| Q: |
How much is my workers' compensation case worth? |
| A: |
Every case has a different settlement value. Factors such as age of claimant, wages earned, educational level, type of job, severity of injury, and amount of medical care required, all have a significant impact on the value of a case.
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| Q: |
Can I sue my employer for this accident? Why not? |
| A: |
Workers' compensation is a system designed to compensate workers injured on the job without regard to fault. Most employers are required by law to participate in the workers compensation system. Benefits under workers' compensation are very limited and provide partial wage replacement and all medically necessary treatment. Workers' compensation is the injured employee's exclusive remedy. When employers properly obtain workers' compensation insurance for their employees, the law allows them almost complete immunity from law suits brought by their employees against them. An employee can only sue his employer if that employee can prove in court that the employer has engaged in any intentional act that causes harm or is substantially certain to result in injury or death to the employee.
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| Q: |
What benefits am I entitled to receive as a result of this workers' compensation case? |
| A: |
Injured employees can recover 2/3 of their gross wages subject to a statutory maximum. Under most state laws, an injured worker is able to recover lost wages for a very limited period of time before reaching maximum medical improvement by his authorized doctor. Once an injured worker reaches maximum medical improvement the workers' compensation insurance company is only required to pay a very small amount of monetary benefits called impairment income benefits, based upon a permanent impairment rating assigned by the authorized treating doctor. If an injury results in the death of the employee, most state Law provides for benefits to the surviving family members. The Workers' Compensation Law also allows for virtually unlimited medical care for the treatment of the on-the-job injury. Types of medical care include the following: attendant care, medical mileage, prescription medication, surgery, physical therapy, diagnostic studies. Unfortunately, since January 1, 1997, all medical care is provided through a managed care arrangement that is controlled by the employer or the workers' compensation insurance company. Complaints regarding medical care are governed through the Agency for Health Care Administration in Tallahassee.
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| Q: |
What happens if I quit my job? |
| A: |
Voluntarily leaving your employment while treating with an authorized workers' compensation doctor could adversely affect your rights to receive certain types of lost wage benefits. If you are treating with an authorized workers' compensation doctor and that doctor has released you to return to work with work related restrictions, it is important that you at least attempt to return to work for the employer, within those limitations. Failure to do so could result in the workers' compensation insurance carrier discontinuing the payment of lost wage benefits. Once you have completed treatment with a doctor and have reached maximum medical improvement with regarding to the injury and the doctor has assigned a permanent impairment rating, quitting your job will not affect your right to receive impairment income benefits that are provided by law.
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| Q: |
What can I do if my employer fires me? |
| A: |
Most state statues provide that no employer shall fire an employee because that employee has filed a valid claim for workers' compensation due to a workers' compensation injury. This law came into effect on January 1, 1994 and allows an injured worker who has been wrongfully fired by his employer due to his workers' compensation injury, to bring a civil action against his employer and potentially receive monetary damages for said firing. In order to recover damages under this statutory provision it is necessary to prove that the reason the employer fired the injured worker was due to the injured worker filing a workers' compensation claim.
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| Q: |
Can I get a new doctor or doctors? |
| A: |
Since January 1, 1997 all employers have been required by law to provide all medically necessary treatment solely through managed care arrangements. This represents a significant departure from the way employers and workers' compensation insurance companies had delivered and managed workers' compensation medical care in the past. Although it has become increasingly difficult and confusing to obtain medical treatment in a workers' compensation case, injured workers are in fact allowed a one time change in their authorized treating physician. Additionally, an injured worker is allowed to obtain one second medical opinion by a doctor within the same specialty as his or her current authorized treating physician. An injured worker is also allowed one independent medical examination by a qualified treating physician if the injured worker is not satisfied with the opinion of his or her authorized treating medical provider.
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| Q: |
How does my attorney get paid in a workers' compensation case? |
| A: |
In certain situations specifically set out under state law, the employer or workers' compensation insurance carrier for the employer is required to pay the claimant's attorney fees. These situations include instances where a claimant's attorney has successfully asserted a claim for medical benefits on behalf of the injured worker; situations where the injured worker has employed an attorney who has successfully obtained a benefit for the injured worker after the workers' compensation carrier has filed a notice denying the injured worker these benefits; or, instances where the workers' compensation insurance carrier denies that an injury has occurred and the injured worker employs an attorney to prove otherwise. In these cases the Judge of Compensation Claims ultimately determines whether the workers' compensation insurance company is responsible for the payment of the claimant's attorneys' fees, and if so, the amount of said fees. No award of attorney fees under this provision is paid without the approval of a judge.
In instances where a workers' compensation claim is settled, the injured worker generally pays the attorney's fee. The attorney's fee paid by the injured worker in these situations equals basically 10% of the total recovery. In settlements involving less than $5,000.00, the attorney's fee can be as high as 20% of the recovery. The exact percentage of the fee is set by law.
Once again any attorney's fee paid for by either the injured worker or the workers' compensation insurance carrier must be approved by a Judge of Compensation Claims.
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| Q: |
What happens if I cannot return to work at my old job because of the injuries I received as a result of this accident? |
| A: |
Injured workers that are unable to return to work with their former employer due to the physical limitations caused by the injury are eligible to apply to your state’s Division of Workers' Compensation, for acceptance in their training and education program. Unfortunately, most applicants for this program are not accepted by the State. If you apply for this program and are not accepted by the State, you are awarded no additional assistance through the workers' compensation system and therefore are on your own in terms of finding re-employment. If, however, you are one of the fortunate few who are accepted in the training and education program, you are entitled to receive up to 52 weeks of vocational training and education with the goal of returning to suitable gainful employment at the conclusion of said program. Additionally, while an injured worker is enrolled in a state sponsored training and education program, said worker is entitled to receive up to 52 weeks of additional lost wages payments.
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| Q: |
How much does the employer or workers' compensation insurance company have to pay me when I am out of work? |
| A: |
The amount of benefits that a workers' compensation insurance carrier is obligated to pay an injured worker while that injured worker is physically unable to return to his or her job is governed by most state statues. Unfortunately, this is an area of the law that is very confusing and often results in injured workers not receiving the correct amount of benefits that they are lawfully entitled to. Basically, a workers' compensation insurance company is required to pay an injured worker 2/3 of the amount said injured worker was earning at the time of the injury. If an injured worker is working two jobs at the time of the injury, workers' compensation law provides that the injured worker be paid on the basis of the earnings at both jobs, assuming that both jobs were subject to workers' compensation coverage and benefits. Many issues arise whether the workers' compensation insurance carrier is paying an injured worker the correct amount of benefits. Issues such as the inclusion of tips, the value of housing provided to employees, the earnings at a second job, and the value of group health insurance often arise during a workers' compensation claim and require an attorney's involvement to insure that an injured workers is paid the correct amount of benefits he or she is entitled to under the law.
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| Q: |
Can I force the workers' compensation insurance company to settle and can the judge force the insurance company to settle? |
| A: |
No. Any settlement of workers' compensation benefits under our state’s Workers' Compensation Law is a completely voluntary exercise. A workers' compensation insurance company cannot force an injured worker to accept any settlement whatsoever. Conversely, an injured worker cannot force or require the workers' compensation insurance carrier for a certain amount of money to settle his or her claim. Most settlements of workers' compensation claims occur as a result of the mediation process. Mediation is a process where by the injured worker and the workers' compensation insurance carrier and their attorneys attend a meeting in attempt to settle the issues or the entire case with the help of a mediator. All settlements under The Cochran Firm Workers' Compensation Law are required to be signed by all parties and approved by a Judge of Workers' Compensation Claims.
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