Month: March 2011

Apportionment of Florida Workers Compensation Not Allowed in Many Cases

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

Workers Compensation Insurance Companies Cannot Deny Benefits to Injured Workers for Employer Fraud in Florida.

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

Can I Collect Unemployment and Worker Compensation Benefits in Florida

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

How to Get Medical Treatment in Florida Workers Compensation Claims

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

How Do I Get Lost Wages in Florida Workers Compensation Accidents

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

How a Florida Workers Compensation Claim is Settled

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

The Statute of Limitations in Florida Workers Compensation Claims

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

Penalties and Interest in Florida Workers Compensation Cases For late Payment of Benefits

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

Tampa, Florida, Workers Compensation Attorney, William H McKnight

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

Proving Entitlement to Permanent Total Disability Benefits in Florida Workers Compensation

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