Posted by admin on Jun 4, 2010 in Articles | 0 comments
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.
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 16 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
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Posted by admin on May 23, 2010 in Articles | 0 comments
It is important that seriously injured workers and their families understand how California work injury law operates. In order to illustrate California worker injury law the following is a workplace case study for a fire and explosion work place accident in California. The discussion includes a California workers compensation analysis and a California third party work injury liability analysis.
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.
San Diego Work Injury Lawyer Bill Turley has been practicing California Work Injury Law since 1986. He has been a leading San Diego Work Injury Attorney. He is Past President of Consumer Attorneys of San Diego and is on the Board of Governors of the Consumer Attorneys of California. Bill frequently lectures and is published on California Third Party Work Injury Attorney issues. Click here for more free information on Work Injury Law.
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Posted by admin on May 17, 2010 in Articles | 0 comments
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:
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.
South Florida Attorney Joseph M. Maus and Associates has been helping victims of injuries and accidents for close to 16 years. The firm prides itself on having the resources and experience of the largest state-wide law firms, yet providing individualized attention to each and every client.
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