Occupational diseases are covered by section 440.151, and the statute creates several distinctions between occupational disease and other injuries. Occupational disease claims require a four-prong test:
1. The disease must be actually caused by employment conditions that are characteristic of and peculiar to a particular occupation;
2. The disease must be actually contracted during employment in the particular occupation;
3. The occupation must present a particular hazard of the disease occurring so as to distinguish that occupation from usual occupations, or the incidence of the disease must be higher in the occupation than in usual occupations; and
4. If the disease is an ordinary disease of life, the incidence of such disease must be substantially higher in the particular occupation than in the general public.

Temporary Partial disability (TP) applies when the doctor states you can return to work with restrictions, you may be eligible to receive Temporary Partial Disability Benefits if you are unable to earn 80% of the wages you were earning at the time of your accident.

These are called DWC-19’s. It is your duty to return these reports which list your earnings or lack of same every month that they are sent to you. Be sure to complete them accurately and within 21 days of receipt.

If after reaching Maximum Medical Improvement your injuries are so severe, as defined by law, that you are left permanently unable to work, you may receive permanent total disability benefits. This is essentially a designation where you are determined, either administratively of by a Judge of Compensation Claims, to be unable to work (for lack of a better and more technical description) and it is permanent in nature. This is a bi-weekly benefit that can be discontinued under certain circumstances.

When your doctor states you are at Maximum Medical Improvement, your condition is not expected to improve significantly, and the doctor will have you evaluated for possible permanent work restrictions and an impairment rating. If you receive a permanent impairment rating greater than 0%, you will receive money based on that rating.

Injured workers sometimes are left with some physical impairment that can carry a percentage (there is a rating book for a list of these ratings) number. That number is assigned by a doctor or doctors and results in benefits being owed.

Yes, they can, but, there are also reasons why they cannot reduce the compensation (a 25% reduction will be applied, if correct). For instance, if you are never required to wear a hard hat at work or are not provided with one by your employer and you suffer a head injury it can be argued the your employer did not enforce the requirement and no reduction should apply.

You can get chiropractic treatment paid by workers’ compensation. This is limited to 24 visits unless certain exceptions apply.

Perhaps, if they wrongfully denied the treatment or other reasons.

Contact The state department of compliance at Phone: (850) 413-1609.