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Polk County Legal Blog

Workers' compensation - The basics

Imagine lifting a heavy box at work and feeling a pop in your back. The next morning, you were in the hospital and neurologist was explaining the surgery he would be doing on your back the following day. It turns out that you had slipped a disc in your lower back when you lifted the box at work.

Due to your injury, you are facing several days in the hospital, major surgery and weeks of recovery. You are also facing the possibility that you will never fully recover from the injury. How will you pay the medical bills? What happens if you cannot return to work? How will you pay your rent if you do not have income?

Workers' comp denied? You still have options

Imagine working in a retail store as a stocker. You are in the back bay pulling product when a tower of improperly stacked boxes falls on top of you. After getting to the emergency room, you find out you have a concussion and some cracked ribs. Now, you are facing a high emergency room bill, multiple other medical expenses and you will have to miss work for more than a week.

It seems like it should be relatively easy to file a claim and receive workers' compensation benefits. You were injured while on the clock and on the store premises. Why would the insurance provider deny your claim? Unfortunately, even in cases that seem very simple, an insurer can deny a workers' compensation claim. However, a claim denial does not have to be a final ruling.

Brain injuries and personal injury: What you need to know

Losing the full function of your brain translates into losing the full function of your life. As such, even a partial loss of brain function - as happens in the case of a traumatic brain injury - could mean losing a portion of your former life. Serious TBI can result in the loss of intelligence, emotion, movement, sensation and consciousness.

In their efforts to further understand traumatic brain injury and the way it affects our lives, physicians have classified TBI into four primary types. Before we define these types, though, let's look at how TBI might affect the typical Florida resident's life.

Concert venues have duty to protect fans and performers

You just scored some concert tickets for one of the hottest shows of 2017. Maybe it's the Rolling Stones on their umpteenth tour of the United States, or the Red Hot Chili Peppers coming off the European leg of their tour. Whatever genre of music is your favorite, you're excited to have floor seats only a few rows from the stage.

Without dimming your excitement at the opportunity to see some of your favorite musicians playing live, , you should consider the security that will be in place at the concert venue on the night of the show.

Retaliation for workers' compensation claims

If you have been injured while performing work-related tasks, you may qualify for workers' compensation. However, if you decide to file a workers' compensation claim and your employee fires you or threatens to fire you because of it, you have grounds for legal retaliation.

Florida state statutes state that "no employer shall discharge, threaten to discharge, intimidate, or coerce any employee by reason of such employee's valid claim for compensation or attempt to claim compensation under the Workers' Compensation Law."

Social Security Disability requirements

If you have been injured and your injury prevents you from working, you may be able to get approved by the Social Security Administration (SSA) to receive disability benefits. These benefits are designed to provide assistance to individuals who are no longer able to work to support themselves due to an injury or disability.

For many people, the benefits they receive from Social Security Disability can be an enormous help, but before you begin applying for Social Security Disability (SSD) benefits you will want to make sure you meet the basic requirements.

Understanding How Worker's Compensation and Social Security Disability Interact

When you're dealing with a worker's compensation case that also involves social security disability, it's best to work with a firm that understands how the two interact. It's important to understand that social security benefits work on a federal level and worker's compensation works on a state level. Like any other state, Florida has its own rules and regulations on how the two offset or reduce one another.

You have a good car accident injury claim. Here's how to wreck it.

After suffering an injury in a car accident in Florida, most people know that they can file a claim for their injuries; either against their own insurance policy, the negligent party, or both. What most people don't know, however, is how much their injury (or wrongful death) settlement is worth.

Even people with the strongest cases for high settlements often wreck their chances by making common mistakes that insurance companies take full advantage of.

What constitutes a "workplace" injury in Florida?

It seems like a no-brainer: If you are injured while on the job in Florida, you should be covered by your employer's workers' compensation insurance. But today's workplace has changed. With the improvement of WiFi signals, more people work from home, at coffee shops and even while traveling across country. The changes have brought a widening definition of what it means to be "injured on the job" under Florida's workers' compensation laws.

Workers' compensation or personal injury claim? Could be both.

Workers injured on the job in Florida will typically be covered by their employer's workers' compensation insurance. But after paying for your medical treatment, workers' compensation only covers about two-thirds of your lost earnings.

This blog post will discuss how a "third-party" lawsuit can help you recover the full and fair amount of damages you are owed if your workplace accident was caused by another party's negligence.


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