The following is an expert answer given by Florida work injury lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

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.

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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.

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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.

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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.

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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.

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