temporary total disability benefits (commonly called “workers comp checks”). – Consistently late workers comp checks. – A constant struggle to receive basic medical treatment. – A Utilization Review procedure quagmire that provides legal cover for the California workers compensation insurance carrier, allowing them to get away with not providing vital medical treatment and leaving you out in the cold. – Being sent to a “company doctor” that finds every worker “fit for duty.” – Having your workers comp check cut-off for no apparent reason. – A “Paperless System” that requires twice the paper work than with the old paper system. – A system that places “procedure” over “justice” with “justice” not even coming in a close second. – Ridiculously low permanent disability awards. (So low that many workers receive less than $10,000 even though they are so badly injured they can’t return to work at any type of job they have ever held before).

2. The Second Rule for California Workers with Serious Work Injuries:

A third party work injury lawsuit is the only way you can receive fair compensation for your serious work injuries.

You and your family can weather and survive economically and most importantly, as a unit, if you are able to bring a successful third party case. In most cases, a third party lawsuit is the only way you are going to receive fair compensation for your injuries. Because you aren’t going to get anything close to fair from your California workers compensation case.

3. The Third Rule for California Workers with Serious Work Injuries:

You have to have the program to your law suit. Without out it all may be lost.

You can’t tell the parties to a lawsuit without a program. If someone is injured while working, they are termed the “first party”. The employer is the “second party.”

The general rule is that an injured employee cannot bring a civil lawsuit against their employer for injuries occurring while they are in the course and scope of their employment. Instead, worker’s compensation benefits are the employee’s exclusive remedy against the employer. (There are some limited exceptions to this rule and these are called “Second Party” cases. For example if your employer intentionally injures you).

If someone else is legally responsible for your injuries, then you – the injured worker – can pursue civil remedies against this other person and/or entity. Any person/entity other than the employer that is legally responsible for your injuries is termed a third-party. Generally, a workers’ compensation recovery does not preclude a civil suit by you against negligent third-party. An employee’s civil lawsuit against persons/entities other than the employer is called a “third-party case” or a “third party work injury case.”

First Party – - You /Injured Worker

Second Party – - Your Employer

Third Party – -Any person/entity (other than the employer) who is legally responsible for your/the injured worker’s injuries.

4. The Fourth Rule for California Workers with Serious Work Injuries:

You need a lawyer that specializes in third party work injury cases.

A word to the wise, when you or a loved one is seriously injured at work you it is important to find a lawyer that specializes in Third Party Work Injuries. This isn’t a workers compensation lawyer. If your only lawyer is a California workers compensation lawyer, then you and your family are going to be a victim of California’s unfair workers compensation system. Remember, your only hope for fairness is investigating and bringing a Third Party Civil Lawsuit. There are very, very few good Third Party Work Injury Lawyers in California. The more seriously injured you are; the more you need the best Third Party Work Injury Attorney in California.

However, many road accidents can be prevented. The risk of making an accident happen decreases significantly when the various security measures are respected properly. The problem is that those are often under-estimated, or, even worse, they are ignored because of financial reasons. When the accident does happen, it’s almost certain that somebody made a mistake.

Work accidents mainly happen because of unsafe working environments, inadequate working conditions, inadequate equipment and poor or zero training for the workers. Those mantioned are all the employer’s responsibilities, obviously.

But making a work injury claim is not as easy as a car accident claim for example. That’s because, in a car accident, you can sue the other driver with no fear of repercussions, because you don’t know him. But suing your own employer could be daunting for you, right?

Naturally, you feel inclined to think that your relationship with your boss will surely go down the drain if you claim compensation. Sure, it can happen, but then again, it may not happen. It all depends on the character of your employer. Anyway, one fact remains: you have been injured and you have to pay for treatment. And later you will notice that after the work accident, you will have much nore expenses than the medical bills.

Most employers have insurance policies that cover these types of cases. They know that an accident can happen even if you try hard to avoid it, and that’s why they make sure that they are prepared if or when something goes wrong, because it’s better to be prepared now than sorry later. In fact, in the case of a relatively risky work enviroment you will never be able to assure 100% safety.

Still, the employers must do their best. It’s one thing for a person to suffer an accident that was completely unpredictable, and it’s another thing for a person to suffer an accident because the employers didn’t provide them with a good safety helmet.

When you decide to make a work accident claim you will first want to contact a lawyer who is going to help you maximize your claim. Sure, when people hear the word “lawyer” all sorts of weird scenarios may go through their minds, but actually there’s nothing to worry about. The case will probably not have to go to Court.

The attorney is your best friend in this scenario. He will practically do everything for you. A personal accident solicitor is indispensable in work accident injury claims. And the great thing about lawyers nowadays is that most of them work on a no win no fee basis.

What does no win no fee mean? Well, this term reffers to an agreement that says that your lawyer will only get paid for representing you if he wins the case. He has two fees: the basic fee and the success fee. The basic fee is a predetermined fee and it’s established taking into consideration the difficulty of the case. The success fee is like a bonus, and it is a percentage out of the success fee. In some cases it doesn’t even exist.

If you manage to hire an experienced solicitor, he will probably arrange that the other party pays his fees. Chances are however, if things go terribly wrong, that you will find yourself having to pay the opponent’s costs. For that reason you need to take out an “after the event” insurance before the actual legal procedures begin. So watch your step. The lawyer should explain everything in the preliminary interview. The work injury claim is a very crucial part if you want the fastest recovery possible when suffering injuries from a work accident.

Typically, an attorney who deals with many cases in the worker’s compensation realm will be the type of work injury attorney best equipped to help you with your claim. Before visiting, ask the work injury attorney about his or her experience in the field. Is it extensive? If it is, and if they have settled many successful cases, then you know you’ve got a work injury attorney who knows the all the nuances and traits of worker’s compensation system. Has the work injury attorney ever handled a case similar to yours? And if so, what was the outcome? If it was a successful case, then you can be confident that you’re working with a competent work injury attorney. A good work injury attorney will ask many questions so as to fully understand the situation. Beware the work injury attorney who appears disinterested or doesn’t seem to request a lot of information.

Worker’s compensation cases can become very complex. So it’s usually a good idea to seek out a work injury attorney as soon as possible. Getting a good work injury attorney at the beginning of your case will let the attorney give important input regarding your medical treatments. Also, the work injury attorney will be able to gather valuable evidence for your case. When you spend time dealing with insurance companies before consulting a personal work injury attorney, you may find that your claim is challenged. That means the insurance company may already be gathering evidence and building a case against you. And while it’s never too late to contact a work injury attorney, waiting until an insurance company challenges you means you and your work injury attorney have to make up some lost ground, so it’s always a good idea to contact a work injury attorney as soon as possible.

It’s also a good idea to keep copies of everything involving your injury for your work injury attorney. That means all hospital bills and the details of your payment benefits. Contact your personal injury attorney immediately with any new information or if something regarding your injury changes. And always follow your doctor’s advice. Engaging in activities not recommended by your doctor could damage your case.

The best first step to finding a good work injury lawyer is to simply open up the yellow pages or search the Internet for a work injury attorney in your area. But please, shop around. Contact several work injury attorneys so you can get a feel for their personalities and a sense of their professionalism. Feel free to call the work injury attorney’s office or send an email. A good work injury attorney will be open and willing to answer most basic questions over the phone. Also, a good work injury attorney won’t just have the proper credentials to handle your case, but he or she will make you feel comfortable at all steps of the worker’s compensation claim process.

An injury at work can be a life-changing event. But it doesn’t have to be a change for the worse. When you find a good work injury lawyer who has your best interests at heart, you will get the compensation you deserve and the peace of mind you require.

However the employee is required to collect some evidences which would help him to get quick action on the work injury claim. The workman is required to report the injury immediately to his employer or it should be entered in the Accident book. The employee also should go for immediate medical help as it would not only help one to protect his health but would stand as substantial evidence in claiming his workers compensation. It is always better to seek legal advice in the case of a work injury claim because the claim issue is a bit complex and the technical things of the issue could be well settled by an experienced wok injury solicitor. The medical evidences are a substantial record and would help the  employee to seek the work injury claim.

As regards the time factor in case of the work injury claims it is determined by two factors. The first factor being the medical factor as it is better not to advance the claim before actually knowing the future prognostics of the injury. This is because if the medical condition detiriorates in the future compensation could not be sought under these grounds. The second factor is that it completely depends on the insurance company though they are required by the law to consider the claims before a certain period of time most of the insurance companies do not abide by this factor and it is by trial date that the insurance companies could be pressurized to start the process.

As usually the work injury claims are quite complicated in nature and requires legal help in settling certain issues. The legal pressure would definitely be a great help in getting quick action on the work injury claims. However a complete medical report even about the future prognostics would be required to secure the work injury claim and to get quick action on the claim.

Work injury claim and how to get quick action on your claim are both factors which are in your control. If you know the procedure, things will move fast. If you don’t know the procedure then it is best to hire a work accident lawyer to guide you and lead you. Make sure that you have evidence and witnesses to prove your claim when the compensation claim officer comes up for a hearing.

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You can either visit these links 60 Second Claim Form 2 Minute Claim Form or you can call us Toll Free on 0800 197 85 67 or at local rates on 08707 02 02 02 or you can also email us at accidenthelp@100percent-compensation.co.uk or you can simply visit our website at 100Percent-Compensation