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 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.
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.
www.ChalikInjuryHelp.com If you need a workers compensation lawyer, we have the most experienced personal injury attorneys in Florida. When you choose Chalik and Chalik, youll get the representation you need for injuries from work, car or slip and fall accidents. For a workers compensation lawyer in Fort Lauderdale, call Chalik and Chalik at 877-445-0991 or visit www.ChalikInjuryHelp.com.
California workers compensation benefits are some of the lowest injured worker benefits in the United States. If you or a family member are seriously injured on the job in California, your only chance to receive fair and just compensation for your work injuries is successfully bringing a Third Party Work Injury Lawsuit.
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.
William Turley is a Past President of Consumer Attorneys of San Diego and is a California Third Party Work Injury Lawyer / San Diego Third Party Work Injury Attorney. The Turley Law Firm specializes in California third party work injury cases. Click here for more information about = = > Work Injury Law.
