ESC Emmanuel Sheppard & Condon

Pensacola Personal Injury Lawyers



Posts Categorized: Worker’s Compensation

Your Worker’s Compensation Claim Could Go On Indefinitely….s

Even if you are no longer receiving wages under worker’s compensation, your are entitled to medical benefits as long as your doctor says you still need treatment. However, it is very important that you see your authorized treating physician at least one time every 364 days. If you let one year pass without seeing your[…]

Worker’s Compensation Benefits Requirements….s

In order for worker’s compensation benefits to be provided, the employee must have been injured, by accident (meaning the injury was not intentional), and the personal injury must have arose out of and occurred in the course of employment. Injury can include physical and psychiatric injuries.

Certain Independent Contractors Not Considered “Employees”….s

Independent contractors, except those in the construction industry, are not considered “employees” for purposes of worker’s compensation. Thus, an independent contractor not in the construction industry is not eligible for benefits from the hiring entity. Some examples of independent contractors are real estate agents, entertainers, truck owner-operators, and drivers for hire.

Co-Pay after Maximum Medical Improvement (MMI) is Reacheds

Once your authorized treating physician places you at Maximum Medical Improvement (MMI), you will have a $10 co-pay each time you treat with the doctor. You are still allowed to see the doctor as long as the doctor says you need treatment, but the co-pay will be collected at each visit.

Time Frame for Reporting Workplace Accidentss

In Florida, if you are planning to file a worker’s comp claim, it is important to know that an employee must report injuries to their employer within 30 days of the incident.  There are a few exceptions, but generally speaking failure to report injuries within 30 days bars any claim.  In other words, you will[…]

Impairment Income Benefitss

You may be eligible for Impairment Income Benefits (IIB) after your doctor places you at Maximum Medical Improvement. If your authorized treating physician determines you have a permanent impairment as a result of your work injury, he or she will assign an impairment percentage. You are eligible to receive IIB based on the impairment percentage.[…]

Fringe Benefits and Workers Compensations

In Florida, your average weekly wage should be calculated to include any “fringe benefits”. Fringe benefits include things such as employer-paid health insurance, vehicle allowances, and room and board. If you received any fringe benefits from your employer, make sure those amounts are calculated in your average weekly wage in your worker’s comp settlement.

Doctor Changes and Workers Compensations

Did you know under the current Worker’s Compensation guidelines you are entitled to a “one-time change” in doctors?  If you are unhappy with the care your authorized treating physician is providing to you, you can ask for a new doctor.  However, use this one-time change wisely!  If your new doctor is worse than the first,[…]