A: If our office obtains a lump sum settlement for you, our office will receive a small percentage from that settlement. However, the insurance carrier can also be responsible for our fees based upon an hourly rate. All attorney’s fee must be approved by the Judge of Compensation Claims to make sure that they are within the statutory limits.

Costs-often times there are costs involved in pursuing your case. These costs generally will be payments for medical records, copies, depositions, IME fees, etc. Our firm will not ask you to reimburse any of these costs until such time as you receive a lump sum settlement. In many cases the costs can be paid by the insurance carrier.

A: Unfortunately, you do not have the right to choose your doctors. However, if you do not like the doctor that you have seen, you do have the right ONLY ONE TIME DURING YOUR CASE to ask the insurance carrier for a one time change in treating physician. There is a catch, if you ask for this change in writing at any time and the insurance carrier does not respond within FIVE days, then you do have the right to seek treatment with a physician of your choice. Our firm has been very successful in getting doctors authorized for injured workers

If you have any concerns about the doctor(s) you are treating with, what test need to be approved or if you are taking the right legal steps to provide you with proper medical care you can contact Nick Panebianco & Associates 1-866-529- 8822- serving injured workers and their families throughout South Florida with all their legal needs.

A: No, No, No.

WORKERS COMPENSATION IS NOT A LAWSUIT AGAINST YOUR EMPLOYER! It is only a claim against an insurance policy that every employer (with some exceptions) in Florida must purchase.

In exchange for buying this policy, your employer is protected from lawsuits by employees.

A: GENERALLY, YES.

The real answer to the question is not the specific injury or illness- rather the question is:

Did the specific injury or illness arise out of and in the course and scope of your employment. That is, did your broken arm, lung disease or herniated lumbar disc happen during work and due to work.

In the 18 years I have practiced, I have seen almost every disease, illness and injury covered as long as we could prove that there was a work-related link to the condition.

For example, we have “causally related” numerous conditions to work (and therefore workers compensation benefits) such as:

• fractured arms
• fractured legs
• carpal tunnel syndrome
• herniated lumbar discs
• herniated cervical discs
• hernias
• contact dermatitis
• total knee replacements
• total hip replacements
• vision loss
• Complex Regional Pain Syndrome (RSD)
• Pulmonological problems
• Depression/Anxiety
• Mold Exposure
• Hepatitis C
• and many many more

Where it is an orthopedic injury, a neurological injury, a contacted disease, a developed condition, a repetitive injury or occupational disease, it can be covered.

A: No, Workers Compensation Benefits in Florida re not taxable.

The Internal Revenue Service (IRS) has confirmed this in its widely used Publication 17 that helps explain a multitude of issues, including the Workers Compensation Benefits Non-Taxability.

A: YES, if you settled your lawsuit it will affect your workers compensation case in many ways.

When you have a work related accident or injury, and another party/person was partially or wholly responsible for your injury, then you can possibly bring a lawsuit against that third-party. In essence, you will have two claims from one injury, a workers compensation case and a lawsuit against someone other than your employer.

If you have a third-party claim for the work accident, then the workers’ compensation carrier will retain a lien on that case for any benefits that are paid by them for the work injury. Our firm has been very successful in getting this lien reduced and in some cases even waived.

A: You must do two (2) things immediately when you have been injured on the job.

1. Notify your employer. You must immediately notify your employer, your immediate supervisor or higher if possible. This can be done orally but writing is always better. You should request that a Notice of Injury be completed by your employer the same day of the accident if possible.

2. Seek Medical Treatment. You should got to the hospital, go to the onsite doctor if there is one, go to your doctor, but seek medical care as soon after the accident as possible. The longer you wait the harder it will be to obtain benefits from your workers’ compensation carrier.

If you do not seek medical care, or you cannot report the accident (it’s the weekend, your unconscious, etc.) be sure to do so as soon as possible after your injury. This sometimes happens when you hurt yourself but just shake it off, and days later you feel awful. Don’t keep putting it off, go to the doctor and report your accident to the boss. Even the smallest injury should be reported immediately.

A: YES, you must return to your employment if you are released to work full duty. If you are released to light duty work and your employer has light duty work within your restrictions, you must return to work. However, if your employer does not have light duty work within your restrictions, you do not have to return to work and the insurance carrier is responsible for paying your wages pursuant to the worker’s compensation statute.

If you do return to work in any capacity and you are still in pain, you should make sure you report your pain to your employer immediately. If the pain gets to the point that you cannot finish your day, you should advise your employer and go to your authorized doctor immediately.

A: As long as you are on either a no work status or a light duty work status and your employer does not have light duty, you can receive up to 104 weeks or 2 years of benefits. If your disability lasts longer than 2 years, you can be eligible for Permanent Total Disability benefits. These benefits are paid until age 75.