In many Florida workers compensation cases an employee is injured at work and the injuries involve parts of the body which have suffered prior conditions, injuries, disease or anomalies. Florida Statute 440.15(5)(a) and (b) provide: SUBSEQUENT INJURY.— (a) The fact that an employee has suffered previous disability, impairment, anomaly, or disease, or received compensation therefor, … Continued
A recurring problem in Florida workers compensation cases is that some employers will misstate payroll, the number of employees or the type of work their employees are performing to lower their workers compensation premiums. Some employers will pay their employees claiming they are subcontractors or independent contractors. Employer’s will sometimes issue IRS 1099 forms to … Continued
In Florida, an injured worker who is laid off, terminated or fired from their job can collect unemployment benefits and still receive Temporary Partial Disability (TPD) benefits from the workers compensation insurance company. The workers compensation law does not allow payment of Temporary Total Disability (TTD) payments, or Permanent Total Disability (PTD) benefits in any … Continued
The first thing that is needed after an employee has been injured in a Florida workers compensation claim is obtaining medical treatment. In emergency situations the employee can obtain care immediately and then report the accident to his employer as soon as reasonably possible. Common senses dictates that a worker with a compound fracture of … Continued
There are generally four types of money benefits paid in Florida workers compensation cases. Temporary Total Disability (TTD) benefits are paid when the injured worker has been told by the workers compensation doctor that the injured worker should not perform any work while he or she is recovering. Each time you see the doctor you … Continued
A Workers compensation claim in Florida can be settled, sometimes it’s referred to as a “washout”. The requirements for a workers compensation settlement depend on whether the injured worker is represented by an attorney. Settling a workers compensation case without an attorney can come at a cost and is generally more difficult. The injured worker … Continued
For any accident happening on or after January 1, 1994, the Statute of limitations (SOL) requires that a petition for benefits must be filed within two years of the date of accident. (note: different rules apply for accidents occurring before January 1, 1994) If the insurance company or employer pays money benefits or provides medical … Continued
For dates of accidents happening after October 1, 2003, in Florida workers compensation cases the insurance company can be required to pay penalties and interest for late payment of money benefits. 20% PENALTIES Temporary Total Disability (TTD) Benefits, Permanent Total Disability (PTD) Benefits and Death Benefits: The workers compensation insurance carrier owes a 20% penalty … Continued
William H. McKnight, Attorney, handles personal injury, workers compensation and social security cases in Tampa, Florida. William H. McKnight has practiced law for over 24 years and has handled more than a thousand cases with over 200 trials. In addition to his trial practice, William H. McKnight is an accomplished appellate lawyer with over 15 … Continued
In Florida, for accidents happening after October 1, 2003, a person can establish entitlement to Permanent Total Disability benefits (PTD) two ways. First, there are certain conditions set forth in the law that automatically entitle a person to Permanent Total Disability benefits (unless the insurance company can prove that the employee is capable of employment … Continued