The Law Offices of Evan M. Ostfeld, P.A.

WHAT IS WORKERS' COMPENSATION?

A State Required Program to provide Free Medical Care and part of your lost wages to an Employee injured as a result of a work-related activity. All benefits are set by Florida Law and are provided to you at no cost.

WHAT SHOULD I DO IF I AM INJURED ON THE JOB?

As soon as possible, report it to your Employer, (preferably a supervisor) that you suffered an on-the-job accident. Additionally, try to complete and get a copy of the accident report or notice of injury form. If a Supervisor refuses to complete this task, make sure that you make a written record of the events surrounding the work accident and or injuries. Go to a Medical Provider Authorized by your Employer, their Workers Compensation Insurance Company, or to a nearby Hospital immediately! Inform the facility that your injuries are Work Related.

Moreover, they should be given your Employer's name, phone number, and or their Workers Compensation Insurance Company's information if known. The doctor should be told as many details about your accident as possible. Ask him/her about their treatment recommendations, when you may return to work, and or your restrictions. It is extremely important for you to try and get something in writing from the physician indicating his/her treatment plan, and your work status: No Work, Light Duty Work or Sedentary Work (sit-down).

WHAT SHOULD MY EMPLOYER DO?

Your Employer is required to notify their Workers Compensation Insurance Company immediately by completing a notice of injury form or the accident report. Initially, they may refer you to an authorized medical facility for reasonably necessary medical care needed to treat your injury or condition. If you have been placed on a No Work, Light Duty Work, or Sedentary Work status for more than seven days, due to your injury or condition, you may receive a portion of your lost wages according to a state determined scheduled. These benefits may be paid by your Employer or their Workers Compensation Insurance Company.

DO I HAVE TO PAY FOR ANY OF MY MEDICAL COSTS?

Generally speaking no. If you were injured on or after January 1, 1994 however, you must pay the ten dollar co-payment per subsequent visit of treatment after your doctor places your condition at (M.M.I.) maximum medical improvement.

WHAT KIND OF MEDICAL TREATMENT CAN I GET?

Medically necessary care to authorized health care providers (treatment that has been approved for you and or their Workers Compensation Carrier, doctor appointments, physical therapy, diagnostic testing, surgery, hospital care, dental care, prescription medications, supplies such as braces, crutches, etc., mileage reimbursement to and from all medical providers, and any other medical items ordered by your authorized physician.

CAN I CHOOSE MY OWN DOCTORS?

Yes, but only under certain circumstances. Unfortunately, the Workers Compensation Law has recently changed which further limits your selections and the ability for your right to additional medical opinions. In any event, any physician changes must be approved by the Workers Compensation Insurance Company prior to the first date of treatment. Moreover, if you go to a doctor on your own, those medical bills may become your responsibility.

IF MY INJURY MAKES ME LOSE TIME FROM WORK, WILL I BE PAID FOR IT, WHEN, AND HOW MUCH WILL MY BENEFIT CHECK BE?

If you are out of work more than seven days, you should receive your first check for lost wages within three weeks of reporting the injury. You will not be paid however for the first seven days of missed work unless the injury causes you to miss more than twenty one days from work. Kindly note however that due to lost wage caps, at most you shall receive is 66 2/3 percent of your average weekly wage; you will never recover 100% of those earnings. Fortunately however, lost wage payments are tax-free.

CAN MY EMPLOYER FIRE ME IF I FILE FOR WORKERS COMPENSATION BENEFITS?

According to Florida Law, you cannot be fired or harassed for filing or attempting to file a Workers Compensation claim. If you feel that your Employer is treating you unfairly surrounding the accident, you may have additional legal rights. As such, and under certain circumstances you may be able to sue the Employer directly in addition to the Workers Compensation matter.

WILL MY EMPLOYER KEEP MY JOB FOR ME?

Not necessarily. You, the Employer, and your Doctors need to work together. Further you may have additional employment legal rights if you are part of a Union or if the Employer is subject to F.M.L.A. (The Family Medical Leave Act) that addresses this situation.

IF I AM UNABLE TO RETURN TO THE TYPE OF WORK PERFORMED BEFORE THE ACCIDENT, WHAT CAN I DO?

Contact the Bureau of Rehabilitation and Medical Services at (850) 488-3431 or the local office in your county for more information. If qualified, you may be entitled to additional lost wage checks, vocational re-training, job placement assistance, and or schooling at no cost.

WHAT DO I HAVE TO DO IN ORDER TO KEEP MY CASE OPEN?

All Workers Compensation cases are subject to a statute of limitations but it varies according to the date of accident. Generally speaking however, your right to receive future lost wage benefits and medical care may end if there has been no payments for lost wages for a period of over two years and or if you have not received authorized medical treatment authorized and provided by the Workers Compensation Insurance Carrier within one year.

HOW MUCH WILL IT COST FOR LEGAL REPRESENTATION ?

The Law Offices of Evan M. Ostfeld, P.A. only accepts Workers' Compensation cases on a contingency basis and further we do not charge an initial consultation fee. As such, you do not have to pay us for fees and or costs while we work on your case. Unlike other law firms, we do not deduct legal fees from your Workers Compensation bi-weekly checks. If we are successful in Court, and or obtain a lump-sum settlement on your behalf, the attorneys fees shall be reasonable and either paid in whole or in part by the Workers Compensation Insurance Company or from the settlement itself. Moreover, for your protection all Attorneys Fees must be approved by a Workers Compensation Judge. If there is no recovery or settlement, there are no fees or costs due and owing.

The Law Offices of Evan M. Ostfeld, P.A. The Coral Springs Professional Campus 5421 North University Drive, Suite #102 Coral Springs, Florida 33067-4638 Telephone : (954) 227-7529 Toll Free : (866) ISUEYOU(866)478-3968) Facsimile : (954) 227-1243 Website : attorney4life.com e-mail : evan@attorney4life.com Office Hours: 8:00 A.M - 6:00 P.M (Mon-Fri) Evening and Weekend appointments also available

The information disseminated at this website is generalized. It does not constitute legal advice. Moreover, no formal Attorney-Client relationship exists. For questions about your specific legal problem, contact Evan immediately! The hiring of a lawyer is an important decision that should not be based solely on an advertisement. Before you decide, ask us to send you free written information about our qualifications and experience. Qualifications and experience can be found on the Firm History link. Copyright © 2005 by The Law Offices of Evan M. Ostfeld, P.A. All rights reserved.