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Workers' Compensation

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Workers’ Compensation FAQ’s

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.

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

Not necessarily. If you do not have one, you can apply for the assignment of a number under which you can file for workers’ compensation or you can apply for a pin from the IRS.

Either party can, generally, have an evaluation or examination with a neutral doctor. The right for the employer/Carrier/Servicing Agent to submit to one is under very strict circumstances and you should never appear for one unless you speak to an attorney first.

Expert Medical Advisors are called upon in cases where there is a conflict of medical opinions and the Judge orders that a impartial doctor examine the Claimant and give his or her opinion.

Partially, except for medical information.

This is the point at which no further significant improvement can be reasonably expected. In other terms “you are about as good as you are going to get.”

They very well may and you should always be prepared to be truthful about any and all activities. The truth will set you free, and if you are observed and are untruthful about those activities, it can not only terminate your rights to benefits, but, it is a crime, if proven.

You should immediately advise the workers’ compensation carrier or your attorney that you were working two jobs and provide you pay records. If you do, you can get wages from both included in your lost wages.

This is a very technical/difficult question. It depends on the type of workers’ compensation benefit you are receiving and is a question best answered by a workers’ compensation expert.

Again, this is a very technical/difficult question and is best answered by a workers’ compensation expert.

Then can and often do so. Do not think that the nurse case manager is your friend as he/she has been hired to control costs of your medical and limit your benefits in many instances. You should object to his/her appearance during the visit.

That depends on the relevance of which medical records and when you are asked.




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