This is a question we get quite frequently: Can my employer terminate my position while I am out on workers comp? The scenario would be set up something like this: a roofer has an injury and is out for several months according to the opinion expressed by his or her...
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Workers’ Compensation
Statute of Limitations in Florida Workers’ Comp Cases
The statute of limitations in Florida workers’ comp cases applies to all workers’ compensation claims involving injuries after 1/1/94. Under the Florida Workers’ Compensation Act, there is an initial two-year statute of limitations, followed by a one year statute of...
Florida Workers’ Compensation Mileage Reimbursement Rate
Injured workers in Florida who receive authorized medical services through their Workers Compensation carrier are entitled to be compensated for mileage incurred going to and from hospital, therapy center, authorized medical appointments and to pharmacies. A common...
Florida Workers’ Compensation; State Mediation
After an injured worker has filed a Petition for Benefits (seeking some medical or indemnity benefit that is due not being provided by the insurance company), a state mediation is scheduled. The judge assigned to the case issues a Notice of Mediation order within 40...
Work Comp Made an Overpayment. Now What?
Circumstances sometimes present where a Florida workers’ compensation insurance company overpays an injured worker for one reason or another. Maybe they were unaware an injured worker began working and overpaid temporary partial disability benefits, or maybe they...
Independent Contractors and Florida Workers’ Compensation
We start with the general proposition: most Florida employers are required to carry workers’ compensation insurance coverage for employees. Workers’ compensation benefits are designed to help cover the costs of lost wages and medical expenses for work-related injuries...
Florida Work Comp; Unmanned Surveillance
As part of every initial consultation with an injured worker, our workers’ compensation attorneys discuss the fact that many insurance carriers hire private investigators to perform surveillance on injured workers. While it would not be cost effective to perform...
Recurring Problem; Does a Referral Go Stale?
When an injured worker goes to the authorized treating physician and receives a referral for medical treatment or testing, the workers’ compensation carrier should immediately authorize and schedule the treatment or testing. Often times, the testing or treatment is...
When the Claimant Must Pay; Prevailing Party Costs
In Florida workers’ compensation cases, the prevailing party is entitled to recover its costs from the losing party. This means that even if a claimant pursues a claim in good faith, if he or she does not prevail on an issue, the employer/carrier can recover the costs...
Tolling the Statute of Limitations; Prescription Medication
Under the Florida Workers’ Compensation Act, there is an initial two-year statute of limitations, followed by a one year statute of limitations. The initial two-year statute of limitations requires the injured worker to either receive authorized medical or indemnity...