WORKERS’ COMPENSATION VIDEOS
Learn more about Florida Workers’ Compensation
an you TRUST the Work Comp NURSE CASE MANAGER? (Secrets Exposed!)
HOW to get a NEW DOCTOR in a Work Comp case! (Brief guide to a one-time change in physician)
DON’T get HURT in Florida! (Why the laws are against you!)
I’ve got a question for you. Are your injuries being handled with care, or is your workers’ compensation nurse case manager secretly working against you? Well, let’s uncover the shocking truth!
Because in this video, you’ll learn whether you can trust the nurse case manager in your Florida workers’ compensation case.
How’s it going? Domenic Celeste, the virtual accident attorney here, and I’m back with another video. For those that don’t know, I represent people injured on the job in workers’ compensation and due to the fault of another in personal injury all throughout Florida.
Now, as usual, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
Before we dive into the role of a nurse case manager, let’s briefly cover the two main types of workers’ compensation benefits that you can receive, as these directly affect how the nurse case manager can impact your case. These benefits are paid for and provided by the workers’ compensation insurance carrier.
The first type of benefit is medical care. In a workers’ compensation case, the insurance carrier selects your doctor, who will recommend necessary medical treatments that should be covered by your employer’s workers’ comp plan. The second type of benefit is lost wages, often referred to as disability or indemnity benefits, which I like to call “work comp checks.” Typically, these benefits amount to about two-thirds of your average weekly wage, calculated based on your earnings during the thirteen weeks leading up to your work-related injury. To qualify, you must be under work restrictions by your authorized workers’ comp doctor and your employer is unable to provide you with suitable employment within those limitations. Also, you must not have reached maximum medical improvement or MMI, which is the point at which your doctor determines that further treatment won’t significantly improve your condition.
Now that you know about the only two primary types of workers’ comp benefits, let’s shift our focus to the nurse case manager and their role in your workers’ comp case.
So, what exactly is a nurse case manager? A nurse case manager is a healthcare professional, usually with a nursing background, who is hired by your workers’ compensation insurance carrier to supervise and manage your medical care throughout your work comp case. Their primary role is to help the insurance adjuster in locating appropriate doctors and medical facilities, scheduling your appointments, and coordinating various aspects of your medical treatment. Additionally, they often collect medical records, track your progress, monitor costs associated with your treatment, and may even provide recommendations for additional services or specialists if necessary, although this does not happen often.
Basically, nurse case managers serves as a bridge between you, your doctors, and the workers’ compensation insurer. However, it’s important to understand where their loyalty truly lies, which brings us to the main part of this video.
In addressing the important question of whether you can trust a nurse case manager, let’s explore some common interactions you may have with her, how she presents herself, and what’s really happening behind the scenes in your workers’ compensation case.
The first interaction is typically the initial contact with the nurse case manager, where she’ll introduce herself and go over her role. Expect her to be very friendly and willing to help. During this conversation, she may gather background information from you, including your medical history, to create an illusion of sincere interest in your well-being. Following this, she will assist you in scheduling your medical appointments, making it seem like she is committed to ensuring you receive quick and good care. After you’ve built some trust, she may begin attending your doctor’s appointments to monitor the medical treatment you receive. On the surface, this sounds positive, right? But let’s investigate deeper to discover what’s hidden behind the curtains.
It’s essential to understand that the workers’ compensation insurance company is primarily focused on profit. If the nurse case manager was genuinely there to help you, that could lead to increased costs for the workers’ comp provider. Therefore, they have no reason to hire a nurse case manager whose actions could result in you receiving more treatment, which would just cost them more money. Instead, they conduct a cost analysis, paying the nurse case manager a modest salary to ultimately minimize their expenses by helping your early release from treatment.
Reflecting on the interactions we’ve discussed, the friendly behavior and initial helpfulness are strategies designed to build your trust. Once the nurse case manager has gained your trust, she’ll start to influence your medical care, which explains why she attends your doctor visits. Her presence is not intended to advocate for additional treatment; rather, it serves to encourage medical providers to release you sooner than necessary. This strategy not only saves the insurance company money on potentially expensive treatments but also lightens the financial burden of paying you workers’ comp checks. And getting your medical history serves to find reasons unrelated to your accident to deny you benefits as well.
In essence, if the nurse case manager can save the work comp carrier money, she’s effectively fulfilled her role. The costs associated with her salary are minimal compared to the savings generated by accelerating your release from care. This is exactly why it’s important to understand that you cannot trust your nurse case manager in a workers’ compensation claim.
In summary, you briefly learned about the two types of Florida workers’ compensation benefits: lost wages and medical care. We then got into the role of a nurse case manager, who is someone, typically a nurse, who is hired by the workers’ comp insurance carrier to manage your medical care. This includes responsibilities such as finding doctors, scheduling appointments, and, generally, overseeing your treatment plan to serve your interests. However, we ultimately uncovered a crucial truth: the nurse case manager is employed by the workers’ compensation carrier to serve the interests of the insurance company, rather than advocating for the injured worker – YOU. This reality underscores the importance of being informed about who is truly looking out for your welfare in the workers’ compensation process.
And there you have it: now you know that you can’t trust the nurse case manager in your Florida workers’ compensation case.
If you or someone you know were injured on the job or due to the fault of another, you NEED to hire an attorney: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or, better yet, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button. To learn more, watch my previous video or watch a video I’ve chosen for you here. Again, I’m Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
After you see your work comp doctor, do you think to yourself:
My work comp doctor doesn’t give a **** about me. He doesn’t listen to anything that I say and he only sees me for less than a minute then leaves. I’m still in pain but he’s already released me. I wish there was a way to get a new doctor.
If so, you’re not alone, so, in this video, you’ll learn how to change your doctor in a Florida workers’ compensation case.
How’s it going? Domenic Celeste, the virtual accident attorney here, and I’m back with another video. For those that don’t know, I represent people injured on the job in workers’ compensation and due to the fault of another in personal injury all throughout Florida.
Now, as usual, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
As you may already know, you don’t get to pick your doctor in a Florida work comp case; rather, the workers’ compensation insurance carrier does. This means that most of these doctors that are selected to “help” you tend to actually help the insurance company instead. To find out why that is, watch the video linked in the card above then come back to this video. So, what happens if (more like when) this happens?
Well, Florida Statute 440.13(2)(f) allows you to request a one-time change in treating physician, but there are some details that you should know before making this request. First, we’ll go over how to make the request, then what to look for in the response, then the importance of this request.
As to the request, the main requirement is that it must be in writing. If it isn’t in writing then, technically, it doesn’t count. However, if you present to the doctor anyways, then you’re considered to have acquiesced or agreed to the doctor despite the invalid request. I’ve had a couple of cases where my client, just before hiring me, spoke to the adjuster on the phone and asked for a new doctor, which the adjuster took as a request for a one-time change in physician. However, before the client presented to this new doctor, I requested a one-time change in physician, in writing, which was ignored since the adjuster took the spoken conversation to be the request. Ultimately, the adjuster’s argument failed, and we got our choice, but more on that later.
Also, the request has to be sent to work comp and, if there’s an attorney, to the attorney too. How you send the request matters as well. If you send it by mail, what’s known as the mailbox rule doesn’t quite apply. The mailbox rule basically says that the date that the letter is sent is what counts. However, in reality, that would never work because work comp has five calendar days to respond, and most of the time, the mail takes longer than five days to reach its destination, especially if the work comp carrier is out of state. So, the counter would start when they received the mail, but there’s no way to know when it’s received unless you send it with a certified mail receipt. Getting your request to the carrier promptly is important to start the five day countdown, but with the mail, it’s difficult to know when the mail will be delivered, which throws off the countdown. And faxing isn’t much better either, even though you can get confirmation that it’s gone through. A problem that I’ve seen with faxing is when there’s an issue with the fax machine on the other end like that there’s an error or if the machine is offline. The best way that I’ve found is to email the request as it’s assumed that you’ve received the email when it’s sent; and you don’t even need to send it with a read receipt, although that could be helpful.
And make sure to only send the request for the one-time change in physician without any other documentation like a request to produce or something as judges and the appellate court have ruled against attorneys who’ve stuck one-time change requests in with other documents. For example, putting it in with a notice of appearance.
Lastly, how you word the request is important as some courts have ruled against attorneys who don’t make the request clear. I clearly put on my request the Statute number, that I’m requesting a one-time change in physician from whoever the current doctor is to the new doctor as well as the specialties of both doctors, the address and phone number of the new doctor, and that I’ll file a claim within five calendar days of the request, which is the time frame that work comp has to respond to only requests for one-time changes in physician.
As to the response, work comp has five calendar days to respond to your request. But just any old response won’t cut it; there are some important requirements, just as there are some in your request, that work comp needs to consider in its response.
But first, if work comp gets everything right, then they get to pick the one-time change in physician. If they don’t, then you may have a very strong argument to get your choice in doctor. It used to be that work comp merely had to give a doctor’s name within five days and it didn’t even matter if they had contacted them or got confirmation that they’d see the injured worker. Over the years, though, things have gotten a little more complicated than that.
Firstly, the response must list an actual doctor’s name and not just the doctor’s office’s name. This becomes more of an issue if you request a new primary care doctor since it’s usually just a clinic and whatever doctor is on the schedule that day is the one that treats you. If you’re requesting a new specialist, though, work comp usually responds with a new specialist’s name.
Another requirement is that the new doctor cannot be professionally affiliated with the old doctor. This usually means that they can’t be part of the same medical practice, but I can see it including being business partners too.
The law also requires that the new doctor to be within the same specialty as the old doctor, but this has somewhat changed recently to mean that both doctors have to be able to treat the injured workers’ conditions. For example, a spine surgeon and neurosurgeon can both do spine surgery, so this would work. However, a cardiologist (who treats heart conditions) to a spine surgeon wouldn’t work.
Lastly, there are a couple of other issues that haven’t fully been fleshed out yet and could vary on a case-by-case basis. For example, the new doctor should be within a reasonable distance from the injured workers’ residence, but what a reasonable distance is depends on the facts of the case. Case law has generally held though that within fifty miles is reasonable. Whether you get to choose the new doctor or not in this instance is debatable. There’s also whether the amount of time to schedule the appointment of the new doctor could negate what would otherwise be a timely response; or if the doctor is being paid too much; or if the work comp attorney talks to the new doctor before the injured worker even goes; or if work comp just gives a doctor’s name without doing anything else. And, depending on the judge, any one of those situations could either have you pick the doctor or work comp.
So, what happens if work comp doesn’t get it all right? Then you get your choice in treating physician.
The importance of getting your choice in treating physician cannot be understated. Having a doctor on your side can change everything for the better. It’s so important that I made a video exclusively about it, so if you want to learn about why getting your choice in physician is like hitting the work comp jackpot, click the link in the card above.
And there you have it: now you know how to change your doctor in a Florida workers’ compensation case.
If you or someone you know were injured on the job or due to the fault of another, you need to hire an attorney: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or, better yet, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button. To learn more, watch my previous video here or watch a video I’ve chosen for you here. Again, I’m Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
FLORIDA IS THE ABSOLUTE WORST STATE TO GET HURT RIGHT NOW!
Let me know what you think after watching as, in this video, you’ll learn about the laws that the injured, both in personal injury and workers’ compensation cases, have to deal with in Florida, why they are the way they are, and what you can do to maybe change that.
How’s it going? Domenic Celeste, the virtual accident attorney here, and I’m back with another video. For those that don’t know, I represent people injured on the job in workers’ compensation and due to the fault of another in personal injury all throughout Florida.
Now, as usual, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
To start off, this video is going to seem political, but I assure you it’s not. It’s just a fact that one political party has dominated Florida for so long and, as such, many of the laws that I’ll be talking about were created by that party. Now, what you choose to do with that information is up to you, but, since this channel is about educating Floridians on injury law, I felt that it was necessary to discuss this topic since it’s not something that’s really ever really talked about, and I get questions from my clients all the time about why the laws are so bad.
For the past 10 years, I’ve dedicated my professional life to the injured, so I’m biased towards them, and this video won’t be any different. Any one of us, me included, at any time, no matter how safe we’re being, could be injured in a car accident; a slip, trip, or fall; a work accident; or any other type of accident that involves injury. If you’re one of the unfortunate ones that’s involved in an accident that causes an injury in Florida, then you need to understand that the law is against you, especially as of recently.
First, I’m going to discuss the new changes to personal injury law, which is for negligence cases like in motor vehicle accidents and falls, and then I’ll get into workers’ compensation law, which is for those who get hurt while working.
On Friday, March 24, 2023, Florida Governor Ron DeSantis signed into law HB 837, which brought significant tort reform to the state of Florida. Tort reform is just a fancy set of words to say that changes were made to the general negligence personal injury cases. For this video, I’m just going to discuss the 3 major changes to personal injury law that may affect you or someone you know.
The first major change was to what’s called the statute of limitations, or SOL, which is the timeframe within which you must file a lawsuit or be forever barred from doing so. Another way of remembering this is you’ll be shhh out of luck, or SOL, if you don’t file a lawsuit before your time is up. This change only affects general negligence claims, but that’s most of the claims out there since it applies to motor vehicle accidents, falls, and other similar accidents. The new law changes the statute of limitations from four years to just two.
And why is this so bad? Well, firstly, you have to file your lawsuit in half as much time as before, which can be problematic because you usually don’t file a lawsuit until you’ve finished treating for your injury so that damages are finalized, but some more serious injuries may take longer than two years to treat, which means you’re unable to negotiate a settlement before filing a lawsuit because you don’t have any other choice.
And why does filing a lawsuit too early matter? Well, firstly, it costs money to file a lawsuit. Next, attorneys have to spend way more time and money on the case once you file a lawsuit, which means less money to you in the end. Another big reason is that the attorney’s fees change from 33 1/3% to 40%, which means you get even less in the end. Most cases settle before having to file a lawsuit, but with this change, it’s just going to mean more lawsuits have to be filed, which seems contrary to the intent of this law change.
Another big change relates to the admissibility of medical bills in court. The new law changes what sort of evidence can be used to prove damages relating to medical treatment to more closely reflect the actual payments or what would be paid by insurance for those medical expenses. So, how does this affect you? Well, if you use insurance to pay for your treatment, it really doesn’t. The major impact is to those who can’t afford to pay for treatment because they don’t have insurance or, even if they do, can’t afford the copay. In that instance, attorneys would get what’s called a letter of protection, or LOP, which is essentially a promise to pay the doctor back later from the case for treatment performed now. This new change essentially removes the ability to use LOPs anymore because it doesn’t matter what the doctor charges, or what you owe; what matters is what insurance would have paid.
Now, you can still get an LOP, but the complications with proving damages if you do will most likely require hiring an expert to explain everything, which will just confuse the jury and also cost a lot of money. But the reason why this change is so important is that medicals are what drives the value of personal injury cases, so if you don’t have a way of getting to a doctor because you can’t afford treatment without an LOP, then there’s not much you can get from your case.
The biggest change to the law relates to what’s called comparative negligence, which is your own fault. In every accident, it’s extremely rare that the defendant, who is the party that you’re saying was at fault and that you’re suing, will be found to be 100% at fault. Rather, you may be at fault too, which is your comparative negligence. The old, and better law in my opinion, was that you could still recover unless you were found to be 100% at fault or, in other words, the defendant was found 0% at fault. Thus, if a jury said your case is worth $1,000,000, but they also found you 51% at fault, you’d still get $490,000 since the defendant was 49% at fault. You see, with the old law, the defendant had to pay their own percentage of fault, even if it was only 1%, or $10,000 in the prior example.
Now, under the new law, in the same scenario, if you’re found to be over 50% at fault, you get nothing, whereas, under the old law, you’d still get whatever percentage the defendant was at fault. This is a huge change, especially for slip, trip, and fall cases since most of the time, both parties are found to be at fault. The same is true for motor vehicle accident cases, but more rarely if you’re rear-ended.
This means that more attorneys will not be willing to spend the time or resources to represent you unless it’s clear that you weren’t at fault at all, which is rarely the case. And if an attorney isn’t willing to help, you might as well say goodbye to that case because there’s no way that you could be able to handle it on your own, especially with these new changes.
One other thing that existed before this law change that I run into a lot is that in motor vehicle accident cases you have to hope that the party that crashed into you has insurance because there’s no law requiring anyone to have liability or bodily injury insurance, which covers other people. Rather, you’re only required to have personal injury protection, or PIP, which just covers you. This is why you should always try and get uninsured or underinsured, also called UM, insurance coverage, which will cover you in case the person that causes your accident doesn’t have any or enough insurance.
Now, if you were hurt at work in Florida, it’s becoming more and more of an uphill battle to get what little you do get from Florida workers’ compensation. My channel is mostly dedicated to Florida work comp law since that’s my primary practice, so I have a lot more videos on this subject, so this portion of the video will just be a brief summary of the law and why it is how it is.
There are only two things that you may be able to get if you get hurt at work in Florida, if you qualify that is: medical care and payment of a percentage, usually arounds 2/3s, of your average weekly wage if you’re out of work. To get either medical care or paid lost wages, you need medical opinions supporting the provision of both. This usually comes from your authorized doctor, who is chosen by work comp. In most cases, your work comp doctor will release you too soon, which means, if you want anything else from your case, you’re going to need to request a one-time change in physician, who is also picked by work comp and will probably land you in the same position you’re already in, or hire a medical expert, called an independent medical examiner, or IME, to offer opinions, which costs thousands of dollars. And that cost is on you. When you get to this point, it may be best to just settle. To learn more about settling, check out the video in the card above.
But how is it that the workers’ compensation insurance companies have gotten such the upper hand for work comp laws? Well, just like the tort reform bill, you have to think of who’s creating and interpreting the laws. Firstly, the legislature writes the laws, and the legislature is heavily swayed to the republican party in Florida. Then, the judges interpret that law. But guess what? We don’t vote work comp judges into office like we do circuit court judges. Rather, the governor, who is Ron DeSantis at the time of making this video, hires and fires all of the work comp judges in Florida. Thus, it’s no coincidence that most of the work comp judges in Florida are former defense attorneys who’ve represented employers and insurance companies in the past. And that’s not to say that every judge appointed by the Governor is a former defense attorney because they’re not, or just because a judge was a former defense attorney means that the judge will always side for work comp, but, look, it’s just part of human nature to side with our biases and with what we are most familiar. And when judges side more with insurance companies, that creates better laws for the insurance companies and worse laws for injured workers.
Now that you know more about Florida’s injury laws and why they are the way they are, what can you do about it? There’s not much you can do to change the laws, but there is something that you can do to change who’s making and interpreting the laws: vote. Vote for representatives who have YOUR interests at heart no matter the party, and who care to make sure that you’re covered if and when you get hurt in Florida.
So, in summary, just don’t get hurt in Florida because, if you do due to someone else’s general fault, you have to file a lawsuit within 2 years of your accident now instead of 4, having LOPs is too complicated and your medical damages are significantly reduced making your case worth less, and if you’re found to be over 50% at fault you get nothing; and if you get hurt at work, your medical care is chosen by work comp and you’re only paid about 2/3s of your average weekly wage by work comp, that is unless they decide to deny your case or benefits, in which case you’ll have to spend thousands of dollars to hire an expert; lastly, the fact is that the new tort reform laws were created by Governor Ron Desantis and the work comp judges, who interpret the work comp laws, were appointed or reappointed by DeSantis too. What you do or don’t do with that information is up to you – I’m just here to give you the information as to why the laws are the way they are in Florida.
And there you have it: now you know more about Florida’s injury laws, why you don’t want to get hurt in Florida, and what you can do to maybe change it.
If you or someone you know were injured on the job or due to the fault of another, you NEED to hire an attorney: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or, better yet, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button. To learn more, watch my previous video here or watch a video I’ve chosen for you here. Again, I’m Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
Can you TRUST your Work Comp DOCTOR? (Answered!)
How much MONEY you SPEND to have a Work Comp CASE? (Costs to expect!)
Get PAID $2,000 NOW in your Work Comp case! (Brief guide to an advance payment)
Your work comp doctor doesn’t care about you. He only cares about getting more business from the insurance carrier!
In this video, you’ll learn why many injured workers believe just that – as we discuss all about authorized work comp doctors as well as some tips when presenting to them.
How’s it going? Domenic Celeste, the virtual accident attorney here, and I’m back with another video. For those that don’t know, I represent people injured on the job in workers’ compensation and due to the fault of another in personal injury all throughout Florida.
Now, as usual, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
So, as the title of the video asks, can you trust your authorized work comp doctor? No! And that’s a first for one of my videos – I gave you the answer right away. But there’s a reason! So, before you stop watching this video, stick around to find out why you can’t trust your work comp doctor as well as to learn some tips when you see the doctor.
Florida Statute 440.13 deals with medical services and supplies, penalties for violations, and limitations. This is where you’ll find most of the work comp law regarding medical care. I’m not going to go over all of it in this video since it’s not what this it’s about, but, basically, workers’ compensation gets to pick and choose your doctors, but, in exchange, it has to pay for the medical care recommended by those doctors, who are called authorized doctors.
But how is it that work comp knows who to authorize as your treating doctor? Well, work comp usually has a list of doctors that they like to use depending on the doctor’s location and specialty. But why do they have this list? Firstly, work comp needs to know what doctors are willing to even take on a work comp patient because it’s different than treating a non-work comp patient in that the doctors need to understand a little about work comp law, mostly as it relates to what’s called major contributing cause or MCC, which is basically that your accident is more than 50% the cause of your injury and need for treatment. Also, work comp doctors get paid significantly less than if you used your own personal health insurance, so they must be willing to take what’s called the work comp fee schedule if they’re located in Florida.
The biggest reason why work comp has this list is to know what doctors are more willing to side with them over you. Wait, what? Yea, I know right. I mean, think about it – work comp is a business, and businesses want to make money, not spend it. So, if work comp authorizes doctors who are more willing to see you only one time then release you rather than see you many times and recommend expensive treatment, it’s going to save a lot of money, which in turn, makes them a lot of money. Now, that’s not to say that every doctor that work comp chooses operates in this same way – I mean, they do have their oath to consider, right? But, in my experience, there are certain doctors that you know are more insurance minded as they are constantly authorized and always have the same opinions in favor of work comp over the injured worker.
But why would these doctors do this? Why would they take the side of the work comp carrier over their patients? TGhis is also business for the doctors as well. While they don’t get paid for expensive treatments, the number of patients that they see makes up for it. But, the only way that they can keep up the volume of patients is by making sure work comp continues to authorize them, which will only happen if they continue giving work comp favorable opinions to save them money. As the saying goes, don’t bite the hand that feeds you.
To show you an example of just how one-sided work comp doctors can be, I had a case with a 20-year-old client. He was lifting a 700-pound plate of glass for a huge window with other coworkers when the coworker on my client’s side dropped his end, causing the brunt of the weight on one side to have to be carried just by my client, which severely injured his low back. My client never had an injury let alone one to his low back in his short 20-year life, and this was his first job ever. Yet, the work comp doctor kicked my client to the curb stating that his injury was degenerative and not related to our accident. In the doctor’s deposition, he testified that as soon as someone is born, any injuries to the spine are all degenerative and, therefore, can never be related to a work accident, which significantly delayed my client getting any medical care for his low back. And you don’t have to be a doctor to know how ridiculous the doctor’s opinion was here.
Or, how about the person who tweaked his low back 30 years ago playing ping pong but didn’t get any treatment, then, 30 years later, after lifting millions of pounds over his 20-year career with the employer (yes, we calculated it) working in a warehouse without any treatment or complaint, his back goes out. Can you guess what the work comp doctor attributed the low back injury to? If you guessed lifting millions of pounds, you’d be wrong. This client lost his case because of this doctor’s insane opinion.
But, even if the doctor is on the dark side, there are things that you can do to help your case because, ultimately, it’s up to whether the judge believes the doctor or not. Sure, the doctor’s opinion may support a temporary denial by work comp, but that denial is only set in stone if the judge says so. So, let’s get into some of those tips to help your case even if you have an untrustworthy authorized work comp doctor.
The first tip is to always tell the truth. If you don’t tell your work comp doctor something, they’ll assume you’ve lied about everything and release you. That’s not to say that they won’t do that anyways, especially if there’s anything else that they can point their finger at such as a prior injury or mere complaint even without treatment. And this wouldn’t make you credible in front of the judge either.
Another tip is to be nice. You already know the doctor isn’t on your side, so don’t give them a reason to make it worse. If being nice gets you the opinions needed to get treatment and lost wages, then it’s worth it. Plus, it doesn’t take much effort to be nice. I know it can be frustrating not having a doctor listen or help you, but yelling or cursing at them isn’t going to do anything but make it seem like you’re the crazy one, and a judge won’t like that either.
Also, take note of some things when you see the doctor such as how long he’s with you, what exams he performs, or if he even asks any questions. Sometimes these doctors will put in their report that they’ve done something or gotten information from you when that’s not true at all. With that information, the doctors could be confronted by your attorney in deposition, which could diminish their credibility with the judge.
Lastly, just because the doctor gives an opinion doesn’t mean that it’s supported by the law. There are many different ways to either discredit or even have the doctor’s opinion stricken under the law, which is why it’s important to have an attorney representing you to know how to do that.
So, in summary, don’t trust your work comp doctor because they’re usually, but not always, chosen by the work comp carrier for one reason – to help them and not you. And when you do see your work comp, remember to be truthful, nice, take notes, and hire an attorney, because, even if you have a bad doctor, only what the judge thinks matters in the end.
And there you have it: now you know more about the authorized doctors in a workers’ compensation case, and why you can’t trust them.
If you or someone you know were injured on the job or due to the fault of another, you NEED to hire an attorney: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or, better yet, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button. To learn more, watch my previous video here or watch a video I’ve chosen for you here. Again, I’m Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
Do you have enough money to afford to have a work comp case?
In this video, you’ll learn about what costs you might expect to pay in your Florida workers’ compensation case.
How’s it going? Domenic Celeste, the virtual accident attorney here, and I’m back with another video. For those that don’t know, I represent people injured on the job in workers’ compensation and due to the fault of another in personal injury all throughout Florida.
Now, as usual, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
According to Florida Statute 440.015, the Legislative intent of Florida’s workers’ compensation law is to assure the quick, prompt, and efficient delivery of disability and medical benefits to the injured worker to facilitate the workers’ return to gainful employment through a self-executing system that isn’t an economic or administrative burden to either party. Basically, when you get hurt at work, your lost wage and medical benefits should be provided almost automatically by work comp without it costing too much for anyone – especially you.
So why am I bringing this up in a video about case costs? Because if everything that I just said were true, then this video wouldn’t exist. You shouldn’t have to spend any money, but you do, and how much you may have to spend is determined by work comp’s choices in delaying or denying your benefits.
So, let’s go through what sort of costs you may have to spend from the start of your case to the end.
Unlike in a civil or personal injury case where you have to pay to file a lawsuit as well as serve the Defendant with the lawsuit, which costs money, you do not have to pay any money to start a workers’ compensation case. Now, technically, if you file a claim, which is called a petition for benefits or PFB, in your work comp case, it has to be sent certified to your employer, which costs about $10, but if you don’t have an attorney, no one really cares, so you most likely won’t have to do this.
Alright, say you’ve now started a work comp case, and everything is going fine. This stage of the case is called prelitigation, which is where you’re not preparing to go to court. The money you spend during this stage is called prelitigation costs. If you’re representing yourself, you shouldn’t really have to spend any money until and unless your case or some benefit is denied by work comp, but more on that later. Some costs that you may see during this time include paying for copies, postage, medical records, gas, medications, or copays.
Costs for copies are cheap at 25 cents per page, but it could add up depending on how many pages of documents are needed in your case. I’m completely electronic, so I don’t really have any costs for copies except the occasional printout here and there. While postage isn’t that much, if you’re representing yourself, you have to serve documents on the court and parties through the mail via letter, which can add up. However, if you have an attorney, we’re able to electronically serve documents through the court’s online portal, which is free.
Medical records also aren’t cheap because not only do you have to pay per page but there’s also a fee to get the records. If you’re getting hospital records, that can cost over $100 or more. However, if you’re the one requesting your records, the doctors may not charge you.
Driving to your doctor can cost you a lot of money in gas, but did you know that you can be reimbursed for this? If you decide to drive yourself to your doctor, work comp has to reimburse you 44.5 cents per mile, but only if submitted on a proper mileage form. Or, if you don’t want to drive or can’t drive, you can choose to have work comp provide medical transportation, which costs them a lot more per mile than 44.5 cents. This is why I usually recommend my clients choose this option to rack up the work comp bills.
If you get prescribed medications and take them to a pharmacy, sometimes you’re told that work comp hasn’t approved them yet, so you can’t get them unless you pay out of pocket. These meds can range from $5 to $100 or more. If you really need those meds, you’ll probably take the hit and just pay for them yourself, but you don’t and shouldn’t ever have to do that. The only medical care that you can choose for yourself in a Florida work comp case is your own pharmacy, and the pharmacy that I recommend my clients to use not only provides you with medication prescribed by your work comp doctor whether work comp pays or not, but also sends it right to your door sometimes overnight too no matter where in the country you live. If you’re interested in learning more about this pharmacy for your work comp case even if you’re not in Florida, feel free to text me at 561-935-3822.
Lastly, if you’re released to maximum medical improvement or MMI, which means that the doctor thinks that there’s no more treatment that will make you any better, then you have to pay a $10 copay every time that you see that doctor again. Some people just pay it whereas I always request a one-time change in doctor at that point or even hire a medical expert, but now we’re getting into litigation costs, so let’s move onto that.
Ok, now let’s get into the real costs in a case, which occurs when something goes wrong like a denial of lost wages, medical care, or even the entire case. When this happens, you’re in litigation, which is preparing to go to court, so these are called litigation costs.
Most work comp denials relate to medicals as that’s what drives work comp cases. Thus, if your authorized doctor is not on your side, you only have one option if you want anything else from your work comp case or to increase the value of your case for settlement purposes: hire an expert doctor called an independent medical examiner or IME. This is usually the biggest litigation cost in a work comp case ranging anywhere from $1000 to a few thousand dollars just for the examination and report. Some IMEs also charge a few hundred additional dollars for record review too. Then, in order for the IME’s opinion to come into evidence, you’ll need to take the IME’s deposition, which costs $200 per hour by statute for experts, and also pay for the court reporter and transcript, which adds an additional $500 or more in costs. All said and done, you could be looking at paying $2000 or more for an IME.
You may also have to hire other experts too depending on your case. For example, if you’re claiming that you’re permanently and totally disabled or PTD, then you probably need to pay about $3000 for a functional capacity exam or FCE, and another $2000 or so for a vocational expert. You’ll need their depositions and transcripts too. And if you want to talk to your expert before their depo, that will cost a couple hundred bucks too.
Other depositions that you may have to take include the authorized doctors, work comp adjuster, employer representatives, witnesses, records custodians, and the list goes on depending on your case. For each depo, you might as well add another 700 bucks.
Those are the big costs, but what other litigation costs might there be? I always order a complete copy of all of the medical records just to make sure that I have everything. Again, this could be over $100 for each doctor depending on how many records there are. If you have witnesses, you may have to serve them with subpoenas to testify in court, which costs about $80 per service or more. It’s probably a good idea to have physical copies of certain things in court as well to show witnesses, so there’s a cost of 25 cents per copy here too.
If you lose in court, the biggest cost to you would be paying the work comp attorney’s costs, which can be hundreds to thousands of dollars. This is one of the major risks in going to court in a Florida work comp case. If you settle, there may be some additional smaller costs for checks, postage, and envelopes, which are only a few bucks, but if you settle at a private mediation, you may have to pay a portion of the mediator’s fee, which could be a couple hundred to a couple thousand dollars or more.
Other random costs include notarizations at $10 per stamp; translator fees if a witness doesn’t speak English for about $120 per hour; plane tickets or hotels depending on where court is in relation to where you’re living; and anything else that may need to be spent depending on your case.
However, you don’t and shouldn’t have to pay for anything relating to your work comp case. Firstly, work comp has to pay for all of your medical care, so don’t ever come out of pocket for that. Secondly, you NEED to hire an attorney because, if you do, all of the costs I just told you about will be paid by the attorney – not you. You don’t even have to pay us out of pocket for our fees either, so there’s literally no reason not to hire one.
So, in summary, how much in costs that you may have to spend on your case depends on whether it’s going fine or not. There’s no cost to open a case, but there are various costs throughout the case in both the prelitigation and litigation stages. Examples of these costs include copies; postage; medical records; gas; medications; copays; expert fees; court reporter fees; transcripts; expert conferences; subpoena services; work comp attorney costs; checks; envelopes; mediator fees; notarizations; translator fees; plane tickets; hotels; and any anything else that may be needed for your case. However, remember that it’s work comp’s responsibility to pay for your medical care, and if you hire an attorney, they will front all of the costs on your case.
And there you have it: now you know what sort of costs you might expect to pay in your Florida workers’ compensation case.
If you or someone you know were injured on the job or due to the fault of another, you NEED to hire an attorney: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or, better yet, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button. To learn more, watch my previous video here or watch a video I’ve chosen for you here. Again, I’m Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
Could you use $2,000 right now? Well, listen closely cause I’m going to tell you how to get it!
In this video, you’ll learn how you can get paid a $2,000 advance in your Florida workers’ compensation case even if it’s denied and without settling it.
How’s it goin’? Domenic Celeste, the virtual accident attorney here, and I’m back with another video. For those that don’t know, I represent people injured on the job in workers’ compensation and due to the fault of another in personal injury all throughout Florida.
Now, as usual, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
In a Florida workers’ compensation case, there’s potential for you to get $2,000 now whether your case is accepted or denied and without settling it. This is called an advance payment, which is found in Florida Statute 440.20. Basically, it’s where you can receive $2,000 as an advance payment on your future work comp checks. But, getting this $2,000 isn’t automatic; there are certain things that you need to prove in order to get it. So, let’s go through what’s required for you to get a $2,000 advance, as well as some helpful trial tips at the end because to get this money, you usually have to go to court for it.
But before we get into what you need to prove, you need to know how it is you can even ask for an advance. Sure, you can just ask the adjuster, but that usually isn’t enough. Most commonly, a Motion for Advance is filed with the court with all of your supporting evidence whereby you ask the judge to either award you the advance, or, in the alternative, to set an evidentiary hearing on it. However, in my experience, the judge usually doesn’t just grant the advance without an evidentiary hearing. So, now that you know the mechanism to apply for an advance, let’s go through all of the requirements that you need to get it.
Firstly, you need to show that you either have not returned to employment at no substantial wage reduction; suffered a substantial loss of earning capacity; or have an actual or apparent impairment. Basically, you need to show that because of your work comp injury, you’ve lost wages whether you’ve returned to work or not, or that you have a physical impairment.
Now how do you show that you have an actual or apparent impairment? To show that you have an actual impairment, you need medical evidence from your doctor that you have a permanent impairment rating to your body as a whole, which, usually, only comes once you’re at maximum medical improvement or MMI. MMI means, basically, that you’re as good as you’re going to get medically. To show that you have an apparent impairment (say that ten times fast), you need medical evidence from your doctor that you were prescribed a device to wear or use, such as a brace or crutches, and you wear or use that device – hence, it’s apparent that you have an injury just by looking at you.
What about how you show that you have a substantial loss of earnings? Basically, you need to show that you’re on, at least, work restrictions, and that you’ve made less money after your work accident than before. If you’re not making any money now and are on work restrictions, you should meet this requirement easily. Now, how much is considered “substantial” hasn’t really been tested in the courts, but, in my experience, if it’s not enough to afford your bills, then your wage loss is probably going to be considered substantial.
And how you show this wage loss is by providing documentation or testimony as to how much you’re making before the accident and then how much you’re making after the accident, and this is usually shown through pay stubs.
The next thing that you need to show is that the principal purpose for the advance is either medical or financial, which basically means why do you need it?
The only way that I’ve seen an advance requested for medical reasons is to pay to hire an expert, but this is something that your attorney should be doing, not you. Remember, this is money paid now from what you may get in lost wages in the future.
The main reason an advance is requested is for financial reasons. Now most of my clients ask for an advance because they don’t want to fall behind on their bills, which is reasonable to ask, but, unfortunately, that’s not going to cut it. To get an advance you must have already fallen behind on those bills or borrowed money that you owe back, so that you didn’t fall behind. And this amount should be $2,000 or more.
The most common way to show a financial need for an advance is to show how much your bills are every month and how many months behind you are on those bills. How do you prove this? Well, you can just testify to what your bills are now and how much you’re behind. There’s no requirement to show documentation for your bills, even though some judges ask for it. If you did have to show documentation, it would be so expensive that it wouldn’t even be worth it to ask for the advance. Testimony, if credible and truthful, is more than enough, especially when there’s nothing to contradict it.
Another way is to show that you’ve borrowed money from family or friends or even loan companies. I even use credit card payments here, which are basically loans with interest, to show this as well. How do you prove this? Again, you can just testify to how much money you’ve borrowed, from whom, and that it was used to pay your bills. But make sure to say that the money is expected to be paid back, which shows you still owe that money.
Also, if you’re not far enough behind on your bills or haven’t borrowed enough money to individually hit $2,000, then you can combine the two to hit the $2,000 threshold. For example, if you’re behind $1,000 and borrowed $1,000, then you can add them together to get to the $2,000 threshold. Another important thing to note here is you must have fallen behind on your bills or borrowed money to pay your bills after your work accident, not before. Cause there has to be some sort of nexus to your accident. I always have my clients testify that they weren’t behind nor did they borrow any money before the accident to meet this requirement.
The next thing that you need to show, which seems kind of obvious, is that the advance is in your best interest, which is as easy as testifying that you believe it’s in your best interest.
The next thing to show is why $2,000, as opposed to something less, should be paid to you. If you’re behind on or owe $2,000 or more in total, then that is why you should get the full $2,000. However, if you’re only behind or owe, for example, $1,000, then that’s most likely the most you can get. By the way, it’s possible to get more than $2,000 as an advance, but I never recommend doing that because then you have to show that work comp isn’t prejudiced by paying it, and almost every time I’ve seen someone ask for more than $2,000, the judge finds that work comp is prejudiced, and denies it. And guess what happens after that? The client doesn’t get anything – not even $2,000, which is not only a complete waste of time and money but also hurts you because now you’re without any money to help catch back up on bills.
Something else you need to know is that an advance isn’t free money. Even though you’ll be paid the advance in a lump sum, the work comp carrier is entitled to deduct 25% of your future work comp checks until the full advance is paid back. Also, if you ever settle your case and haven’t paid the advance back yet, the work comp carrier will most likely want to reduce your settlement by how much of the advance you still owe. For me, I always negotiate the settlement so that work comp doesn’t recoup the $2,000 advance, which is extra money in my client’s pocket.
Now, here are some bonus trial tips that I think you should know:
Firstly, as I stated earlier, you don’t need documentation, such as bills or even your medical records, to win an advance. If you’re truthful and credible, then your testimony alone should be enough. However, this is where having an attorney is really important because you need to be prepared as to not only what to say but how to say it, so that you don’t get objections like hearsay. But remember, this is an evidentiary hearing, so work comp needs to produce some sort of evidence to contradict what you say, so it’s also important to try and get anything they have out of evidence.
Probably the most important tip is that the advance hearing only relates to the elements to prove entitlement to the advance. What I’ve seen the work comp attorney do is try and confuse the judge by bringing in other stuff into the hearing such as that your injury is pre-existing, some sort of fraud denial, or something else totally irrelevant to obtaining an advance. If they try and do this, you need object to it being outside the scope of an advance hearing because it’s, essentially, causing a mini trial.
So, in summary, you should only go for a $2,000 advance and not more; it should be requested by motion; you don’t need documentation to support your request if you’re credible; you need to have made less money after your accident than before or have an impairment rating or are wearing something that shows your injured like a brace; it must be for a medical or financial purpose, which means you’re behind on bills or owe loans totaling $2,000 or more; you need to say it’s in your best interest; and why $2,000, as opposed to something less, should be paid.
And there you have it: now you know what you need to do to prove your entitlement to and payment of a $2,000 advance in your Florida workers’ compensation case.
If you or someone you know were injured on the job or due to the fault of another, you NEED to hire an attorney: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or, better yet, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button. To learn more, watch my previous video here or watch a video I’ve chosen for you here. Again, I’m Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
Top 10 MISTAKES that may KILL your Work Comp case! (+BONUS)
The MOST IMPORTANT thing to WIN the Work Comp JACKPOT! (This changes everything!)
HOW LONG until your Work Comp case ENDS? (Factors)
If you don’t listen closely to what I’m about to tell you, you may kill your work comp case.
In this video, you’ll learn the top 10 mistakes that injured workers make that completely destroy their work comp case, and how you can stop that from ever happening.
How’s it going? Domenic Celeste, the virtual accident attorney here, and I’m back with another video. For those that don’t know, I represent people injured on the job in workers’ compensation and due to the fault of another in personal injury all throughout Florida.
Now, as usual, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
Before we begin, a mistake in a work comp case is something that has a negative impact on it that would have been completely preventable if the injured worker was informed of the consequences of their action or inaction. In other words, it’s something that stops you from getting benefits all because you didn’t know any better.
I’ll put out another video in the future going over less important mistakes that won’t kill your case but may make it more difficult or worse off. And with that, let’s get into the worst mistakes that you can make that may kill your work comp case starting with number ten and working our way down to number one.
The number ten mistake is not reporting your accident as being work-related or giving the same description of the accident. First, if you get hurt at work, you need to tell anyone who asks that it happened at work. This includes your employer, coworkers, doctors, friends, anyone who might eventually be asked by work comp about how you got hurt. And if you don’t and say that it was something not work-related, later on, when you try and change your tune, no one and, most importantly, the judge, won’t believe you. And if the judge doesn’t believe you, you lose! Sometimes your employer tells you not to report it as work-related, and that it’ll take care of everything itself, but don’t believe them. They are just setting you up for failure. A little tip here is to never trust your employer when it comes to your work comp case.
Also, even if you do report your accident as being work-related, you need to make sure that you keep your story straight and say the exact same description to every person. This is important because, if your story changes, even just a little bit, it diminishes your credibility with the judge, who will most likely believe the employer over you if it comes to it.
The number nine mistake is seeing your own personal doctor. Medical evidence is what drives a work comp case. The only medical evidence that’s admissible in a work comp case, though, are opinions from authorized doctors, independent medical examiners or IMEs, which are either your or work comp’s experts, or an expert medical advisor or EMA, which is the judge’s expert. So, if you see your own doctor, that doctor’s opinions will never be allowed in front of the judge, and if you don’t have medical evidence to support your case or your claim for medical care or lost wages, then you lose and get nothing. Also, work comp is only responsible for paying for medical care that’s recommended by an authorized doctor, IME, or EMA, which means your personal doctor’s bills will be your responsibility to pay – not work comp’s. Further, if you try and use your own health insurance and they find out your injuries are work-related, they may deny payment, leaving you on the hook for the bills to pay out of your own pocket.
The number eight mistake is not paying your taxes. You might be wondering – why does this even matter? Well, it matters because your average weekly wage is calculated based on the money you made on which you paid taxes. If you didn’t file your taxes, then there’s no money to use as a value to calculate your average weekly wage, which means, you don’t get paid anything. Now, even if you haven’t paid your taxes yet, you still can even after your accident. And once that’s done, then your average weekly wage will be calculated, and you’ll be paid. However, you won’t get any penalties and interest during the time that you were entitled to lost wages but didn’t pay your taxes.
The number seven mistake is not filling out the employer earnings report or EER forms, which are also called DWC-19s. EER forms show what, if any, other income you’re making besides work comp checks. The purpose of these forms is so that work comp knows how to pay you correctly since, if you’re making other income, there may be an offset with work comp, meaning, work comp can pay you less depending on what other income you’re making.
The reason filling these forms out is important to you is because, if you don’t, work comp can deny paying you lost wages. Also, until you do fill them out and send them to work comp, you won’t get paid penalties or interest on the late payments. However, work comp is responsible for sending you these forms to fill out, so, if they don’t and the delay is due to work comp not sending you the forms, penalties and interest will be added to your payments.
The number six mistake is not returning to work or quitting your job. This relates to entitlement to lost wages or work comp checks, which is called indemnity or disability benefits in work comp. To get work comp checks, your work comp doctor needs to have you out of work or on, at least, work restrictions and not at maximum medical improvement or MMI. Once this happens, it’s on your employer to offer you a light duty job in writing, otherwise work comp will have to pay you about two-thirds of your average weekly wage. However, if you don’t, at least, attempt the job that is offered, work comp can deny payment of work comp checks due to something called voluntary limitation of income, which also applies if you quit your job.
Voluntary limitation of income basically means that you’re the reason you’re not making a wage – not your work injury. So, if you’re offered a job, even if it appears that it may be outside of your work restrictions, still attempt it and, if it’s outside of your restrictions, report that to your employer your work comp doctor, so that you have evidence that your refusal of this “light duty” job is justified. Also, rather than quitting, wait to be terminated because then it’s impossible for work comp to offer you a light duty job, and it might set up another case for work comp retaliation. If you’re forced to quit, you better have some good evidence that you had no choice, otherwise, your lost wage claim will be denied.
The number five mistake is missing court-ordered events. There are certain events, such as mediations and final hearings, which is what court is called in work comp, that are scheduled by the Court. If you miss these events, it could mean the end of your case depending on the circumstances.
If you miss mediation, then the judge will give you the opportunity to explain why at a show-cause hearing. But if your excuse is not good enough, then your claims will be dismissed without prejudice, meaning you can refile them again, but only once more before any subsequent dismissals are with prejudice, which means you can never file them again. If you miss the final hearing, you don’t get an opportunity to explain; rather, the claims you brought to the court will be dismissed with prejudice, meaning you’re done requesting those exact benefits again. Basically, just don’t miss these events.
The number four mistake is refusing authorized medical care. Firstly, you have to see your work comp doctor at least once a year, or your case will be closed due to violation of the statute of limitations. Secondly, if you don’t get the medical care that your authorized doctor recommends, work comp can deny your case for medical noncompliance. If there comes a time when your work comp doctor recommends something that you don’t feel comfortable getting, like, for example, surgery, then it may be a good time to settle your case. For more information on settling your case, check out the video linked in the card above.
The number three mistake is not reporting your accident and injury within thirty days of it occurring or when you knew or should have known that your injury was related to your work. This is the first requirement that you have whenever you get hurt at work. If you don’t do this, your case is over before it even started. There are some circumstances when you might be able to get around it, but, in most cases, this will be the death of your case.
I’d recommend that you always report your accident and injury immediately, to a supervisor, and in writing such as an email or text. The sooner you report, the better the chance that work comp won’t deny your case, and if it’s in writing, then you have evidence in case your employer lies and says that you didn’t report timely.
The number two mistake is not filing a work comp claim within two years of your accident. This is called the Statute of Limitations. This mistake never really comes up if you have an attorney, but, if you don’t, even if you have a case, you still have to file a claim. Sometimes there are things that toll, or extend, the date by which you have to file a claim, but it’s important to note because, if a claim isn’t filed timely, then your case will be over. You can bet work comp is keeping a close eye on this end date, so you should be too. I always file a claim as soon as I come on a case as well as multiple times throughout the case, which keeps extending the end date, so we never get into trouble.
And, lastly, the number one mistake is exaggerating or not telling the truth. The easiest way for work comp to deny your case is if you exaggerate or don’t tell the truth and they find out, because then they can deny your case for fraud, which is called misrepresentation in the work comp statute. This is where work comp will present you to the judge as a liar and, if the judge agrees, your case will be dismissed. What’s crazy is that the misrepresentation doesn’t even have to be relevant to your case; it can be about anything if there’s even a slight chance that the judge will believe it was for the purpose of securing work comp benefits. The most common examples that I’ve seen are when you don’t tell a doctor or the work comp attorney in deposition about a prior injury, or when you say you can’t do something, but what you really mean is that you have pain and limitations and then they catch you doing that thing.
I always tell my clients that it’s easier to get around a truth than it is a lie, and you need to understand that as well. Also, always assume that work comp is watching you because, chances are, they’ve probably hired an investigator to follow you, especially if your case is valuable.
Now for the BONUS mistake: not hiring an attorney to help with your work comp case. Florida workers’ compensation laws are very complicated – too complicated to handle on your own – and are constantly changing too. Trying to handle your case yourself is only setting you up for failure because not only do you not know the extent of what you can get, but you don’t know what it takes to get it. Too often do injured workers come to me for help after something goes wrong or something is delayed when they wouldn’t be in that position if they just hired me in the first place.
And there’s literally no reason not to hire an attorney since their representation is completely free and you don’t pay a dime unless you settle your case. It’s like having insurance without the copay, and who doesn’t want that? Hiring an attorney is protection for you and your case, and will, most likely, stop you from making any of the top ten mistakes that I just talked about that may kill your work comp case.
So, in summary: report your accident as work-related and always give the same description of accident; don’t see your own doctor for your work comp injury; pay your taxes; fill out the EER forms; attempt light duty and don’t quit your job; attend court-ordered events; see your work comp doctor at least once per year and get the medical care recommended by the authorized doctor or settle instead; report your accident and injury within 30 days of it occurring; file a claim within 2 years of your accident; always tell the truth and don’t exaggerate, and hire an attorney.
And there you have it: now you know the top ten mistakes that injured workers make and what you can do to prevent them.
If you or someone you know were injured on the job or due to the fault of another, you NEED to hire an attorney: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or, better yet, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button. To learn more, watch my previous video here or watch a video I’ve chosen for you here. Again, I’m Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
If what I’m about to tell you in this video happens to you in your work comp case, consider yourself lucky because you just hit the work comp jackpot!
In this video, you’ll learn about the single most important thing that can happen in your work comp case to set you up for success: getting to choose your treating doctor.
How’s it going? Domenic Celeste, the virtual accident attorney here, and I’m back with another video. For those that don’t know, I represent people injured on the job in workers’ compensation and due to the fault of another in personal injury all throughout Florida.
Now, as usual, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
Firstly, before we get into why choosing your treating doctor, which is called a one-time change in physician in Florida, is the most important thing that can happen in your work comp case, let me explain a little bit about the law. Now, I’m not going to go into full detail here, but I will in a future video, so make sure to subscribe and turn on the notification bell to find out when that video’s released.
The request for a one-time change in physician is found in a single paragraph in Florida Statute 440.13(2)(f). Briefly, you’re only entitled to one change in physician per case; not per specialty. The change in physician needs to be within the same specialty as the treating doctor you’re changing from and cannot be professionally associated with that prior treating doctor at all. Your request needs to be in writing and absolutely clear in its intent. Work comp gets to pick the change in doctor if they respond with a new doctor’s name within five calendar days, but, if they don’t respond appropriately or within those five calendar days, then you’ll get to pick your change in doctor, subject to some gray areas, which I’ll go over in another video.
There are a lot of gray areas in the law that haven’t been fleshed out yet, and some that are constantly changing; for example, most recently, what does “specialty” mean. This one paragraph in the statute is such a cause of controversy because of how important getting to choose the treating doctor is, and work comp knows that! Medical care drives everything in a work comp case. I’ve already talked about this in more detail in a prior video, so I won’t get into it too much here, but there are only two things you can get in a work comp case: medical care and lost wages, which is based on your injuries and treatment for them.
So, it’s no wonder why getting to choose your change in doctor is so important: everything is riding on your treating doctor’s opinions. Sure, you can hire an expert, but, in my experience, judges tend to favor treating doctor’s opinions over hired experts even though, to me, they’re one in the same. The only difference is who’s paying them: work comp verses you. But, you have to play the game to win it, and getting to choose the treating doctor helps to that end.
So, why is getting to choose your treating doctor so important? In answering this, the first thing you need to understand is that work comp is a business. Like most businesses, it doesn’t want to spend money; it wants to save it because that’s how they make money – collect a lot in premiums and pay out way less than they collect. Now, how would work comp accomplish this business model? By authorizing doctors that are in their pockets. Think about it: Why would work comp authorize a doctor who’s going to recommend expensive treatment over a doctor who, every time they’re authorized, sees the injured worker once then releases them? A few hundred bucks for one visit beats paying tens of thousands of dollars for surgery, right?. I mean, I see the same doctors authorized all the time. Why is that? Because work comp already knows what they are going to get when they pick that doctor for you – a quick in and out, which saves work comp a ton of money. It’s unfortunate, but that’s its business. And the insurance doctors are on board with this because this is all business to them as well. While they aren’t getting paid to perform expensive treatments like surgery, they are seeing so many work comp patients that it ends up working out for them financially in the end.
Now, flip the previous scenario around and replace the doctor chosen by work comp with your choice in doctor. Even though work comp is paying them as the new treating doctor, it’s not the same as that insurance doctors. Remember, insurance doctors make their money off a volume of patients whereas your choice in doctor knows the only reason they’re being paid is because of you, and that work comp will never willingly authorize them again, so how do they make their money? Easy! By recommending a lot of expensive treatment for you.
Not only are they costing the work comp insurance company more money, but you’re getting more treatment than you otherwise would if you didn’t get your choice in doctor. There’s also a stronger chance of getting a favorable opinion to support a claim for lost wages too. A secondary benefit of recommending more expensive treatment and support for lost wages is that it increases the value of your case for settlement purposes and makes it so work comp wants to get rid of you and your case through a settlement.
Basically, getting to choose your doctor gives you the option to get more medical care and lost wages paid for by work comp or to settle your case for more money in your pocket. You also get the added benefit that, if work comp ever denies something that your choice in treating doctor recommends, there’s a stronger possibility that the judge will side with your choice in authorized doctor over work comp’s expert doctor.
Now, don’t get me wrong, getting your choice in doctor isn’t a guarantee that you will get more treatment or lost wages, but it does give you a better chance at getting those things over the doctor work comp chooses; it all depends on the severity of your injuries and the facts of your case. There’s also the possibility that the doctor work comp chooses will do what’s right and treat you, but there’s a lower chance of that happening.
BONUS! Here’s a little secret to have a better chance of your choice in doctor being more on your side… Hire an attorney to choose the doctor because attorneys usually have relationships with doctors, which means, similar to how insurance doctors give opinions suited to insurance companies so they continue to be chosen, your attorney’s choice in doctor will usually give better opinions for you since they want to continue getting business from your attorney, whether that’s through getting authorized as a treating doctor or hired as an expert on another case.
So, in summary, if you meet the requirements to get to choose your one-time change in physician, which are that it’s in writing, within the same specialty and not professionally associated with your prior treating doctor, and work comp doesn’t properly respond within five calendar days, it’s the best thing that can happen to you and your work comp case. There is a higher chance of you getting more treatment and paid lost wages as well as a higher settlement and more credibility with the judge if your choice is authorized as the treating doctor since you got them authorized, and they don’t have to worry about work comp picking them on another case, verses being stuck with work comp’s choice in doctor, who wants more business from work comp, so they’re more willing to side with them to make a quick buck.
And there you have it: now you know why getting your choice in treating doctor is the single most important thing that can happen for you in your work comp case.
If you or someone you know were injured on the job or due to the fault of another, you need to hire an attorney: feel free to give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, better yet, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
I’m Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
You can keep your case open for how long?!
In this video, you’ll learn how long your Florida workers’ compensation case may take to conclude.
How’s it going? Domenic Celeste, the virtual accident attorney here, and I’m back with another video. For those that don’t know, I represent people injured on the job in workers’ compensation and due to the fault of another in personal injury all throughout Florida.
Now, as usual, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
So, you want to know how long your work comp case will take. Well, I actually have an answer for you: it depends. No, seriously, it really does depend on what you want from your case. How long your case takes varies from case to case and person to person. But why? Because every case is different, and every person’s wants and needs are different too.
I’ve settled cases within a few months of starting my representation and have seen cases last over 20 years or longer. It really does all depend on you. But, I know you want an answer, so let’s go through how long it takes depending on what you want.
LOOK, I JUST WANT TO MOVE ON!
Most of you are probably here because you want a quick conclusion to your case, but what does that look like? Your case can be quickly concluded if you’ve healed enough to get back to work full duty, or if you decide to take a quick pay day by settling.
First, depending on the severity of your injury, you may only need minimal treatment. Some injuries, like sprains or strains, only require physical therapy or an injection or two, and then you’re good to go back to work full duty. If that’s the case, it could take only a few weeks to a few months for your case to conclude.
However, maybe you don’t want to go back to work because you don’t like your job, or you just need some cash before moving on to the next thing. If that’s the case, work comp may be willing to pay what we call “nuisance value” on your case, which ranges from $3,500 to $7,500, or sometimes $10,000 depending on your injuries and future value of your case. This is money to, basically, get rid of you and the unknown of what may come from your case. It doesn’t take long to get to this point; maybe a few months after going to the doctor. To get more than that $7,500 to $10,000 range, though, you’ll need some value on your case, which may take a little longer to get there.
To learn more about how much your case may be worth, be sure to watch the video linked in the card above.
I WANT TO SEE WHERE THIS GOES!
Now, some of you may have more serious injuries or want a little more than nuisance value out of your case. Or, some of you may have issues with your case that may require more time. If you’re in any of these situations, you’re looking at between 6 months to over a year before your case is concluded.
Firstly, if have more serious injuries, you’ll need more treatment. The initial treatment that you get is called conservative care, which includes seeing a PCP, physical therapy, medications, and injections. After all of that treatment has failed or, in other words, hasn’t made you any better, then you may be able to get surgery or other similar types of treatment. Obviously, it takes time to go through all of that treatment because the doctor needs to see if it’s working. How long it takes your case to conclude in this situation depends on how much treatment you’ll need.
Now, you may also be more interested in just settling once you’re at the point where surgery is recommended, which is totally fine and happens a lot; however, you still have to go through all of that conservative care to the point that surgery is recommended. This, again, depends on how long it takes to get to the point of surgery, if ever. But, once surgery is recommended, your case may be at its most valuable point, which is probably the best time to settle, so that you get more in your pocket.
The last instance where it may take longer for your case to conclude is where you have issues with your case like the doctor says your injuries are pre-existing, or work comp says your accident doesn’t qualify as being work related, or any other numerous issues that could arise. And the reason getting over these issues takes a while is because there are rules dictating how many days must pass to get to mediation and court after you file a claim. In Florida, you have 130 days from the date that you filed a claim before you can go to mediation and 210 days before you can go to court. Mediation is where you attempt to resolve the issues or settle the case. And court, which is called a final hearing in work comp, is where you actually get a ruling from the judge on the issues. Thus, if work comp doesn’t agree with your position or doesn’t want to pay what you want to settle, you have no choice but to go to these court-ordered events, which obviously takes time.
I WANT TO DRAIN WORK COMP FOR EVERY CENT THAT I CAN!
Lastly, you may be in a situation where you want to squeeze work comp of every penny and of every pill that you’re entitled to. Most people want to get out of the work comp system as fast as possible because, honestly, it’s not great in the long run; however, some people see it differently or are in a situation where they don’t really have a choice. For example, if you don’t have your own insurance or can’t risk not being employed and making a wage.
If you’re in it for the long haul, even if your doctor has released you, you can keep your case open for your whole life so long as you see your work comp doctor once per year so that you don’t violate the statute of limitations. However, just remember, if your doctor has released you, you’ll be responsible for paying a $10 copay, which is cheap compared to how much you’d have to pay outside of the work comp system. There are some limitations to getting benefits, though, like you’re only entitled to temporary disability benefits for 5 years and can only get paid permanent total disability benefits until the age of 75. Medical care can be provided forever, though, so long as you remain entitled to it.
Which brings me to what I see as being the biggest hurdle with keeping cases open for a long time: the longer your case is open, the more things that can go wrong like an unexpected death or intervening event that totally blows up your case. A work comp case is not like a fine wine: it does not get better with age. You never know what the future holds, which is why so many cases settle, because settling is a guarantee instead of rolling the dice to see what tomorrow brings.
However, sometimes it takes a long time to get your case to its highest value to settle, if that’s what you’re looking for. Some people want to get the most through work comp and also a settlement, which could take a few years to accomplish. For example, I just settled a case for close to $200,000, which is a great settlement in work comp, but it took 4 years, a failed surgery, and a claim for permanent total disability benefits to accomplish. This case was a work in progress, but this was our plan from the beginning: get as many benefits as possible and then settle once the client was at the stage of permanent total disability.
If you’re interested in finding out when it may be the best time to settle your case, have a watch of the video linked in the card above.
Now, a little tip here is that I never recommend just letting your case go for nothing. Even if it’s denied or you’ve recovered, you could always settle to squeeze out just that little bit more if you’re ok with separating from your employment.
So, in summary, how long your case will take depends on your specific case and what you want from it.
If you want it to be quick, you could be done in a few weeks to a few months if you get better from treatment or want to settle for nuisance value.
If you want to spend a little time to either get some more treatment or build the value of your case to get a more meaningful settlement, it could take 6 months to over a year.
Or, if you really wanted to, you could keep your case open for as long as it takes to get the most treatment possible, to build the highest value to your case as possible, or just keep it open for your whole life to protect you in the future.
Lastly, never just let your case go because you can always get some extra cash in your pocket by settling it.
And there you have it: now you know how long your Florida workers’ compensation case may take to conclude.
If you or someone you know were injured on the job or due to the fault of another, you NEED to hire an attorney: feel free to give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, better yet, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
I’m Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
WHAT CAN you GET from your Work Comp case? Find out here! (Hint: not a lot!)
Is it WORTH SUING your EMPLOYER for your Work Comp injury? (Answer!)
4 WAYS to SUE your EMPLOYER for your Work Comp injury! (Brief Guide)
In this video, you’ll learn what benefits you may be able to get in your Florida’ workers’ compensation case.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law.
Now, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
Before we get into what you may be able to get from your work comp case, I want to tell you about what you can’t get. You cannot get compensation or money for things like pain and suffering, loss of enjoyment of life, mental anguish, or what’s called punitive damages, which is money paid as a punishment. Rather, there are only two classifications of benefits that you can get in a work comp case: lost wages and medical care. This video will not be going over what is required to qualify for those benefits; but rather, I’ll be just talking about the specific benefits you may be able to get if you qualify.
Be sure to subscribe and hit the notification bell to know when I release the videos going over all the different requirements to qualify for lost wages and medical care. With that said, let’s first talk about lost wages and then we’ll later get into medical care.
So, what types of lost wages might you expect if you qualify? Firstly, you need to know that work comp doesn’t pay your full wages if you’re out from work. Rather, you get paid a percentage of your average weekly wage or AWW, which is calculated based on the thirteen weeks prior to your accident, and this percentage, which is called your compensation rate, is, typically, paid out at two thirds, or sixty six point six seven percent of your average weekly wage.
Now, there are different classification of disability benefits, and when I say disability I mean your ability to work, that you should be aware of as well, and which I will get into more in my next video as each have different requirements to qualify, but those classifications are temporary or permanent and partial or total. Further, the Westphal case actually changed the statutory limitations as to how many weeks you can get in disability benefits in work comp from a hundred and four weeks, which is two years, to two hundred and sixty weeks, which is five years.
Another classification of lost wages is if you’re doctor placed you at what’s called maximum medical improvement, or MMI, which basically means that you’re as good as your going to get medically, and assigns you a permanent impairment rating to your body as a whole. Impairment benefits are paid at seventy five percent of your temporary total disability rate, and the number of weeks you’re paid depends on your rating percentage. So, let’s breakdown how much you get paid: From one to ten percent, you get paid two weeks for each percentage point; from eleven to fifteen percent, you get paid three weeks for each percentage point; from sixteen to twenty percent, you get paid four weeks for each percentage point; and for anything that’s twenty one percent or more, you get paid six weeks for each percent. So, let’s say you’ve been assigned by your doctor a twenty two percent impairment rating, you’d get twenty weeks plus fifteen weeks plus twenty weeks plus twelve weeks for a total of sixty seven weeks of payments.
Lastly, you can get something called an advance, which is where you get an amount of money, in advance, whether you’re getting work comp checks or not, if you meet certain requirements. The easiest advance amount that you can get is two thousand dollars because if you ask for more, there are more stringent requirements. An advance is basically an advance payment on future compensation, which work comp can recoup if you get paid compensation or settle your case in the future. I’ll be releasing a video going over all of the factors in order to get an advance, so stay tuned for that.
Now let’s get into what sort of medical care that you might be able to get in your work comp case.
First, before I go any further, you need to know that work comp has the exclusive right to choose your doctors, and they also do not have to pay for any treatment that isn’t recommended by an authorized doctor. Now, there are certain exceptions to this including that they may have to pay for treatment recommended by your expert, called an independent medical examiner or IME, or the judge’s expert, call an expert medical advisor or EMA, if they stipulate to payment or you win in court. The other exceptions are if you go to a hospital that they didn’t send you to if you can prove it was an emergency, or if you can prove that the personal doctor you went to falls under the self-help provision of the work comp statute. More on that to come in another video.
Ok, so what medical care can you actually get? So, this is typically how it works: you’ll start by going to an authorized clinic; then you might be sent for different imaging studies like XRAYs or MRIs; and then based on those imaging studies, you might be sent to a specialist like an orthopedist or a pain management specialist. But what happens if the work comp doctor releases you or you just don’t like the doctor? Well, in that case, you’re also entitled to a new doctor, called a one-time change in physician, but only once per case. The specialty in the change in doctor must be the same as the previous doctor, and the new doctor can’t be associated with the previous doctor. This means if you have two doctors that you don’t like or that have released you with different specialties, you have to decide from which doctor would be the best to change. Now, unfortunately, work comp typically gets to pick this change in doctor too unless something very rare happens. So, stay tuned for my video on one-time changes to find out what that something is.
Any medical care that’s recommended by one of the doctors I talked about earlier, such as medications, imaging, therapy, injections, braces, surgery, or anything else, that’s causally related and reasonable and medically necessary may be covered and, thus, paid by work comp. You can even get either medical transportation to and from your authorized appointments or reimbursement for medical mileage if you drive yourself. And even if your doctor releases you, you’re still able to receive what’s called palliative care, which isn’t going to make you any better medically, but will help you get through the day, and typically, includes things like medications and sometimes injections. However, if you’ve been released, just know you’ll have to pay a ten dollar copay to see the work comp doctor, with the rest of the tab picked up by work comp.
The only medical care that you can choose yourself, except for getting to pick your one-time change in physician under rare circumstances, is what pharmacy you want to use, and this is your only exclusive right to choose under the statute. But be careful here though because work comp usually will send you some bogus prescription card telling you to go to a certain pharmacy so that you lose that one right, and, unfortunately, most unrepresented injured workers fall for it because they don’t know any better.
So, in summary, there are only two types of benefits that you can get in work comp: lost wages and medical care.
To summarize lost wages, you get paid, typically, around to two thirds of your average weekly wage if you qualify; and if you’re given a permanent impairment rating, you can get paid seventy five percent of your temporary total disability rate for a certain number of weeks per percentage point of your impairment rating; and you also might be able to get a two thousand dollar or more advance on future compensation.
And to summarize medical care, work comp gets to pick you doctor, and, in most instances, your change in doctor too; they also may pay for you to see any type of doctor or get any kind of treatment so long as it’s recommended by an authorized doctor or, under certain circumstances, recommended by your expert, the judge’s expert, an emergency visit to the hospital, or your personal doctor if you qualify under the self-help rule if it’s causally related and reasonable and medically necessary; you can also get medical transportation to and from your authorized appointments or reimbursement if you drive yourself; and, lastly, you have the absolute right to choosing your own pharmacy.
I hope after watching this video, you’re a little more familiar with what sort of benefits you may be able get from your work comp case if you get hurt at work.
So, as you can see, Florida workers’ compensation law can be really complex, but what can you do about it? Well, you can hire an attorney that’s licensed to practice law in Florida and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, you know what, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button; it really helps me out. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
Alright, so that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In this video, you’ll learn whether you should sue your employer, if you can, instead of proceeding with a work comp case if you get hurt at work.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law.
Now, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
So, you have the opportunity to sue your employer for your work-related injury but are wondering whether you actually should verses just going on workers’ compensation. Well, you’ve come to the right video. Hopefully, you’ve already watched my previous video going over whether you even can sue your employer for your work-related injury. If you haven’t, I’d suggest watching that video first, which is in the card above.
To determine whether you should sue your employer for your work-related injury or not, it’s important to consider the differences as well as the benefits between the two choices.
Firstly, let’s go over the litigation differences. If you sue your employer for your work-related injury, you will not be doing so in work comp court. Rather, it will be in circuit court similar to where personal injury or other civil cases are heard like car accident cases. This is important to know for a few reasons.
First: You have to pay to file a lawsuit in a civil case unlike in a work comp case where it’s free to file a claim, so you have an additional cost there, and even though it’s not a lot, it’s still something to consider.
Second: You will also be in front of a judge and jury in circuit court whereas, in work comp court, you’re just in front of a judge. In circuit court, the jury are the fact finders, who are just normal everyday people, and the judge rules on the law. In work comp court, the judge is both the fact finder and the rule of law. Now, this is important to know because a jury is typically frustrated with having to spend their time to hear your case, so they’re already somewhat against you. Also, a jury isn’t trained in the law, so they’ll tend to grasp onto facts or evidence that are important or interesting to them rather than to the law of the case. Whereas, a work comp judge typically only uses those facts and evidence that are actually important to the law of the case. So, consideration should be given to the strength of your case and to any factors that might turn a jury off from your case.
The third thing, which is more important to people who don’t have a lot of available time, is that a civil trial can last days to over a week in some instances, whereas a work comp final hearing typically lasts only a few hours. So for people with a full-time job or who live paycheck to paycheck, it’s difficult to take a whole week off from work. Another consideration here is notice to your employer to take time off as, in a civil case, you are given a timespan of when your trial may begin, but you usually don’t find out until a couple weeks before trial begins, which may not be enough time to call off.
The fourth thing that’s important to consider is the cost of litigating a case a civil case verses a work comp case. In a civil case, you spend way more money in costs than in a work comp case. Depending on the complexity of the case or issues, you may spend a couple hundred bucks to a few thousand in a work comp case whereas, in a civil case, you’re spending, at a minimum, thousands of dollars sometimes into the tens or hundreds of thousands of dollars.
The fifth thing is that there’s also a lot more procedural and evidentiary issues that come up in a civil trial than a work comp trial, where the civil rules of procedure and evidentiary rules are somewhat relaxed. Because of the complexity of a civil trial, you, typically, need a lot of support staff and attorneys, which means even more money being spent.
The sixth and last thing is in a civil case, attorney’s fees start at 33 1/3% before filing a lawsuit and go to 40% after filing a lawsuit, whereas, in a work comp case, you’re looking at attorneys’ fees of between 10%-25%. Now, there is potential for a larger payout in a civil case verses a work comp case, but after all of the fees and costs and everything else, it may not be worth it. Which bring me to the next section of this video: what you can get depending on your choice.
So lastly, let’s go compare the benefits of proceeding with a work comp case verses a personal injury case against your employer.
The main benefit is that, in a work comp case, if you qualify, the carrier pays for your medical care and a percentage of your lost wages, usually around two thirds of your average weekly wage, while the case is ongoing, whereas, in a personal injury case, you are responsible for paying for your medical care and have to figure out how you are going to survive while out of work recovering from your injuries. And this can be difficult if you don’t have health insurance or don’t have any savings. There are ways, at least on the medical side, where doctors may be able to treat you under a letter of protection also known as an LOP, which is, basically, a promise to pay the doctor back out of whatever you get from the case, but, if you lose the case, you may still be on the hook, which could put you in significant debt. There is a downside to proceeding with the work comp case in that the work comp carrier gets to pick your doctor and dictate your medical care, whereas, in a personal injury case, you pick your doctors. And getting to pick your doctor is pretty important because medical care is really what drives these cases, and if you have a doctor that’s on your side, then that makes for a better case – it’s unfortunate, but that’s business.
Another benefit of having a work comp case verses a personal injury case is that they aren’t as adversarial compared to a personal injury case. In my experience, having handled both work comp and personal injury cases, the attorneys get along a lot better in a work comp case than a personal injury case, which is beneficial in that you’re not spending as much money litigating the issues because you have an easier time compromising and agreeing to things. Now, on a personal injury case, it’s very rare that the attorneys get along. Once you file a lawsuit, you’re in a constant battle over everything, which can become very costly.
So what do I recommend as to whether you should proceed with a work comp case verses a personal injury case against your employer? Well, as most of my answers go in these videos, it depends on a lot of things. Primarily, are the damages enough to warrant going after your employer in a personal injury case? Also, what is the method in which you’re actually able to sue your employer? If it’s because they didn’t secure work comp coverage, than I’d have a higher chance of saying yes to suing your employer; however, if it’s because you claim that your employer did something intentional or hid something that caused you injury, I’d be less likely to say yes.
I hope after watching this video, you learned a little more about whether you should sue your employer for your work-related injury if you can.
So, as you can see, Florida workers’ compensation law can be really complex, but what can you do about it? Well, you can hire an attorney that’s licensed to practice law in Florida and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, you know what, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button; it really helps me out. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
Alright, so that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In this video, you’ll learn whether you can sue your employer instead of proceeding with a work comp case.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law.
Now, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
If you get hurt at work, can you sue your employer instead of proceeding under work comp in Florida? Sure you can. You can pretty much sue anyone for anything. However, the bigger and more important question is: will you be successful? In Florida, chances are, if you get hurt at work, you will not be successful in suing your employer for your work-related injury. But why is that? Because in almost all instances, your employer is immune from being sued for your work-related injury. So let’s go over why and get into the rare circumstances that may allow you to sue your employer for your work-related injury.
Way back when, as a compromise, the Florida workers’ compensation system was created, which, in exchange for losing the right to sue employers, injured workers gained the right to medical care and a percentage of lost wages paid for and provided by the workers’ compensation insurance carrier if they met certain criteria. This was seen as a mutually beneficial compromise to both injured workers and employers at the time; although, as time has progressed, the law has swayed to be more in the favor of employers and against injured workers.
The compromise was that the injured workers’ own negligence or fault was removed from the equation, which is probably one of the most litigated issues in a personal injury case. Further, instead of trying to figure out how they were going to pay for medical care or how they were going to survive while out of work, injured workers were given medical care and a percentage of lost wages paid for and provided by the work comp carrier. So far so good, right? Well at first glance, it seems that employers got the short end of the stick here, but, in reality, it was the injured workers who were truly getting the short end of the stick.
You see, in work comp, there are only two types of damages: medical care and lost wages. However, medical care is paid at pennies on the dollar and lost wages is typically paid at around 2/3’s of your average weekly wage. This is already saving the employer and their insurance carrier tons of money. Further, unlike in a personal injury case, there are no damages for pain and suffering, loss of enjoyment of life, or punitive damages, which is even more in savings. So, now you see, even though employers and their insurances carriers are paying during the pendency of a case, they are paying way less than they otherwise would before this system was created. Also, even though fault isn’t a consideration anymore, there are plenty of more reasons why the employer carrier will deny your case, which results sometimes in you getting nothing compared to comparative fault, which is where your recovery is reduced by your own percentage of fault.
Now that you know a little of the history, now let’s talk about the rare instances when you may be able to go back to the past and actually sue your employer outside of the work comp system, which is what we attorneys call “cracking comp.”
The most common way to “crack comp” is if your employer failed to secure workers’ compensation coverage when it was required to do so. In this situation, you could proceed with your case in circuit court, which is where personal injury cases are heard, rather than in work comp court. A benefit of this is that you can sue your employer for damages that would otherwise be unavailable to you in a work comp case like pain and suffering. You would also get to see your own doctors; however, you would have to pay for them yourself. Further, you get the massive benefit of your employer losing the ability to argue that the accident was occasioned by a co-employee, assumption of the risk, and, most importantly, comparative negligence, which reduces your recovery by your worn percentage of own fault, which are its primary defenses in a typical personal injury case. Because of this, instead of arguing about fault like you would in a typical personal injury case, you just argue damages, or, in other words, how much money does your employer have to pay you for your work-related injuries.
Another way to “crack comp” is if your employer claims that you weren’t an employee. In this instance, if you’re not an employee, then you don’t qualify for work comp; thus, you can proceed as if this was a personal injury case. If you do that, your employer will try and get a summary judgment in the personal injury case saying that you are an employee, which is the complete opposite of what they said in the work comp case, and they can’t do that. Your employer can’t have it both ways: you’re either an employee or not.
Another way to “crack comp” is if your employer intentionally injures you, but this is almost impossible to prove because there usually isn’t any documentary evidence in existence, which leaves only testimonial evidence, which is where people tell their side of the story. Here, your employer will bring every one of your coworkers to testify against you that the accident wasn’t intentional, so now it’s your word verses theirs. Another issue is that your employer’s liability insurance, which would be the type of insurance in play here, most likely doesn’t cover intentional acts, so you’d be seeking compensation from your employer’s pocket rather than its insurance, which is not easy to collect on.
The last way to “crack comp” is if your employer engaged in conduct that it knew, based on prior similar accidents or explicit warnings specifically identifying a known danger, was virtually certain to result in injury or death to the employee, and the employee was not aware of the risk because the danger was not apparent, and the employer deliberately concealed or misrepresented the danger so as to prevent the employee from exercising informed judgment about whether to perform the work. Again, this will mostly be testimonial evidence, but there is a better chance, as compared to showing an intentional act, that there is documentary evidence that your employer had knowledge.
Even if you may meet any of the criteria for the few ways to “crack comp,” most attorneys won’t even try because it’s extremely difficult and it costs a lot of time and money. Further, if you choose to go this route, you could be stuck with your choice, which means nothing for either you or your attorney.
So, there you have it. Now you know how you can try to sue your employer and why it’s almost impossible to do so when you’re hurt at work. Make sure to subscribe and hit the notification bell because my next video will be explaining whether you should sue your employer if you could.
So, as you can see, Florida workers’ compensation law can be really complex, but what can you do about it? Well, you can hire an attorney that’s licensed to practice law in Florida and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, you know what, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button; it really helps me out. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
Alright, so that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
3 most IMPORTANT QUESTIONS at your Work Comp DEPOSITION!
EVERY QUESTION asked at a Work Comp DEPOSITION! (Don't mess this up!)
Get PREPARED for your Work Comp DEPOSITION by an ATTORNEY! (The basics)
In this video, you’ll learn the three most important questions that you will be asked in your Florida workers’ compensation deposition.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law.
Now, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
While it’s always important to answer every question in your deposition correctly, some questions, if answered incorrectly, have greater consequences, and those are the questions that I’ll be going over in this video. After you’ve watched this video, if you want to learn about all of the other questions that you may be asked in your deposition, check out the video linked in the card above. Let’s get into those three important questions.
The first most important question pertain to the specific issues in your case. Now, obviously, I don’t know anything about you or your case, so I can’t tell you exactly what’s important to your specific case. And this is one of the reasons why you need to hire an attorney if you’re ever scheduled for a deposition, because the attorney will be able to pinpoint the problems and prepare you for them. Because there’s no way for me to go over all of these possible questions in this video, I’m going to focus on the other two important questions.
The next two important questions are important for similar reasons in that, if you answer these incorrectly, the work comp attorney will present you as a liar for the purpose of securing work comp benefits and ask the judge that your case be dismissed for fraud. Fraud is the easiest way for work comp to get rid of you and your case, so don’t let them. Here’s what you need to know and how to make sure you have the best chance not to answer these questions incorrectly.
The first question relates to any previous or prior pains, injuries, complaints, treatment, or accidents that you’ve ever had in your entire life, whether work-related or not, or related to the injuries that you sustained in your work accident. It doesn’t matter how big or small, serious or not serious, or whether you think its even relevant to your case or not: you need to tell them about everything.
And this includes work accidents; motor vehicle accidents; slip, trip, or falls; sport injuries; health problems; diseases. Basically, you need to tell them about everything and anything that you’ve ever seen a doctor for or that may be in a record somewhere because, if it can be found, you can bet work comp will find it.
So, how do you protect yourself here? The first thing is to tell them everything, even when you fell off your bike as a kid, so, at least, your attorney has some sort of argument that you were trying to be as truthful as possible if, by chance, you do forget to tell them something more important. Also, if you don’t know or don’t remember something, it’s totally fine to say “I don’t know” or “I don’t remember.” Don’t guess ever though. This is especially important if you think you never hurt a certain body part. Never answer “No” to these questions. Rather, if you don’t think you ever injured a certain body part, say something like “I don’t think so,” or “to the best of my knowledge, memory, recollection, belief, no.” and the reason why is, if you flat out say no and you’re wrong, that’s it, work comp’s coming after you for fraud. But, if you use a phrase to show you’re not 100% sure and then it turns out you’re wrong, at least your attorney can argue that you didn’t intentionally answer the question incorrectly, but rather, that you were giving the best answer that you could remember. Fraud, or, as it’s known in work comp as misrepresentation, is intentional, so, if you can show you didn’t intentionally misrepresent something, even if you were wrong, you have a good chance of defeating a fraud defense.
The last important question is whether you just can’t do anything because of your work comp injury. This question is, usually, asked at the end of the deposition because, by that time, it’s become very conversational, and the work comp attorney knows that, in a normal conversation, if someone asks you how you’re feeling, you say “oh, I can’t do this, that, and the other.”
Attorney’s take words very literally, and the way an attorney interprets the word “can’t” is something that you’re absolutely unable to do in a life or death situation. So, if you think of it that way, there really isn’t anything that you “can’t” do – besides maybe hold your breath for 20 minutes. Rather, what we really mean when we say we “can’t” do something is that we have pain and limitations, but that’s weird to say in normal conversation. For example, if you have a knee injury, you may say that you can’t go up and down stairs in normal conversation, but what you really mean is that it hurts going up and down stairs, that you have to take one step at a time, or that you have to hold the railing when you’re walking up and down the stairs; it’s not that you can’t do it, it’s that you have pain and limitations. So, when you’re asked in deposition if there is anything that you can’t do, you say “no, but there are things that I’m limited or have pain in doing” and then you’d give examples of those things.
Now, there’s a difference in not being able to do something and not having tried it or having tried it and then stopped because it hurt too much. That’s not the same thing. Now, if you haven’t tried doing something, how do you know you can’t do it? Also, just because you tried something and it hurt too much, so you stopped doesn’t mean that you can’t do it; remember, you stopped doing it because you had pain.
And the reason why not saying that you can’t do something is so important is because, if you do, work comp will hire an investigator, if they haven’t already, so be careful when you’re outside, to follow you around and take pictures and video of you doing that thing that you said you can’t do, and then show it to the judge to prove that you lied for the purpose of securing workers’ comp benefits in support of their fraud defense.
Basically, just never answer this question by saying that there are things you can’t do, and you should be fine.
I hope after watching this video, you’re more aware of the most important questions that you will be asked in your deposition, why they’re so important, and how you can make sure that you answer them in the best way possible. As you can see, Florida workers’ compensation law can be really complex, but what can you do about it? Well, you can hire an attorney that’s licensed to practice law in Florida and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, you know what, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button; it really helps me out. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
Alright, so that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In this video, you’ll learn the questions that you might be asked at your Florida workers’ compensation deposition.
This prep doesn’t create an attorney-client relationship.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law.
Now, before we get started, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
If you haven’t watched my previous video preparing you for your work comp deposition, go check that out before watching this video. Ok, so now that you’ve watched that video, this video will be similar in that it’s just a general outline of the questions that you may be asked in your deposition, but again, because I don’t know anything about you or your case, the questions that you may be asked vary depending on the specifics of your case and the work comp attorney asking the questions. Generally, though, these are the questions that I see most often in a work comp deposition.
The first questions that you’re asked are to get background information about you like your name; date of birth; age; social security number, but make sure the court reporter only types down the last 4 numbers and not the whole thing; birth place; places lived; highest level of education; spouse; children’s’ names and ages; licenses; vehicles; insurances; bills owed; whether you have any child support or alimony that you owe; receipt of benefits other than work comp; and your criminal history. Now, there may be other questions, but these are the most common.
Then, after the work comp attorney has asked about your background, you’ll, typically, be asked about everything that occurred before your accident. Usually, the attorney starts by asking about your work history. This could include every job that you’ve had in your entire life, the work that you’ve done over the past 15 years, or generally what you’ve done for work. But, regardless of the time span, they usually ask about your employer; when you started; your position; your duties; how much you were paid; your supervisor; and when and why you left.
The attorney may also ask you at this time, or maybe later, about your employment at the place where you got hurt, other employment you had concurrently, and employment you had after your work accident. You’ll be asked the same questions here as you were when going over your prior work history, but you’ll also be asked some more questions like your rate of pay; hours worked; whether you filled out an employment application; did you get fringe benefits like insurances; were you ever written up; did you ever get promoted; and whether you were ever terminated.
You’ll next be asked the first of the two most important questions, and that is have you ever had any previous or prior pains, injuries, complaints, or treatment to any body part, at any point in time, for whatever reason, whether work-related or not, or whether related to any of the body parts you injured in your work accident. This includes, obviously, other prior work accidents; as well as motor vehicle accidents; slip or trip falls; sports injuries; health problems; or diseases. Basically, anything that might be found in a record somewhere or that you’ve seen a doctor for, you need to tell them about it, no matter how big or how small. I have another video coming out soon going over, in way more detail and with examples, the most important questions that you might be asked in your deposition, so make sure to subscribe and hit the notification bell to know when I release that.
Then you’ll be asked about your accident including the date; what you were doing just prior to it; how the accident happened; were there any witnesses; what did you injure; and who you told about the accident and when. There may be more questions asked depending on any issues that are specific to your case, though.
After you’re asked about your accident, you’ll be asked about everything that occurred after your accident. Usually, you’ll first be asked about your treatment like what doctors have you seen; who they are; what have they done; what are they doing; and what are they recommending.
Then, you’ll be asked about how you’re doing now like where are you still having pain; how often; what is it on a scale from 1-10; what type of pain do you have; are you having any new pain that you weren’t having at the time of the accident. Then you’ll be asked the second of the two most important questions: is there anything that you cannot do as a result of your work-related injuries. Quick answer to that: there isn’t anything that you can’t do. Lastly, if you had any accidents or injuries after your work accident, you’ll be asked about those at this time too.
During the course of your deposition, you may also be asked about certain documents like payroll records; your employment application; work comp forms; medical records; and other relevant documents.
But I hope after watching this video, you’re a little more familiar and comfortable with Florida work comp depositions and what you might be asked. As you can see, a lot goes into a Florida workers’ comp depositions, but how can you get prepared for it? Well, you can hire an attorney that’s licensed to practice law in Florida and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, you know what, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button; it really helps me out. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
Alright, so that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In this video, I’m going to prepare you for your Florida work comp deposition just as I do my own clients. This prep doesn’t create an attorney-client relationship.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law.
Now, before we begin, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
Before I begin, I want to remind you that, if you’ve been scheduled for a deposition in your work comp case, you really should hire an attorney to protect you and your rights. Now, usually, I spend 30 to an hour with my clients preparing them for their deposition, which includes going over what a deposition is, the basics, and the specifics of their case and any issues that exist. Obviously, I can’t do that in this video because I don’t know you or your case, so this will be a generic, barebones prep of what a deposition is and the basics. If you’re interested in knowing what questions might be asked and how to answer the more important ones, make sure to subscribe and hit the notification bell so you know when I release that video. Now, let’s get you prepped.
The scene is you’re sitting at home in a quiet place when you get a call from me for our telephone conference. Hey, John, alright so the purpose of this call is to prepare you for your deposition tomorrow. As a reminder, it’s at date and time, and at this address. In today’s call, I want to go over what a deposition is, the basics of a deposition, the questions that you’ll be asked, and how to tailor your answers in the best way. But, first, a deposition is a time and place for the work comp attorney to ask you questions under oath in order to hear your side of the story, what you know, and, ultimately, how you might testify in court. Now, they’re entitled to take your deposition because there are currently outstanding issues on your case.
The first thing to know is that your credibility in a case is very important, and your presentation helps with that. So, please make sure that you look presentable. Now, that doesn’t mean wear a suit and tie, but you should wear something like you’d wear to a nice restaurant or to church. And the reason why is, if the work comp attorney finds you presentable now, they can assume that you’ll be even more presentable if we have to go to court.
Now, the people in attendance at your deposition will, obviously, be me and you, the work comp attorney, who’ll be asking all the questions, and someone called a court reporter. The court reporter’s job is to take everything down that’s said at the deposition. She can’t take down gestures like head nods or pointing, so it’s important for you to verbalize all of your answers. Also, if the question calls for a yes or no, say yes or no instead of uh huh or uh uh. A good way to remember this is by imagining that no one can see you. Also, the court reporter can only take down one person speaking at a time, so wait for the attorney to finish asking the question before you answer. This also allows you to fully hear the question before answering.
When you’re answering, only answer the question being asked of you. For example, and this won’t happen, but, if you’re asked what time it is, don’t explain how to make a watch. Also, don’t speak unless there is a question posed. Some attorneys will wait a while before asking another question in hopes that the witness will break the awkward silence by starting to talk; so, don’t do that. Now, there may come a time when you don’t know or don’t remember an answer; it’s perfectly fine to say I don’t know or I don’t remember. However, even though I don’t want you guessing, if you have an idea of what the answer is, make sure to let them know. For example, you can use phrases like I’m not exactly sure but, or my best estimate is, or to the best of my recollection, memory, belief. And the reason why using one of these phrases is important is because if it appears that you know the answer, you’ll be held to it even if you’re wrong. But, if you use one of these phrases and you’re wrong, they can’t hold it against you. Also, unless I tell you to, you do not need to bring any papers to help you answer; you’re only required to answer with what you know in your head at the time of the deposition.
Now, my role is, primarily, to take notes and make objections for the record. If you hear me make an objection, stop talking, but, in most instances, unless I tell you otherwise, you will still have to answer the question. I usually don’t ask questions because I can do that whenever I want, and I’m not here to do the other attorney’s job, but, if I do, it’s usually to try and fix something that came out in the depo. So, don’t hold it against me if I don’t ask you anything; if that’s the case, it’s because you did a good job.
The last thing that you should know is that the deposition may take a few hours, so, if you need to take a break, get a glass of water, use the restroom, just say so and we’ll take a break. However, just so you know, during that break, we can’t talk at all. Do you have any questions for me before we get into what questions you’ll be asked? And scene.
I hope after watching this video, you’re a little more prepared for your deposition.
Again, I’d highly recommend that you hire an attorney that’s licensed to practice law in Florida and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, you know what, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button; it really helps me out. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
Alright, so that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
HOW LONG until you get your Work Comp SETTLEMENT MONEY? (Full process)
2 WAYS your Work Comp ATTORNEY gets PAID & HOW MUCH! (Don't get cheated!)
6 REASONS why you CAN’T HANDLE your Work Comp case ALONE! (Why you need an ATTORNEY)
In this video, you’ll learn what to expect after settling your Florida workers’ comp case.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law.
Now, before we begin, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
So you’ve settled your case and want to know what happens next. A lot of things happen between agreeing to settle and actually getting paid, so let’s go over what you can expect after settling your work comp case.
The first thing that you should know is that the amount of time that it takes to actually get paid depends on a variety of different things. Depending on these circumstances, getting paid can take anywhere from a month to multiple months. And the time it takes for these things to occur depend on your own attorney, work comp’s attorney, the judge, or even you.
The first thing that’s done are the settlement documents. Both your attorney and the work comp have their own papers to do. Your attorney’s papers are, mostly, just justifications for the fee that’s being charged, whereas, work comp’s papers are primarily protecting their own butt from future lawsuits. There are also the neutral papers that go over the actual settlement. At this time, your attorney should provide you with a closing statement, which breaks down all the settlement monies, so, basically, who gets what. If your attorney doesn’t do this, make sure to ask for it because its’ required by law.
Once your attorney received work comp’s papers, they’ll be reviewed and, if necessary, revised before you and your attorney sign them. Some of these papers will require you to get them notarized as well, which does add additional time and, possibly, expense if you have to pay for the notarizations. However, the are free-to-low cost options in getting these papers notarized like, for example, your bank should be able to do it for free.
Once you and your attorney have signed the papers, then your attorney will provide them to work comp attorney to, likewise, review and sign the papers. Once that’s done, then the work comp attorney will efile the necessary papers with the Court to get the settlement approved. However, not all of the papers that you sign will go to the judge for approval because some things are out of the work comp judge’s jurisdiction, like, for example, the release and resignation documents, which are more of a contractual or employment related matter.
The judge will then review the papers and either approve or deny the settlement. If the papers are denied, then your attorney will need to deal with the reason for which they were denied, which can take additional time. And this is why your attorney needs to make sure that everything that’s sent to the judge is perfect the first time around.
If and when the judge signs off on the settlement, the work comp carrier, by statute, has 14 days to pay the settlement monies to your attorney. Sometimes, though, the work comp carrier tries to change this timeline by putting in a 30day payment period, but your attorney, if they’re familiar with work comp, should have already revised the settlement papers to correct this change from 30 to 14 days.
Once the check is received, your attorney, by law, has to deposit it into the law firm’s trust account. Once the check clears, your attorney deducts the money for his or her attorney’s fees and costs, pays whoever else might be entitled to some of your settlement monies, including referral attorneys, lien-holders, or child support, and then issues you the remaining amount as previously discussed in the closing statement.
Once everything is disbursed, the case is closed, and your attorney’s representation ends. All in all, if everything happens perfectly and no one drags their feet, this whole process, from the start to you getting paid, takes around 1-2 months.
I hope after watching this video, you understand what goes into finalizing the settlement and, ultimately, getting you paid.
So, as you can see, Florida workers’ compensation law can be really complex, but what can you do about it? Well, you can hire an attorney that’s licensed to practice law in Florida and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, you know what, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button; it really helps me out. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
Alright, so that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In this video, you’ll learn how your work comp attorney gets paid.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law.
Now, before we begin, I have to show you this disclaimer so just hold tight.
And with that out of the way, let’s get into the video.
The first thing that we need to get out of the way is that you will never have to pay your work comp attorney out of your own pocket. So, if you’re not paying out of your own pocket, just how is it that your work comp attorney is paid?
All work comp attorney in Florida, by law, are required to be paid on what’s called a contingency fee basis, which basically means that we don’t get paid unless we get you something first. In work comp, your attorney’s entitled to a reasonable fee, which is based on numerous factors and, ultimately, the decision of the work comp judge. I’ll get into some of the factors in a bit, but, when it comes time to your attorney getting paid, there’s two different ways that happens:
The first is when your attorney takes a percentage of the settlement on your case. This is probably the way that most people are familiar with and that’s most common. A settlement, if you recall, involves you receiving a lump sum of money, tax free, in your pocket to use however you wish, in exchange for closing out your work comp case meaning no more medical care or lost wages paid for or provided by the work comp carrier. In addition to taking a percentage for the fee, your attorney will also recoup the costs expended on your case. Now, this isn’t money coming out of your pocket; rather, it’s money that’s deducted from the total settlement amount. So, what’s the percentage we take? Well, it depends.
Not long ago, the percentage that work comp attorneys could charge changed. This new law made it so that work comp attorneys could freely contract with their clients, which included the percentage that they charged for their services relating to a settlement. I’ll tell you, most work comp attorneys in Florida charge 25% by contract, so if you get an attorney who’s charging more, you might want to look elsewhere. Ultimately, though, like I said, it’s up to the judge to decide whether 25% is reasonable or not. If the judge decides that 25% is not reasonable, or, if your attorney decides that 25% is unreasonable based on the circumstances, then your attorney will most likely charge what the statute says we can charge. Now, this is a little bit confusing but, by statute, reasonable attorney’s fees, per se, are 20% of the first $5,000 worth of benefits, 15% of the next $5,000, and 10% of anything over $10,000. So, for example, if you settle for $20,000, the attorney’s fee, by statute, would be $2,750, which is 10% of $20,000 plus another $750 taking into account the $5,000 before you hit the $10,000 threshold. However, in most cases, if your attorney can justify charging the contractual rate, that’s what will be used. Putting this into perspective though, a personal injury attorney charges 33 1/3 before filing a lawsuit and 40% after filing a lawsuit, which is allowed for those types of cases per the Florida Bar. Having handled both types of cases, I can tell you that I have to spend way more time on my work comp cases than personal injury cases just because of the way the laws work, but, as you just heard, work comp attorneys charge, and are paid, significantly less than personal injury attorneys.
Alright, so, the second way that your attorney can be paid is by the work comp carrier. In this instance, the only way that your attorney can get paid this way is by filing a petition for benefits with the court but the benefit that’s requested is either not authorized or provided within 30 days of filing the petition. Subscribe and hit the notification bell to know when I release the video going over what a petition for benefits is and how to file a claim with the court. If your attorney is able to get you that benefit but 30 days have passed, then the work comp carrier will be responsible for paying your attorney fees and costs expended securing you that benefit. In this instance, your attorney is paid for every hour that was spent securing the benefit for you. Obviously, this is the preferred method for your attorney getting paid because, usually, the percentage of a settlement is far less than what your attorney will be paid if they charge by the hour. Again, the judge has to determine whether your attorney charging by the hour is reasonable or not.
Which brings me to the factors that are considered in determining whether your attorney’s fees are reasonable or not. While all the following factors should be considered and should have equal weight, the primary factor that most judges use to determine reasonableness is the time and labor spent on the case, so the amount of hours that they spend. Other factors include the difficulty of the case; the skill required; the fee that’s customarily charged in the area by other attorneys; the amount of the settlement or benefits secured; the nature and length of the attorney-client relationship; the preclusion from handling other cases; the time limitation imposed by handling the case; the experience and reputation of the attorney; and the contingency or certainty of the fee. Whew, that was a mouthful. These are called the Lee Engineering factors, which is a case that breaks down all of the factors that the judge must consider in determining the reasonableness of the attorney’s fee.
I hope after watching this video, you understand a little better how it is that your attorney’s paid, and whether you’re getting a good deal or not when hiring an attorney. I also hope that you understand that hiring an attorney doesn’t cost you anything out of pocket, so why not get the protection that you need to get what you deserve?
So, as you can see, Florida workers’ compensation law can be really complex, but what can you do about it? Well, you can hire an attorney that’s licensed to practice law in Florida and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, you know what, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button; it really helps me out. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
Alright, so that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In this video, you’ll learn the top 6 reasons why you need to hire a work comp attorney.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we begin, I have to show you this disclaimer so just hold tight. And with that out of the way, let’s get into the video.
Firstly, if you’ve been hurt at work and are trying to handle your case on your own, just what are you doing? I mean, you wouldn’t hire a pilot to pull teeth or a dentist to fly a plane, so why are you, a non-attorney, trying to handle a legal matter?
This brings me to the first top reason to hire an attorney: understanding the law. Florida workers’ compensation is a highly specialized, complicated, ever-changing set of laws that requires someone who deals with and reads about it every single day in order to understand it. And when I say every single day, I mean that the law can literally be one thing one day and different the next. So, if you’re not reading the cases that come out every day, then you’re already falling behind. An important distinction between work comp and civil cases is that only authorized doctors, independent medical examiner, or expert medical advisor records can come into evidence.
Another reason to hire a work comp attorney is that they know the procedural rules, which are different than Florida Rules of Civil Procedure, which apply to most other civil cases. And some of these rules include how to start a case, filing claims, discovery, motions to have the Court act on something, as well as pretrial and trial responsibilities. And, if you don’t know these specific rules and end up violating them in some way, then your claims or even your case can be dismissed.
There are also specific documents that are used in work comp cases that differ from other types of civil cases. Most attorneys that have been handling Florida work comp cases for a while have templates for these documents, whereas attorneys who don’t handle them will have to learn through trial and error, which, if you’re the client where they are learning that hard lesson, that’s going to really hurt your case. And, do you really want to be that client that’s used as a lesson, or do you want to have someone who already knows what’s required and what works with the court? And it’s not even all about the documents that you create; it’s also about the documents that work comp uses. And, if you don’t have the experience to understand what these documents are, what’s required, or whether to fill them out, then your case can be affected as well.
While many of the events in a work comp case are similar to those in a civil case, such as depositions and mediations, there are some differences that require experience to understand and to best benefit the client. If you want to learn more about the events in a work comp case, check out the video that I made linked in the card above. For example, in almost every work comp case that I have, I, at some point, take the adjuster’s deposition. This is rarely, if ever, done in a civil matter. Another big difference is how trial works in a work comp case verses a civil case like that the work comp judge is both the judge and jury.
Something else that you should consider are the relationships that work comp attorneys have with other people involved in work comp cases such as other attorneys, judges, doctors, and even adjusters.
And, lastly, one of the most important reasons to hire an attorney is case management. Not only are we trained in how to manage your case, but we have specific software to help us. This is especially important for ensuring that important deadlines are met, but also, we’re able to create the necessary documents that we need with a click of a button as well as keep record of all documents and information relating to your case all in one place.
I hope after watching this video, you understand the importance of hiring a work comp attorney. Even if things are going ok handling your case alone right now, I can promise you that, at some point, they won’t be, so it’s better to hire an attorney now than when things go wrong, and we have to spend our time fixing things rather than getting you what you deserve.
So, as you can see, Florida workers’ compensation law can be really complex, but what can you do about it? Well, you can hire an attorney that’s licensed to practice law in Florida and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, you know what, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button; it really helps me out. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
Alright, so that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
EVERYTHING to know about CAR ACCIDENT Work Comp cases! (Brief Guide)
Do you HAVE a Work Comp CASE? Find out here! (FULL list)
EVERYTHING to know about Work Comp COURT aka FINAL HEARING! (Brief Guide + Tips)
In this video, you’ll learn what you should do if you’re ever hurt or injured in a motor vehicle accident while on the job working.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer so just hold tight. And with that out of the way, let’s get into the video.
Getting injured in a motor vehicle accident while working is a little different than just getting hurt at work. The biggest difference here is that you could have two cases rather than the usual one. Not only could you have a workers’ compensation case where you get benefits paid for and provided by your employer’s work comp carrier, but you can also have what’s called a 3rd-party, personal injury case against the person or entity that caused your motor vehicle accident.
So, you’re injured in a motor vehicle accident while working; what do you do? The first thing that you should do is hire an attorney who handles both work comp and personal injury cases, or, at least, one of each type of law. And the reason why is that work comp and personal injury cases are tricky on their own, but when you combine the two, there’s just too much to try and handle by yourself.
Ok, so now you know that, potentially, you have two cases here, but which one do you deal with first? Well, since there are strict deadlines for your work comp case, that’s where your initial focus should be. For example, work comp law requires you to report your accident within 30 days of when it occurred or when you knew of should have known that your injury was related to your employment whereas, in a personal injury case, you don’t have such a strict requirement. You also have a 2 year deadline to file a work comp claim whereas there’s a 4 year deadline to file a personal injury lawsuit based on general negligence like a in motor vehicle accident case. You’re also required to see your work comp doctor at least once per year to keep your case open whereas there’s no such requirement in a personal injury case, although not seeing your doctor at least once per year just doesn’t look good.
Besides the shorter deadlines in a work comp case, there are certain benefits to proceeding with a work comp case first over the personal injury case. The first thing is that, in a work comp case, your medical care is paid for and provided by the work comp carrier whereas, in a personal injury case, you have to pay for that out of your own pocket. However, a difference here is that, in a work comp case, you don’t get to pick your own doctor, which can have a negative effect on your personal injury case if you go one that’s more insurance-minded. This is why it’s important to have an attorney who knows both work comp and personal injury law, so that your medical care in the work comp case can be guided to best-benefit your personal injury case. Also, no matter whether you treat under work comp or our own insurance or a letter of protection in a personal injury case, you’ll most likely have a lien for outstanding bills. However, in a work comp case, there’s a specific formula for paying back the work comp lien whereas, in a personal injury case, you have to negotiate with the doctors if they’re even willing to do that.
An even bigger benefit to proceeding with a work comp case first is that you get paid lost wages for being out of work whereas, in a personal injury case, you don’t until the case settles. One of the biggest struggles that I see my personal injury clients endure is figuring out how are they going to survive while recovering from their injury. Now, don’t get me wrong, my work comp clients struggle to survive too since work comp only pays around 2/3 of your full wage, but, as you can imagine, the struggle of living on nothing compared to 2/3 of your wage is a big difference.
Another benefit to proceeding with a work comp case first is that the discovery process is a lot quicker. In work comp, you can begin the discovery process immediately whereas, in a personal injury case, you can’t until you file a lawsuit, which could be years from when you got hurt. This means that when it comes time to proceed with the personal injury case, you’re already prepared and ready to go, which saves a lot of time and money.
Another benefit to proceeding with a work comp case first is that it’s cheaper to handle. For example, the cost of expert depositions are limited by statute to $200 and hour whereas, in a personal injury case, you have to pay whatever the expert wants to charge. Another example is that it costs money to file a lawsuit in a personal injury case whereas it doesn’t in a work comp case. And, in a personal injury case, you have to pay money to serve people with things like your lawsuit, subpoenas, and depositions whereas, most scheduling in a work comp case is just handled between the attorneys without the necessity of paying to serve someone.
Now, just because I’d recommend proceeding with a work comp case first doesn’t mean there that aren’t things that can be done on the personal injury case too. For example, you need to find out if the person or entity that caused your motor vehicle accident has insurance and, if so, how much money are we dealing with here? This is done through a disclosure letter, which needs to be sent out immediately. There also might be something that you need to preserve as evidence in the personal injury case, so a letter of preservation would be important to send out immediately too.
Once you’ve settled your work comp case or you’re at what’s called maximum medical improvement, which, basically, means that you’re as good as you’re going to get treatment wise, then comes the time to make a demand to settle your personal injury case. If you’re unable to settle, then your attorney will file a lawsuit to prepare for trial.
I hope after watching this video, you learned a little bit more about what you should do if you’re ever in a car accident while working. Subscribe and hit the notification bell to know when I release the next video going over tips that you should know when you’re in a car accident while working.
So, as you can see, Florida work comp and personal injury law can be really complex, but what can you do about it? Well, you can hire an attorney that’s licensed to practice law in Florida and that handles work comp and personal injury cases, that represents real clients, goes to court, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another: give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or you can go to my website to fill out an intake and schedule a free consultation. Or, you know what, you can just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button; it really helps me out. If you have a question, let me know in the comments below, and I’ll try and answer it. Like and follow me on all my socials to stay updated. And if you want to learn more about me, my firm, Florida work comp or personal injury law, just go to my website: virtualaccidentattorney.com.
Alright, so that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In this video, you’ll learn about the different types of Florida workers’ compensation cases including information, examples, and tips that I think you should know.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer, so just hold tight. And with that out of the way, let’s get into the video.
Firstly, to even qualify for workers’ comp your injury or condition must have occurred by accident and arose out of the course and scope of your employment. So, what does that mean? Basically, you had to have gotten injured while doing what you would normally do at work. One thing that you should know relating to all accidents is that you have to report your injury within 30 days of when you knew or should have known that it was related to your employment. And, remember, you have to report it to your supervisor and it needs to be in writing. If you want to learn more about this, check out the video that I made linked in the card above. Alright so now let’s get into the different types of accident cases that exist under Florida workers’ compensation law.
The first and most common is an acute accident. This is an accident that happens one time and causes injury. Some examples include falling off a roof or a ladder, motor vehicle accidents, or even lifting something too heavy.
The next type of case is called a repetitive trauma accident. A repetitive trauma accident isn’t just one event that causes an injury; rather, it’s a sequence of smaller events that then culminate into an injury. Some common examples of this are carpal tunnel from repetitive typing, low back injuries from repetitive bending, shoulder injuries from repetitive lifting, or knee injuries from repetitive kneeling. Now, a big problem with repetitive trauma accidents is you don’t know the exact date of accident ‘cause there wasn’t one event. For repetitive trauma cases, the date of accident that’s typically used is the date that your doctor relates your pain to your employment. But a little tip here is if you’re experiencing pain while at work, just report it to your employer whether you know that it’s related to your employment or not.
And the next type of accident case are exposure cases. And this type of case exists whenever you’re exposed to some sort of chemical or substance that then results in a medical condition. Some common examples of this are exposure to a substance like mold, or chemicals like fertilizer or chlorine. Exposure cases are almost impossible to win, because not only do you have to measure the exact amount of your exposure, but then you have to get medical evidence to correlate it to your condition. And the big problem here is if whatever you are exposed to has been removed or destroyed, how can you measure it?
Another type of accident case is when you aggravate, exacerbate, or accelerate a prior injury or condition. And this usually happens after an acute accident, but you’ve already had this injury or condition in the past. Workers’ comp will usually deny these cases and just point the finger at your prior injury or condition. In order to be covered, though, the current state of your injury must be reasonably attributable to your accident. And the way you do this is through medical evidence and your history. So, basically, what you need is your doctor to relate the current state of your injury to your accident and your history to show no recent complaints or treatment. It’s also strong evidence if you were able to perform your job without any issues until your work accident. An example of this is, say, you injured your knee 10 years ago, but you’ve been able to perform your job as a roofer without any issue until you had your work accident. Another common example is that you have arthritis, but you’ve never had any pain or treatment until after your work accident. A tip here is that you need to keep record of your medical history and that includes your own notes and reports from your doctors.
Another type of accident case that a lot of people don’t even know could be covered under workers’ comp is due to overuse or overcompensation. And this happens when you injure another body part due to overuse or overcompensation for the original work-related injury. You see this a lot with upper extremity injuries. For example, say, you injure your right dominant arm at work, but now you’re feeling pain in your left arm. Can’t it be argued that but for your right arm injury at work, you would not have had to use your left arm as often and, therefore, any injury to your left arm is due to not being able to use your right arm? Now, just to be clear, the overuse or overcompensation injury wouldn’t be its own separate case; rather, it would fall under the original injury’s case.
And along those same lines is something called the hindrance to recovery theory. So, this theory is not a separate accident; rather, like the overuse or overcompensation claim, it would be included in the original injury’s case. So, what’s the hindrance to recovery theory? Basically, it’s where an unrelated condition is accepted and treated by workers’ comp, because it’s preventing the treatment of your work-related injury. For example, say, your work comp doctor can’t give you an injection in your neck, because you have uncontrolled hypertension. So, in that case, workers’ comp would have to pay to get your hypertension under control enough for you to get the injection in your work-related neck injury. Even weight loss surgery could be covered if your surgeon says that you’re too overweight to have the surgery. Now, this unrelated condition will only be covered so long as it prevents you from getting treatment for your work-related injury.
And the last accident case only relates to first responders, and this is under Florida Statute 112.18, also known as the heart lung bill. Here’s a bonus case that exists under Florida workers’ compensation law, and it’s for something that’s called workers’ compensation retaliation. This isn’t a case that falls under the work comp judge’s jurisdiction; rather, it’s more like an employment case for wrongful termination. Now I’m not going to get into all the details about what qualifies as a work comp retaliation claim in this video, but if you’re interested in learning more, make sure to subscribe and hit the notification bell, so you know when I release that video. I hope after watching this video you learned a little bit more so if you ever get hurt or injured on the job you know if you might have a workers’ compensation case.
So, as you can see, Florida workers’ compensation law can be really complex, but what can you do about it? Well, you can hire an attorney that’s licensed to practice law in Florida, and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing. And, if you or someone you know or injured on the job or due to the fault of another. Give me a call anytime of the day or night; I have a 24/7, 365 receptionist. Or, you can go to my website and schedule free consultation. Or, you know what, you can just text me” 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button, it really helps me out. If you have a question, let me know in the comments below and I’ll try and answer it. Like and follow me on all my socials. And, if you want to learn more about me, my firm, Florida workers’ comp or personal injury law, just go to my website virtualaccidentattorney.com. But, that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In today’s video, you’ll learn about Florida workers’ compensation final hearings including what to expect and some tips that I think you should know.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job and workers’ compensation and due to the fault of another and personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer so just hold tight. And with that out of the way, let’s get into the video.
Alright, so what is a final hearing? Basically, it’s your day in court, and is what workers’ compensation law calls its trial. It’s your last opportunity to get the benefits that you think you’re entitled to, but that are being denied by work comp. A work comp final hearing’s nothing like what you see on your courtroom TV shows. For example, instead of having a judge and a jury you only have a judge, and instead of being in a massive courtroom you’re in a room about the size of a large office. Another difference is that there isn’t a bailiff in the courtroom, but there is a security guard on call in case anything happens. Now, there are some similarities too. For example, the judge does sit at a desk that is elevated above everybody else’s. Work comp judges also wear those black robes that you’re familiar with. There are also three tables in the courtroom: one for you, one for work comp, and one for the testifying witness. And the last similarity is that the hearing is recorded.
Alright, so now that you know what a final hearing is, let’s get into what you can expect. The first thing is if you have an attorney, he or she will prepare you the day before your final hearing by going over all the questions that you might be asked and how to answer those questions, review of any documents that might come out in evidence, and, generally, going over what to expect at the final hearing. At the start of the hearing, which is usually just between the attorneys and the judge, the attorneys will discuss different procedural matters with the judge, which includes going over the pretrial stipulation, what witnesses they plan on calling, what exhibits they plan on admitting and any objections to those exhibits, and arguing any motions. And this procedural process can take over an hour depending on how many issues need to be discussed. After the procedural process is over, the attorneys then give opening statements, which summarize the facts and evidence that they anticipate will come out in court. During the opening statement, you cannot argue the law. Once the opening statements are done, then it’s your attorney’s opportunity to present your side of the case. And this is usually done by calling witnesses to testify and, if they haven’t been admitted already, admitting documents into evidence. And it’s at this time when you’ll be called as a witness to testify. And when your attorney’s finished calling witnesses and admitting documents into evidence, they’ll rest your case, which basically means that they’re done presenting any evidence in support of your claims. And after your attorney rests your side of the case, then it’s work comp’s turn to present their side of the case. And once work comp rests, then your attorney has the opportunity to provide rebuttal evidence, although this is really rare. And once both parties have fully rested, then the attorneys give closing arguments, which connects the facts that were heard at final hearing with the law and why it supports your side of the case.
Once the final hearing concludes, then you have to wait for the judge’s order, which can take over a month. And if you win and workers’ comp doesn’t disagree with the order or there’s not an appealable issue, then you’ll be provided the benefits that you claimed. Now, when one side loses and there’s an appealable issue, usually that side will appeal to the First District Court. So, what this means is now you have to wait even longer for the First District Court of Appeals to either agree or disagree with the work comp judge, which can take over a year. And if you’re the one doing the appealing, don’t get your hopes up, because the First District Court very rarely overturns a work comp judge’s decision, and, in fact, they very rarely even offer an opinion on the subject.
Alright, so now that we’ve gone through everything that you can expect at a final hearing, let’s go through some tips that I think you should know. The first tip is to dress presentable: what I tell my clients is to wear something like they would wear to a nice restaurant or to church. The second tip is that you need to get to the final hearing at least 30 minutes in advance if not more. This is the most important event in your case, so you don’t want to be late or miss it. The third tip is that you should review the questions and answers that you and your attorney went over the day before, and it’s even more important to stick to those answers when the work comp attorney’s cross examining you. Another tip is to address the judge as either judge or your honor, and to always be courteous. Credibility is really important, and if the judge doesn’t like you, you can bet that won’t help your case. And along those lines, if the judge ever enters the room, you need to stand up. And, lastly ,don’t be hostile and not answer questions: the only time you don’t have to answer a question is when your attorney objects and the judge tells you not to.
So, as you can see, Florida workers’ compensation law can be really complex, but what can you do about it? You can hire an attorney that’s licensed to practice law in Florida and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing. And if you or someone you know were injured on the job or due to the fault of another. Give me a call anytime of the day or night, I have a 24/7, 365 receptionist. Or, you can go to my website and schedule a free consultation. Or, you know what, you can just text me: 561-935-3822.
But that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button it really helps me out. If you have a question, leave me a comment below and I’ll try and answer it. Make sure that you like and follow all my socials. And, if you want to learn more about me, my firm, Florida workers’ comp or personal injury law, just go to my website virtualaccidentattorney.com. Alright, so that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
IMPORTANT INFORMATION about Work Comp DEPOSITIONS! (Brief Guide + Tips)
Here's a FULL LIST of EVERY PERSON in a Work Comp case! (Knowledge = success)
EVERYTHING to know about a Work Comp MEDIATION! (Brief Guide)
In this video, you’ll learn what to expect before and during your Florida workers’ comp deposition.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another and personal injury. This channel’s all about answering your questions, and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer so just hold tight. And with that out of the way, let’s get into the video.
Alright, before we get into what to expect before and during a deposition, what even is a deposition? A deposition’s a time and place for the work comp attorney to ask you questions, to see what you know, to hear your side of the story, and ultimately to see how you might testify in court.
Now that you know what a deposition is, what can you expect before the deposition? The first thing that you can expect is to coordinate a date, time, and place for the deposition to occur. Your deposition can occur either live in person, by video, or by phone. After your deposition’s scheduled, either you or your attorney, if you have one, will receive a notice of deposition, which just lays out all the details of the depo, and also subpoena duces tecum, which asks you to produce certain documents. And these are documents that are relevant to questions that you might be asked in your deposition. Your attorney will prepare you for the deposition by going over different questions that you might be asked and how to answer the more important ones, and also going over documents that you might be asked about. And the last thing that you should know about what to expect before your deposition is that you have to go because, if you don’t, the judge will ask why, and if you don’t have a good enough excuse, your claim could be dismissed.
Alright, so now you know what to expect before your deposition, but what can you expect during your deposition? The people in attendance at your deposition are obviously you and your attorney if you have one, work comp’s attorney who will be asking all the questions, and someone called a court reporter who’s typing down everything that’s said. Before your deposition begins, you have to swear or affirm that your testimony will be the truth under penalty of perjury. The majority of the deposition is the work comp attorney asking you questions, and you providing answers. If you’re interested in learning about all the different questions that you might be asked in your deposition, subscribe and hit the notification bell, so you know when I release that video. Your deposition can last anywhere from 30 minutes to multiple hours, but, in my experience, they usually only lasts around 2 hours. The length of your deposition can depend on a bunch of different things like what are the issues, defenses, and who’s the defense attorney? Your attorney’s role is mostly just to take notes, but, also, to make objections that might be necessary for the record. And even if your attorney makes an objection, you’ll still be required to answer in most circumstances, unless it’s something that’s attorney client privileged or that your attorney’s instructed you not to answer. At some point, you might be asked questions about certain documents that you have to review and then authenticate. And when the deposition’s over, you’ll be asked whether you want to read or waive reading the deposition transcript. And what this is, is, basically, you have the opportunity to read the transcript to make sure the court reporter typed down all your answers correctly. It doesn’t mean that you can change any answers though.
Now that you know what to expect before and during your deposition, here a few more tips that I think you should know. You need to just assume that work comp has already hired an investigator to follow you around. So, if during your deposition, they ask any weirdly specific questions, just assume it’s probably something they got on video. Also, be sure not to bring or refer to any documents during your deposition unless your attorney tells you to. This is important because, if you refer to any documents during your deposition, the other attorney will probably make it part of the record. When you’re asked a question, don’t guess at the answer. If you don’t know or don’t remember the answer, say I don’t know or I don’t remember. Also, make sure that you’re presentable. Presentation is important because when you go to court, a lot of times it comes down to credibility, and the more presentable you look, the more credible the judge might find you. I always tell my clients to wear something like they would wear to a nice restaurant or to church. And the last tip you should know is if you’re giving your deposition by video, you need to be in a quiet and clear room. What do I mean by quiet and clear? Quiet means that you need to be alone and that there’s no one else around. Clear means that there’s nothing on the walls, nothing on the tables around you, just a blank space. And the reason this is important is because the other attorney might see something and then ask you questions about it.
As you can see, Florida workers’ compensation law can be really complex and this video’s only just scratched the surface of that complexity. Remember, you can’t do this alone. You need to hire an attorney that’s licensed to practice law in Florida, and that handles workers’ compensation cases, represents real clients, goes to court, that knows what they’re doing. And, if you or someone you know were injured on the job or due to the fault of another. Give me a call anytime of the day or night, I have a 24/7, 365 receptionist. Or, you can go to my website and schedule a free consultation. Or, you know what, just text me: 561-935-3822.
But that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button it really helps me out. If you have a question, leave me a comment below, and I’ll try and answer it. To stay updated, like and follow my socials. Or, if you want to learn more about me, my firm, Florida workers’ comp and personal injury law, just go to my website virtualaccidentattorney.com. But, that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In this video, you’ll learn about the different parties and people that you might encounter in your Florida workers compensation case.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job and workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions, and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer so just hold tight. And with that out of the way, let’s get into the video.
Technically, there are only two parties in a workers’ compensation case, but there are other people that you might encounter.
The first party is called the claimant and that’s the injured worker. The injured worker is called a claimant because you’re the one making a claim. The second party is called the E/C/SA, which stands for employer, carrier, servicing agent. Broken down, the employer is the place you were employed when you got hurt, the carrier is the work comp insurance company, and the servicing agent is the company that work comp hires to handle the claim. The E/C/SA is what’s typically referred to as the defendant or in other words the one against whom you’re making a claim. Now, not all cases have a servicing agent and some don’t even have a work comp carrier.
Now that we’ve gone over the two parties in a workers’ compensation case, here a few other people that you might encounter.
The first person is called the adjuster, who works for either the work comp carrier or servicing agent and they’re the ones making the decisions on the case. And some of those decisions include what doctor do you go to how much do you get paid and, ultimately, whether your case is accepted or denied. You have your attorney, who represents your interests and files claims on your behalf. You also have the defense attorney, who represents the work comp carrier’s interests and who defends the case.
Other people that you might encounter relate to your medical care. The most common person is called an authorized doctor who’s the doctor that work comp chooses to treat you. There are three other doctors that you might encounter in your work comp case, but these are expert doctors. The first expert doctor is called an independent medical examiner, or IME, and this is a doctor hired to provide an expert opinion either by you or the work comp carrier. The other expert doctor is called an expert medical advisor, or EMA, and this is the judge’s expert usually appointed when there are two doctors on the case with different opinions. Essentially, the EMA is a tiebreaking doctor whose opinions are presumed to be correct. Someone else you might encounter is called a nurse case manager, or NCM. The nurse case manager is hired by the work comp carrier to, basically, keep tabs on your medical care. You’ll usually meet this person while you’re in the waiting room to see your doctor. One thing that you should know is that the nurse case manager is not there for your benefit even if they act or say that they are. This person is usually hired by the work comp carrier to save them money not cost them money.
The next person that you might encounter is called the mediator. The mediator’s a neutral person whose role is to either try and help the parties resolve issues or settle the case at mediation. Typically, a mediator is an attorney but they no longer practice law. If you’re interested in learning more about what to expect at a work comp mediation in Florida, check out the video that I made linked in the card above. Probably, one of the most important people in the case is the judge. One big difference between a work comp final hearing in a civil trial is that the work comp judge is both the judge and the jury, which means that the judge not only rules on the law but is also the finder of fact. And, if you’re interested in learning more about what it’s like to go to a work comp final hearing in Florida, make sure to subscribe and hit the notification bell so you know when I release that video. And the last people that you might encounter in your case are called witnesses. Witnesses are people who have information that might be relevant to your case like about your accident, injuries, or work.
So, I hope after watching this video you’re a little more familiar with the different parties and people that you might encounter in a work comp case.
As you can see, Florida workers’ compensation law can be really complex and this video only just scratched the surface of that complexity. Remember, you can’t do this alone. You need to hire an attorney that’s licensed to practice law in Florida, and that handles workers’ compensation cases, that represents real clients, goes to court, that knows what they’re doing. And, if you or someone you know were injured on the job or due to the fault of another. Give me a call anytime of the day or night, I have a 24/7, 365 receptionist. Or, you can go to my website and schedule a free consultation. Or, you know what, just text me: 561-935-3822.
But that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button it really helps me out. If you have a question, let me know in the comments below, and I’ll try and answer it. Be sure to like and follow all my socials. And, if you want to learn more about me, my firm, Florida workers’ comp or personal injury law, just go to my website virtualaccidentattorney.com. But, that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In this video, you’ll learn what to expect at mediation in your Florida workers’ compensation case.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions, and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer so just hold tight. And with that out of the way, let’s get into the video.
So, what is a mediation? It’s a time and place for the parties to get together to try and accomplish something whether that’s resolving issues are settling the case. And if you can’t accomplish either of those things, then your case will be set for court. So, even though you’re not required to accomplish anything at mediation, you are required to be there.
So, there are two types of mediations: a state mediation and a private mediation. A state mediation is automatically scheduled by the court whenever your attorney files a claim on your case, and the purpose of it is to either try and resolve issues or settle your case. On the other hand, a private mediation is scheduled by the parties, and the only purpose is to try and settle your case. If you’re interested in learning more about settling your workers’ compensation case, check out the video I made linked in the card above.
The people in attendance at your mediation are obviously you and your attorney if you have one, the work comp adjuster and attorney, and someone called a mediator who is a lawyer but they no longer practice law. The role of the mediator is as a neutral person to help the parties try to accomplish something. The role of the mediator is important because both parties are going to have strong opinions on the case, so it’s nice to have a neutral person without a dog in the fight. Hearing from someone who doesn’t have anything to gain or lose from the case puts it into a perspective that maybe you never thought of before. Ultimately, if you go to court, you have to convince the judge, and the mediator’s a good sounding board before you get to that point.
Now, that you know what a mediation is and who’s in attendance, this is how mediation typically goes. At the start of mediation everyone’s together that includes you, the attorneys, the adjuster, and the mediator. If the mediation is live, you’ll all be in the same room together; if it’s by phone, you’ll be on the same telephone conference line; and if it’s by video, you’ll be on the same video conference line. And the way it starts is the attorneys first give an opening, which is essentially your side of the story. When the attorneys are giving their openings, you don’t say anything even if there’s something you hear that you disagree with. After the attorneys are done given their openings then the mediator might have some questions to fill in the blanks. When this is done, the parties separate, so you go with your attorney, and the adjuster goes with his or her attorney. And, once everyone separated, the mediator will then bounce back and forth between the parties relaying information as part of the negotiations. And this happens until, hopefully, the parties come to some sort of resolution or it results in an impasse, which basically means that nothing was accomplished.
So, how long does the mediation last? Typically, a state mediation lasts about 30 minutes to an hour, but a private mediation can last from hours to an entire day. How long a mediation can last varies, but it depends on the complexity of the case or, if you’re trying to settle, what type of money are we talking about? Ultimately, a mediation’s a great time to try to accomplish something because there’s no other time when you have all the parties in the same place, except when you’re in court. If you’re interested in learning more about what it’s like to go to workers’ comp court in Florida, subscribe and hit the notification bell so you know when I release that video.
Florida workers’ compensation law can be really complex, and this video’s only just scratched the surface of that complexity. You can’t do this alone. You need to hire an attorney that practices workers’ compensation law, that represents real clients, goes to court, that knows what they’re doing. And if you or someone you know were injured on the job or due to the fault of another. Give me a call anytime of the day or night, I have a 24/7, 365 receptionist. Or, you can go to my website and schedule a free consultation. Or, you know what, just text me 561-935-3822.
But that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button it really helps me out. If you have a question, let me know in the comments below. Be sure to like and follow all my socials. And if you want to learn more about me, my firm, Florida workers’ compensation or personal injury law, just go to my website virtualaccidentattorney.com. But, that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
6 TIPS to help KEEP a BETTER Work Comp case! (After you get hurt)
6 TIPS to help MAKE a BETTER Work Comp case! (When you get hurt)
6 TIPS to help SETUP a BETTER Work Comp case! (Before you get hurt)
In this video, you’ll learn six tips that you should know after you’re hurt at work.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions, and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get started, I have to show you this disclaimer so just hold tight. And with that out of the way, let’s get into the video.
So, you got hurt at work what happens next? Here are six tips that you should know. After you get hurt at work you should start a workers’ compensation case. And what that entails is, hopefully, you getting medical care and lost wages paid for and provided by the work comp carrier.
The first tip that you should know relates to that medical care. Your medical care should be paid for and provided by the work comp carrier, except in circumstances when you’re released to what’s called maximum medical improvement, in which case you have to pay a $10 copay for any doctor’s visits. Now, one big caveat with that medical care is that you don’t actually get to pick your own doctor; rather, that’s the work comp carrier’s right. Now, one thing that you do get to pick and is your exclusive right is your own choice in pharmacy. Also, you only get to have one new doctor per case. Another thing you can get is other medical transportation to and from doctor’s appointments or reimbursement for mileage to and from doctor’s appointments.
The second tip that you should know relates to payment of lost wages, otherwise known as indemnity benefits in work comp. Basically, if your authorized doctor has you out of work or on restrictions and your employer doesn’t have work within those restrictions then you should be entitled to work comp checks. One thing you should know, though, is that those payments are only a percentage of your full wages. And the thought process here is that it incentivizes you to try and get back to work full time. You may also be entitled to an advance payment on those loss wages, but that’s for another video, so make sure to subscribe and hit the notification bell.
The third tip are the different types of events that you might have to go to and they include doctors’ appointments, depositions, mediations, and final hearings. If you’re interested in learning more about those events, check out the video that I made linked in the card above.
The fourth tip relates to how long you can have a workers’ compensation case. Technically, your case can be open for as long as you live and even thereafter. I’ll tell you most cases last maybe one, two, three years max, but I’ve seen some cases last over 20 years. Now, most work comp cases have a short lifespan either because they get settled or because people just get, generally, fed up with the system. You should never let your work comp case just go away. If anything, you should settle it and get some money in your pocket. If you’re interested in learning more about how much your work comp case might be worth, check out the video that I made linked in the card above.
The fifth tip is that it’s inevitable that your case will be denied for one reason or another. I mean, I don’t think I ever had a case where I didn’t have a denial at some point. And these denials can include a whole host of things.
Which leads me to my six and last tip: you need to hire an attorney. There’s nothing to lose by hiring an attorney, because you don’t pay anything out of pocket. I said this in my last video but think of an attorney like an insurance: you hope you don’t need it but we’re there if you do.
I hope after watching this video you’re a little more familiar with what happens after you get hurt at work. If you haven’t done so yet, check out my two prior videos on this topic: tips before you get hurt and tips when you get hurt at work.
As you can see, Florida workers’ compensation law is really complex. This video has only just scratched the surface of that complexity. Remember, you can’t do this alone. You need to hire an attorney that practices workers’ compensation law, that represents real clients, goes to court, that knows what they’re doing. And if you or someone you know were injured on the job or due to the fault of another. Give me a call anytime of the day or night, I have a 24/7, 365 receptionist. Or, you can go to my website and schedule a free consultation. Or, you know what, just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button it really helps me out. If you have a question or want to tell me what you thought of this video, let me know in the comments below. Make sure to like and follow all my socials. And if you want to learn more about me, my firm, Florida workers’ comp or personal injury law, go to my website virtualaccidentattorney.com. But, that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In this video, you’ll learn the six tips that you should know when you get hurt at work.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another an personal injury. This channel’s all about answering your questions, and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer so just hold tight. And with that out of the way, let’s get into the video.
Chances are you’ll get hurt at work at some point in your life, so here are six tips to know if and when that happens.
The first tip is that you have to report your accident within 30 days of it occurring or when you knew or should have known that your condition was related to your employment. This is called the notice or reporting requirement. So, here are some recommendations when you’re reporting your accident. Firstly, you should just do it immediately. Secondly, it needs to be in writing and I’d recommend that you do it either by text or email so that it’s documented. And thirdly, you must report it to your supervisor but I’d even call work comp about it. And it’s important for you to timely report your accident because if you don’t, then your case might be over before it even started.
The second tip is that you need to document everything. This includes things like taking pictures of the accident scene; taking notes on what you were doing before and after the accident; documenting and reporting every part of your body that’s experiencing pain; writing down the names and contact information of everyone who witnessed the accident; noting to whom you reported the accident and when you reported it; obviously, the day, date, and time of the accident; and, lastly, you just need to keep record of everything in your case including medical and last wage records.
The third tip is that you should insist on filling out an incident report with your employer. And when you’re filling out that report be as truthful and accurate as you can. Don’t exaggerate, and make sure to list every single body part that you’re experiencing pain.
The fourth tip is to insist on seeing a doctor even if you don’t think you need to yet. Usually, when you ask to see a doctor, your employer will send you to a walk-in clinic, but if they don’t, go to one on your own or go to the hospital. If your employer sends you to the doctor work comp will be responsible for the bill, but if you have to go on your own, you’ll probably have to pay out of pocket, but you might be able to be reimbursed for that later on in the case. When you go to the doctor, remember to report every single body part that you’re experiencing pain, because, if you don’t, work comp will most likely, in the future, deny any body parts where you didn’t initially report having pain.
The fifth tip is whenever you’re talking to somebody about your case or filling out documents, you must be as truthful and accurate as possible. And the reason this is so important is because work comp loves to deny cases from misrepresentation, so don’t let them. It’s easier to get around a truth than it is a lie
And the sixth and last tip is that you need to hire an attorney. Even if you don’t think you need an attorney now or your case is going okay, I promise you that, at some point, it won’t be. Think of an attorney as like having insurance. You hope you don’t need it but you have it just in case. Having an attorney is actually better because you don’t have to pay us anything out of your own pocket. It’s better to hire an attorney now than when things get bad, so that we can be prepared and we’re not playing catch up. Basically, hiring an attorney will ensure that you get the benefits that you’re entitled to under the law.
So you’ve learned what to do before an when you get hurt at work, but what do you do after you get hurt at work? Subscribe and hit the notification bell to find out.
So, as you can see, workers’ compensation law is really complex. This video has only just scratched the surface of that complexity. Remember, you can’t do this alone. You need to hire an attorney that practices workers’ compensation law, that represents real clients, goes to court, that knows what they’re doing. And if you or someone you know were injured on the job or due to the fault of another. Give me a call anytime of the day or night, I have a 24/7, 365 receptionist. Or, you can go to my website and schedule a free consultation. Or, you know what just text me: 561-935-3822.
But that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button it really helps me out. If you have a question or you want to tell me what you thought of this video, let me know in the comments below. Like and subscribe to all my socials. And if you want to learn more about me, my firm, Florida workers’ compensation or personal injury law, just go to my website virtualaccidentattorney.com. But, that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
In this video, you’ll learn the six tips that you should know before you get hurt at work.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another an personal injury. This channel’s all about answering your questions, and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer so just hold tight. And with that out of the way, let’s get into the video.
Chances are that one day you’ll get hurt at work, so here are six tips that you should know before that happens.
The first tip is that you should fill out your employment application and medical questionnaire as truthfully and accurately as possible. When you’re filling out the application and questionnaire, put everything that you can remember in there no matter how big or small, and if you don’t know or don’t remember something actually right in the space I don’t know or I don’t remember. Don’t leave anything blank because later on it could be interpreted as you trying to hide something. Remembering this tip will help prevent a Martin verse Carpenter defense relating to your employment application.
And the second tip is that you should have an accurate accounting of all of your medical history. Keep all your medical records and even take notes relating to all your prior accidents, injuries, doctors, and treatment. Doing this can help prevent numerous defenses including fraud and causation.
The third tip is that you should keep a copy of your personnel file from work. These documents can include things like timesheets, bonuses and promotions, reviews and write ups, and the policies of your employer. These documents are important because, if you’re ever terminated, they can help overcome a misconduct defense or even set you up for a work comp retaliation case.
The fourth tip is to keep all of your pay stubs and take note of any employer contributions to fringe benefits like health insurance. Having these records can help your attorney accurately calculate your average weekly wage, which is the basis for how much you get paid by work comp. These records can become important if workers’ comp miscalculates your average weekly wage like that they didn’t include the value of last fringe benefits.
The fifth tip is that you should take pictures of your work environment like your office, your desk, and even the machines that you use. These pictures may become important if you ever have a repetitive trauma or exposure case.
The sixth and last tip is that you should write down the contact information of all the people that might become important to a workers’ compensation case. This includes supervisors, coworkers, and your employers work comp insurance company. And the information that you should get are their first and last names, phone numbers, and addresses. Getting this information is important for a few reasons. Firstly, your supervisor’s one that you have to report your work accident to. Coworkers are important because they could be witnesses to your accident. And the work comp carrier’s information is important so you can open a claim immediately.
So, to summarize this video, be as truthful and accurate as you can and document everything. Now that you know what to do before you get hurt at work, what do you do when you get hurt at work? Subscribe and hit the notification bell to find out.
As you can see, Florida workers’ compensation law is really complex. This video’s only just scratched the surface of that complexity. Look, you can’t do this alone. You need to hire an attorney that practices workers’ compensation law, that represents real clients, goes to court, that knows what they’re doing. And if you or someone you know were injured on the job or due to the fault of another. Give me a call anytime of the day or night, I have a 24/7, 365 receptionist. Or, you can go to my website and schedule a free consultation. Or, you know what, just text me: 561-935-3822.
But that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button it really helps me out. If you have a question or you want to tell me what you thought of this video, leave me a comment below. Like and follow me on my socials. If you want to learn more about me, my firm, Florida workers’ comp or personal injury law, just go to my website virtualaccidentattorney.com. But alright that’s it. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
4 EVENTS that could MAKE OR BREAK your Work Comp case! (Seriously!)
The BEST TIME to SETTLE your Work Comp case for MORE MONEY!
How to SETTLE your Work Comp case for MORE MONEY! (Factors that add value)
In this video, you’ll learn about the different events that may occur in your Florida workers’ compensation case.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another and personal injury. This channel’s all about answering your questions, and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer so just hold tight. And with that out of the way, let’s get into the video.
There are four main events that you might experience in your Florida workers’ compensation case.
The first event are your doctor’s appointments and they’re separated into two different types. The first and most important doctor’s appointment that you have are the ones that are authorized by the workers’ compensation carrier. A few tips relating to your authorized doctors’ appointments is that firstly if you don’t go your case can be denied for medical noncompliance and secondly if you don’t go at least once a year then your case can be denied for violation of the statue limitations. And if you want to learn more about the important dates that you have in your Florida workers’ compensation case, check out the video that I made linked in the card above. Now, obviously since this is an authorized doctor’s appointment, workers’ comp is responsible for fronting the bill except in circumstances when you’re released to what’s called maximum medical improvement in which case you’ll be responsible for paying a $10 copay for any visits. Medical opinions not only drive the type of benefits that you can get in your case but also the value of your case, so it’s really important for you to go to those doctors’ appointments. Now, you are entitled to one new authorized doctor on your case, but that’s for another video so make sure you subscribe and hit the notification bell so you know when I released the video on that.
The second type of doctor’s appointment that you might have to go to is when you present to an expert. Now, this could be your expert the insurance company’s expert or even the judge’s expert. And, for reference, an independent medical examiner or IME is either yours or the insurance company’s expert, and an expert medical advisor or EMA is the judge’s expert. Now, you should absolutely go to the expert doctor’s appointment, because, if you don’t go, not only could you be responsible for paying the no show cost, but you could even have your claim dismissed.
Alright and the second event that you might see is called a deposition. A deposition is just a time and place for the work comp carrier’s attorney to ask you questions, to see what you know, to hear your side of the story, and, ultimately, to see how you might testify in court.
The third event is called a mediation. Now, there are two types of mediations in workers’ comp. The first one is a state mediation and the second one is a private mediation. They’re both essentially the same, except that is state mediation is automatically scheduled whenever your attorney files a claim with the court and a private mediation, on the other hand, is voluntarily scheduled by the parties. Another difference is that the purpose of a private mediation is to try and settle whereas a state mediation is to try and resolve any the outstanding issues although you can actually settle the case there too. Now it’s important to go to the mediation because, if you miss it, the judge will give you one chance to explain why you missed it and if you don’t have a good enough excuse or if you don’t respond at all the judge can dismiss your claim.
Alright, the fourth and last event is called a final hearing, which is workers’ compensation’s version of a civil trial. Now, probably one of the biggest differences between a final hearing in a civil trial is that, in a final hearing, there’s no jury. Rather, the judge acts as both the judge and the jury. If you make it to the final hearing stage your case, it’s because you haven’t been able to settle and there’s still some outstanding issues. I hope after watching this video, you learned a little bit more about the different types of events that you might experience in your Florida workers’ compensation case. If you’re interested in learning more about the details of each of the events that I went over today like, for example, how to prepare for what to expect from a deposition, make sure to subscribe and hit the notification bell.
So, as you can see, Florida workers’ compensation law is really complex. This video is only just scratched the surface of that complexity. You can’t do this alone. You need to hire an attorney that practices workers’ compensation law, that represents real clients, goes to court, that knows what they’re doing. And if you or someone you know were injured on the job or due to the fault of another. Give me a call anytime of the day or night. I have a 24/7 365 receptionist. Or you can go to my website and schedule a free consultation. Or, you know what, just text me: 561-935-3822.
But that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button it really helps me out. If you have a question or you want to tell me what you thought about this video, leave me a comment below. Like and follow my socials. Or, if you want to learn more about me, my firm, Florida workers’ comp or personal injury law, just go to my website virtualaccidentattorney.com. But, that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching and I’ll see you in the next video.
In this video, you’ll learn about the different considerations that I make before recommending a settlement in a Florida workers’ compensation case.
If this is your first time to my channel, my name’s Domenic Celeste the Virtual Accident Attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions, and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer so just hold tight. And with that out of the way, let’s get into the video.
If you were to ask me whether there’s a best time to settle your Florida workers’ compensation case, I’d have to answer yes. For me, I don’t recommend settling unless I’ve gone through all my initial and primary considerations and checked off all the boxes. But, before we get into those considerations, what does it even mean to settle a case? Settling your case means that you’re receiving a lump sum of money tax free in your pocket to use however you wish in exchange for closing out your workers compensation case meaning no more medical care or lost wages paid for or provided by the work comp carrier.
So, now let’s get into my initial considerations. The first thing is do you still need medical care and how are you going to pay for it because once your case settles work comp is no longer responsible. The second thing is if you’re okay with losing your job, because when you settle your case, you have to resign from and agree to never work for your employer again. The third thing is do you have any other types of cases against the employer cause, if you do, you’re also settling those cases through a release. And the fourth thing is do you even want to settle your case. You’re not required to It’s completely voluntary between the parties.
So, if there’s a checkmark next to all those initial considerations then I’ll move onto the primary considerations. Now, before I get onto the primary considerations remember to subscribe and hit the notification bell so you know exactly when I release my next video. The first primary consideration that I make is whether your case is as valuable as it’s going to get. Remember, the value of your case is based on two things: the cost of medical care and lost wages. If you want to learn more about what your workers compensation case might be worth, check out the video I made on that. Usually, your case is as valuable as it’s going to get when you have a recommendation for some sort of expensive treatment like a surgery or you’re what’s called permanently and totally disabled. Now, the reason why your case being as valuable as it’s going to get is important is because it increases the chances that work comp will put more money on the table to settle. And, when they put more money on the table, that’s more money going on your pocket. And the second primary consideration that I make is what are the chances that I can get anything else for you from your workers compensation case? For example, is your case denied, what are our chances of success in court, and, if we win, what are you getting compared to the money that would go into your pocket through a settlement? To me, it’s not about the fame of going to court, it’s about getting my clients the most that I can from their workers compensation case. So, if there are also two checkmarks next to those primary considerations, then it might be a good time to settle your workers compensation case.
So, as you can see, workers compensation law is really complex. This video is only just scratched the surface of that complexity. You can’t do this alone. You need to hire an attorney that practices workers compensation law that represents real clients goes to court that knows what they’re doing. And if you or someone you know were injured on the job or due to the fault of another. Give me a call anytime of the day or night, I have a 24/7, 365 receptionist. Or you can go to my website and schedule a free consultation. Or, you know what, just text me 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button it really helps me out. Ask me a question or tell me what you thought of this video in the comments below. Like and follow me on my socials. If you’re interested in learning more about me, my firm, Florida work comp or personal injury law, go to my website virtualaccidentattorney.com. But, that’s it for now. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching and I’ll see you in the next video.
In today’s video, you’ll learn about the different factors that may affect what your Florida workers’ compensation case might be worth.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show this short disclaimer, so just hold tight. And with that out of the way, let’s get into the video.
So, what’s your Florida workers’ compensation case worth? Now, before we get into all the factors that determine your case’s worth, I need to let you know a few things. Firstly, whenever I’m talking about your case’s worth, I’m talking about it in the context of settling your case. And, secondly, so I don’t have to repeat myself throughout this video, when I’m talking about the value of your case, I’m talking about what workers’ comp might be expected to pay in the future; not what they’ve already paid in the past. So, with that said, let’s get into the factors.
The first factor is the value of your future medical care. So, what determines the value of that future medical care? The first thing is what’s the cost of that medical care to work comp? The cost is pennies on the dollar compared to what you or your health insurance might pay for that same medical care. Also, who’s recommending the medical care? There’s a big difference between that medical care being recommended by an authorized doctor, your personal doctor, or a hired expect. Typically, workers’ comp and even some judges give more credibility to an authorized doctor’s recommendation compared to another doctor’s. Which means if treatment’s recommended by an authorized doctor, it holds a stronger value to workers’ comp.
The second factor is the value of your lost wages. This is a little different than the value of medical care because sometimes you can consider the value of past lost wages and future. For instance, you might be owed lost wages for time that you’ve already missed from work or making a claim for future lost wages for time that you’re expected to miss from work like during the recovery of a surgery. Now, something important to remember here is that workers’ comp’s only responsible for paying for a percentage of your lost wages.
So, the value of medical care and lost wages are the two main factors that help determine what your workers’ compensation case is worth. But there are other things that you need to consider. Like for example, what are your chances of success in proving your case in court? What is work comp’s chances of success in defending the case in court? Who’s your judge, how have the ruled on this issue in the past? And if medical care is being used as a basis of your case’s worth, are you even willing to get that medical care?
Now, there are so many other factors that help in determining what your workers’ compensation case might be worth, but there’s just too many to list in the video. And really it comes down to the specifics of your case. Look, no two cases are the same, so it’s impossible for me to tell you in this video how much your specific case might be worth. Rather, the most that I can do is give you all primary factors that are used in determining what your Florida workers’ compensation case might be worth. If you’re interested in learning more about Florida work comp, please hit that subscribe button and notification bell, so you know exactly when I release a new video.
So, as you can see, Florida workers’ compensation law is really complex. This video has just scratched the surface of that complexity. You can’t do this alone. You need to hire an attorney that practices workers’ compensation law, represents real clients, goes to court, reads caselaw, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another. Give me a call anytime of the day or night, I have a 24/7, 365 receptionist. Or you can go on my website and schedule a free consultation. Or, you know what, just text me: 561-935-3822.
But that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button, it really helps me out. If you enjoyed this video, or if you have a question, let me know in the comments below. If you want to learn more about me, about my firm, about Florida workers’ compensation or personal injury law, just go to my website virtualaccidentattorney.com.
Alright, and that’s it. Again, my name’s Domenic Celeste the virtual accident attorney. Thanks for watching, and I’ll see you in the next video.
6 UNBELIEVABLE things to know about Florida WORK COMP LAWS!
The QUICKEST WAY to LOSE you Work Comp case! (Important dates to know)
4 OTHER OPTIONS besides Work Comp if you get hurt at work! (Work Comp the best choice?)
In this video, you’ll about the six things that you should know about Florida workers’ compensation law.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to Florida workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer, so just hold tight. And with that out of the way, let’s get into the video.
The first thing that you should know, is that in order to be covered by workers’ comp, your injury or your condition must have had occurred by accident and arose out of and within the course and scope of your employment. So, what does this mean? Basically, you have to have gotten hurt while doing what you would normally would do as part of your job. Now, there are a lot of exceptions to this and other instances where you get hurt not doing exactly what you normally would do. I’m not going to go over all those in this video, but probably one of the most common ones is that you’re doing an errand for your employer.
Now, an injury can include many different things: it can be a new injury, it can be a temporary or permanent injury, or it can even be an exacerbation or aggravation of a prior injury. And an accident, likewise, can be something that just happens one time like in a slip and fall or motor vehicle accident, or it can include something that happens over time like in a repetitive trauma accident, or it can even include an exposure to something like mold or chemicals.
Now, the second thing that you should know is when you get hurt on the job and start a workers’ compensation case, you’re not actually suing your employer. Rather, when you get hurt on the job, your workers’ compensation insurance kicks in and so does the Florida workers’ comp statute. And what you’re doing, basically, is that you’re petitioning for benefits that fall under that workers’ compensation statute. Now, don’t get me wrong, there may be, in very rare circumstances, instances where you might be able to sue your employer, but I’m not going to get into that in this video.
And the third thing that you should know is that there’s only two types of benefits that you can get in a Florida workers’ compensation case, and those two benefits are medical care and lost wages. There’s no pain and suffering, loss of enjoyment of life, punitive damages, or other types of damages that you might see in a personal injury case. You just have medical care and lost wages; that’s it.
Now, speaking of benefits, the fourth thing that you should know is that, in Florida, you don’t actually get to pick your workers’ comp doctor; rather, that’s the exclusive right of the workers’ compensation insurance company. And, in fact, you don’t even get to pick your one-time change in doctor because that’s also workers’ comp’s right. Now, there are some instances where you might be able to pick your one-time change, but I’ll get into that in another video, so, again, make sure that you hit that subscribe button and notification bell.
Now, luckily for you, even though you don’t get to pick your doctor, it’s workers’ comp’s responsibility to pay for all your medical care. And the only instance when you would have to pay part of your medical care is when you’re released to maximum medical improvement, and you present back to work comp doctor. In that instance, you would have to pay a $10 copay for the appointment.
The fifth thing that you should know about Florida workers’ compensation law is that when you’re out of work or you’re put on restrictions by your doctor and you’re not working, you’re not actually paid your full wage; rather, you’re only paid a percentage of your wage. And that percentage, which is called your compensation rate, is based and calculated off of your average weekly wage as calculated in the thirteen weeks prior to your accident.
Now, there’s a couple different percentages that you might get paid, and that’s based on what classification of disability that you have. And those classifications of benefits can either be temporary or permanent, total or partial, and can even include the impairment rating that your doctor might have assigned to you.
Now, the sixth and last thing that you should know is that not all employers are required to have workers’ compensation coverage. Generally, if your employer has four or more employees, it’s required to have coverage. But things are different if your employer is part of the construction industry or agricultural industry. If your employer is part of the construction industry, it actually only needs one or more employees to be required to have coverage. But if your employer is part of the agricultural industry, then it has to have six or more employees or twelve or more seasonal employees to be required to have coverage.
So, as you can see, Florida workers’ compensation law is really complex, this video has only scratched the surface of that complexity. But I hope after watching this video, you learned a little bit more about Florida workers’ comp and what makes it so unique. Remember, you can’t do this alone. You need to hire an attorney that’s licensed to practice law in Florida and that handles workers’ compensation cases, represents real clients, goes to court, reads caselaw, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another. Give me a call, I have a 24/7, 365 receptionist. Or you can go to my website and schedule a free consultation. Or, you know what, just text me: 561-935-3822.
But that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button it really helps me out. If you enjoyed this video or you have any questions, hit the comments section below. If you want to learn more about me, about my firm, about Florida workers’ compensation and personal injury law, or how to contact me, go to my website virtualaccidentattorney.com.
But that’s it for now. Again, I’m Domenic Celeste the virtual accident attorney, and I’ll see you in the next video.
In this video, I’ll be going over the three most important dates and deadlines that you have in your workers’ compensation case.
If this is your first time to my channel, my name’s Domenic Celeste the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions, and giving you tips relating to workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer, so just hold tight. And with that out of the way, let’s get into the video.
So, as I said, there’s three important dates and deadlines that you have in your workers’ compensation case.
The first most important date is what’s called the notice requirement. And what this is, is basically that you have to report your accident or injury within 30 days of it occurring or when you knew or should of known that your injury or condition was related to your employment.
Now, here are a couple tips with regard to the reporting requirement. One: you need to report it to your supervisor; not a coworker, not a friend. Your supervisor. Two: you need to do it in writing. And I don’t mean on a piece of paper and handing it to your supervisor. I mean by something that you can keep, something that shows that they actually received it. Like, for example, by email with a read receipt or the same thing with a text message and a read receipt. And especially don’t just go and tell your supervisor or call him on the phone. It needs to be in writing.
Now, calculating the 30 days out from an acute accident like a slip and fall, that’s pretty easy; it’s just 30 days from the accident. But, where it gets more complicated are in cases like repetitive trauma or exposure cases. These are cases when you don’t really know when the accident occurred. And that’s why there’s that second part of the definition: that you have to report within 30 days of your accident OR when you knew or should have known that your injury or condition was related to your employment. Now, in those type of cases, usually that’s when a doctor tells you, but a little tip here is that if you feel that your injury or condition might be related to your employment, you should tell your supervisor anyways just to be safe.
Now, the last two important dates or deadlines relate to what’s called the statute of limitations or abbreviated the SOL.
The first statute of limitations relates to that you have to file a claim within 2 years of your accident. This is why it’s especially important to hire an attorney, because it’s a lot easier for your attorney to file a claim on your behalf than you to try and do it yourself.
And the second statute of limitations date relates to when you already have an active workers’ compensation case, in that you’re getting medical care and you’re seeing a workers’ comp doctor. And what you’re required to do is see that authorized worker’s comp doctor at least once a year. But here’s a little tip: I tell all of my clients go to your authorized doctor twice a year that way you know you’ll never be in violation. This issue comes up a lot when you’re released to what’s called maximum medical improvement, or abbreviated MMI. And what this basically means is that your doctor doesn’t think that there’s anymore medical care or treatment that’s going to make your condition any better. And, usually, when this happens, the adjuster will send you a maximum medical improvement or release to work letter, and what this letter basically says is if you want to continue seeing your workers’ comp doctor, you have to pay a $10 copay; and, oh yea, in very small print, you have to see your doctor at least once a year to keep your case open. Now, I’ve seen some letters say, and some adjusters or nurse case managers actually testify, that they believe once you’re released to maximum medical improvement, you’re only allowed to see your work comp doctor once a year. But that’s false. Don’t let them tell you that. Don’t believe it. Their confusion relates to the one-year statute of limitations. But, again, it’s not that you’re only allowed to go to your work comp doctor once a year, it’s that you have to go at least once a year. You can go as many times as you want, but, remember, you have to pay that $10 copay.
And if you’re interested in learning more about maximum medical improvement, what sort of medical care that you can get in your workers’ comp case, or just what type of benefits that you can get in general in a workers’ comp case, make sure you hit that subscribe and notification bell, because I have a video that I plan on releasing going over all of that.
So, what happens if you violate the notice requirement or one of the statute of limitations. Well, your case will most likely be denied. Now, if that happens, there are exceptions to getting around the violations. I’m not going to get into all those exceptions in this video, but one of the most common exceptions is that workers’ comp never sent you the informational brochure or documents explaining your rights under workers’ comp like what the statute of limitations is and all of that.
So, to summarize this video: you have three important dates or deadlines in a workers’ comp case. The first one is that you have to report your accident or injury within 30 days of the date of accident or when you knew of should have known that your injury or condition was related to your employment. The second one is that you have two years to file a claim on your case or you may be in violation of the statute of limitations. And the third is if you’re seeing a workers’ comp doctor, you have to see that doctor at least once a year or you’ll be in violation of the statute of limitations.
So, as you can see, workers’ comp law is very complex. This video has only scratched the surface of that complexity. And making sure that you abide by and do not violate these three important dates and deadlines will help ensure that you can keep your workers’ comp case open. You can’t do this alone. You need to hire an attorney who regularly handles workers’ compensation cases, goes to court, represents real clients, reads caselaw, who knows what they’re doing. Give me a call any time of the day or night; I have a 24/7, 365 receptionist. Go to my website and schedule a free consultation. Or, you know what, just text me: 561-935-3822.
But, that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button, it really helps me out. Let me know what you think of this video or if you have any questions, hit the comments section below. If you want to find out more about me, about my firm, about how to contact me, or workers’ comp or personal injury law in Florida, go to my website virtualaccidentattorney.com.
But that’s it for now. Again, I’m Domenic Celeste the virtual accident attorney, and I’ll see you in the next video.
In this video, I’ll be discussing your options if you’re ever hurt on the job.
If this is your first time to my channel, my name’s Domenic Celeste, the virtual accident attorney. I’m based in Palm Beach County, Florida, and I represent those injured on the job in workers’ compensation and due to the fault of another in personal injury. This channel’s all about answering your questions and giving you tips relating to workers’ compensation and personal injury law. Now, before we get into the video, I have to show you this disclaimer, so just hold tight. And with that out of the way, let’s get into the video.
Alright, so you’re injured on the job, what are your options?
In my opinion, option 1: you should have a workers’ compensation case. I think it’s your best and only option and here’s why. Firstly, workers’ compensation is responsible for paying for and providing your medical care and a percentage of your lost wages. Secondly, in almost all cases, your employer is immune from you filing a lawsuit against it. And thirdly, if you’re lucky enough to have health insurance, chances are it’s not going to pay for any medical care that’s associated with your work-related injury.
But alright, so you don’t want to have a workers’ compensation case, what are your other options?
Option 2: sue your employer. Again, chances are, probably 99.9% of the time, your employer’s going to be immune, meaning, you cannot sue it for your work-related injury. Now, I’m not going to get into all the requirements that it takes for you to sue your employer in this video, but if you’re interested in learning more about that, subscribe to this channel and hit the notification bell, because I already have a video in the works explaining everything that you need to know if you want to sue your employer for your work-related injury.
Alright option 3: use your health insurance. Again, this is not a good idea if you have a work-related injury. Why? Your health insurance does not want to pay for your work-related injury and it’s not responsible for paying for it. What happens if your health insurance actually does pay for treatment associated with your work-related injury. Well, they’re going to want to be reimbursed, and who are they going to be reimbursed by? There’s two people: you or workers’ comp. Ultimately, the bill’s going to fall in your lap. Why? Because workers’ comp isn’t responsible for paying for any medical care or treatment from doctors or facilities that they don’t choose themself, and if you’re using your own health insurance, chances are you chose that doctor.
Now, lucky for you, there are two other options, except, they go back to option 1, which is you have to have a workers’ compensation case to do it.
So, with option 4, you start a workers’ compensation case except that you settle it. And when you settle a workers’ compensation case, you sign a settlement agreement. And in that agreement, workers’ comp is no longer responsible for paying for your medical care. So, where does that leave you? If workers’ comp isn’t responsible for paying for your medical care anymore, who is? Well, your health insurance now is. Under the current law, pre-existing conditions aren’t a factor. Your workers’ comp injury would be considered a pre-existing condition, so, your health insurance is responsible for paying for your work-related injury, but only if you settle your work comp accident.
Alright, and option number 5, again, requires you to have a workers’ compensation case, but while you’re proceeding with the workers’ comp case, in that you’re getting medical care and lost wages, as long as you don’t choose workers’ comp as your remedy, meaning that you go to court essentially, and there’s some other exceptions there, you can actually still look into suing your employer, which again was option number 2, you can look into suing your employer and if you think you got a good case, you can proceed with that case instead of the workers’ comp case. Again, only if you don’t choose your remedy, and you need to talk to an attorney about that.
So, you have a bunch of different options, but, really, it all goes back to your best and only option in my opinion, and in probably 99.9% of work-related injuries, to have a workers’ compensation case. It provides you with the most opportunities to do something else, and then, also, you’re getting benefits: medical care and lost wages.
So, as you can see, Florida workers’ compensation law is really complex, this video’s only just scratched the surface of that complexity. You cannot do this alone. You need to hire an attorney who’s licensed to practice law in Florida, and who regularly handles workers’ compensation cases, goes to court, represents clients, reads caselaw, that knows what they’re doing.
And if you or someone you know were injured on the job or due to the fault of another in Florida. Give me call, go to my website and schedule a free consultation, or, you know what, just text me: 561-935-3822. How many attorneys actually give out their cell phone number to clients let alone to people they don’t even know?
But that’s it for this video. If you got value out of it or if you learned something, please hit that like and subscribe button, it really helps me out. Let me know what you think of this video or if you have any other questions, hit the comments section. If you want to find out more about me, about my firm, about workers’ comp or personal injury, or how to contact me, go to my website, virtualaccidentattorney.com.
But that’s it for now. Again, I’m Domenic Celeste the virtual accident attorney, and I’ll see you in the next video.
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