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 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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Posted by admin on Apr 23, 2010 in Articles | 0 comments
Work injury claim can be filed by those workmen who have gone through accidents at the work place because of the negligence of the employer or a co-worker. Most of the workmen do not attempt to file a claim as they believe that they have to face the wrath of their superior. However it is the right of the injuredworkmen to seek work injury claim in case if he has gone through injuries for no fault of his. As regards “how to get quick action on your claim”, one should go for legal help as the issue of work injury claim is quite complex and a qualified person who has expert legal knowledge would be of great help in not only securing but also to get quick action on the work injury claim.
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.
contact
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
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