What is Major Contributing Cause in Your Florida Workers’ Compensation Case?

What is Major Contributing Cause in Your Florida Workers’ Compensation Case?

The Florida Workers’ Compensation law is very complicated. This law is covered under Chapter 440, Florida Statutes. One aspect of the law concerns “Major Contributing Cause”. Major Contributing Cause or MCC is a defense that your employer or workers’ compensation insurance carrier may use to deny your benefits.

Why is Major Contributing Cause Important?

The specific language of major contributing cause is set forth in Florida Statute 440.09 (1). The statute provides that the employer must pay compensation or furnish benefits if you, the employee, suffer an injury while working. Any accidental compensable injury must be the Major Contribute Cause of any resulting injuries. The term Major Contributing Cause means “the cause which is more than 50% responsible for the injury as compared to all other causes combined for which treatment or benefits are sought.”

What Do I Need to Prove to Establish Major contributing Cause?

The importance of the Major Contributing Cause under the Florida Workers’ Compensation Law is relevant when an employer or workers’ compensation insurance company believes that your injuries may not have resulted from your work accident. As an injured worker, you have the obligation to prove that the cause for the need for treatment is more than 50% related to your work accident. You may ask yourself, if I was injured at work then my injuries should be covered under the Workers’ Compensation Law. This is not always the case if you had any prior existing conditions ,which may have contributed to your injuries.

What are Pre-existing Conditions?

Example? What if , prior to your workers’ compensation injury, you had seen a doctor or you had back pain? If you were diagnosed with degenerative disc disease then this is known as a prior existing condition. Even if you never had any major issues with your back prior to your work accident you still must prove that the injuries you had at work were more than 50% related to the work accident as compared to your prior existing degenerative disc problems to your back.

How do I prove Major Contributing Cause?

After you are injured, the employer or workers’ compensation carrier should authorize a physician to examine and treat your back. If your physician determines that the need for treatment to your back is more than 50% related to your work injury as compared to your pre-existing condition then your treatment and resulting benefits should be covered under the Workers’ Compensation Law. In some circumstances, the employer or workers’ compensation insurance carrier may deny your benefits if they believe that your pre-existing condition is more than 50% the reason why you need treatment as compared to your work accident. In this case, you should seek the advice of a Florida Workers’ Compensation attorney so that any benefits that you would be owed under the law will be properly administered to you.

Should You Hire a Workers’ Compensation Attorney?

If you or anyone you know has been injured in any kind of accident, whether working or not, you may be entitled to medical and compensation by the filing of a workers’ compensation claim or petition for benefits. You should seek the advice of a Miami or South Miami workers’ compensation attorney so your rights can be explained to you. Attorney Jeff E. Rubin at the law firm of Talianoff Rubin & Rubin, P.A. has been handling Florida Workers’ Compensation cases since 1989. Jeff will provide a free consultation so that you can have a clear understanding of your rights if you had an accident and you were hurt or injured while working. Call 305-270-3211 or email jeff@mialaw.com to schedule a free consultation.

Call 305-270-3211 or email jeff@mialaw.com to schedule a free consultation.

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Hiring a Florida Workers’ Compensation Attorney

What Medical Benefits Should I Receive?

If you are injured  while working should you hire a Florida workers’ compensation attorney if you do not receive the proper workers’ compensation benefits?

If you are injured while working you should expect to receive workers’ compensation benefits from your employer’s workers’ compensation insurance carrier (“employer/carrier”).     If you are unable to work because of your work accident, the employer/carrier should immediately provide medical benefits to you. These medical benefits could be at a medical clinic or a local emergency room depending on the severity of your work injuries. After you are initially treated you would most likely follow up your medical treatment at a clinic or a medical specialist depending on what part of your body you injured at work. You may see an authorized orthopedist, neurologist or other type of specialist. You should insist on seeing a specialist to treat your injuries especially if you are told to follow up at a clinic and you do not believe you are receiving sufficient treatment for your work injuries. The clinic is sufficient for minor injuries, but seeing a specialist will get you the medical attention you have a right to receive under the Florida Workers’ Compensation Law.

What Payments should I Receive?

You should also receive workers’ compensation payments from the employer/carrier.   These payments are known as indemnity benefits.   If the physician at the clinic or your treating workers’ compensation doctor determines that you are unable to return to work as a result of your work injuries you should receive temporary total disability benefits. If your treating doctor determines that you have physical limitations as a result of your work injuries, but your employer is unable to accommodate your physical limitations the employer/carrier would pay you temporary partial disability benefits.   These two types workers’ compensation benefits would continue until you are released by all your authorized treating workers’ compensation doctors.

What Should I Do if I Do Not Receive Medical and Indemnity Payments?

If you do not receive proper medical and workers’ compensation payments you should consider hiring a workers’ compensation lawyer.   A lawyer who concentrates in Florida Workers’ Compensation would be able to assist you with receiving medical and indemnity payments. The Florida Workers’ Compensation Law is designed to be self- executing. However, in some circumstances the employer/carrier may not agree with your treating doctor’s opinions or provide the correct workers’ compensation payments.   Your workers’ compensation lawyer should immediately contact the workers’ compensation adjustor to resolve the medical and indemnity benefits owed to you. If your lawyer is unable to resolve your benefits, he or she should file a petition for benefits. After a petition for benefits is filed a judge of compensation claims assigned to your case will make a judicial determination of the medical and indemnity benefits you are entitled to receive under the Florida Worker’s Compensation Law.

Should You Hire a Workers’ Compensation Attorney?

If you or anyone you know has been injured in any kind of accident, whether working or not, you may be entitled to medical and compensation by the filing of a workers’ compensation claim or petition for benefits. You should seek the advice of a Miami or South Miami workers’ compensation attorney so your rights can be explained to you. Attorney Jeff E. Rubin at the law firm of Talianoff Rubin & Rubin, P.A. has been handling Florida Workers’ Compensation cases since 1989. Jeff will provide a free consultation so that you can have a clear understanding of your rights if you had an accident and you were hurt or injured while working. Call 305-270-3211 or email jeff@mialaw.com to schedule a free consultation.

Call 305-270-3211 or email jeff@mialaw.com to schedule a free consultation.

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What is a Florida Workers’ Compensation Accident and Injury?

What is a Florida Workers’ Compensation Accident and Injury?

What is an Accident?

If you are hurt or injured at work you may ask yourself… what is a workers’ compensation accident that would be covered under the Florida Worker’s Compensation Law?  The definition of a Florida Workers’ Compensation accident under Florida statute 440.02 (1)” .  .  . “means only an unexpected or unusual event or result that happens suddenly.” This means that if you are an employee working for an employer and you have an accident then you may be entitled to workers’ compensation benefits.

 


What is an injury?

If you have an accident defined under the Florida Worker’s Compensation Law and you are an employee of an employer then the question becomes whether your injury that you had while working is covered under the Florida Worker’s Compensation Law.   The definition of a Florida workers’ compensation injury under Florida statute 440.02 (19) “ .  .  . means a personal injury or death by accident arising out of or in the course of employment, and such diseases or infection as naturally or unavoidably result from such injury.”

What Medical and Indemnity Benefits are Provided?

The definitions of an accident and injury have many interpretations under the Florida Worker’s Compensation Law. For example, a typical accident resulting in an injury at work could be when you fall down a set of stairs while working causing you to break an ankle.  In such case, as long as you are in the course and scope of your employment then you would be entitled to workers’ compensation benefits. Workers’ compensation benefits come in two basic forms: medical and indemnity.  The first benefit would be medical care and treatment. Using our example, you would be entitled to see a doctor or physician so he or she could treat you for your broken ankle. The second benefit would be the payment of indemnity, such as, temporary total disability benefits, temporary partial disability benefits, permanent partial disability benefits/impairment benefits, and/or permanent total disability benefits why you are unable to work and still under treatment with your physician.

There are many other benefits under the Florida Worker’s Compensation Law that you may be entitled to if you have an accident resulting in an injury while working. These may include surgery, diagnostic testing, medication, transportation to and from your medical providers, medical apparatuses, psychiatric or psychological treatment, attendant care and permanent total disability benefits depending upon the severity of your workers’ compensation injuries.   There are also many expansive definitions under the Florida Worker’s Compensation Law that may cover your accident and injuries.

Have You Been Injured While Working in a Florida?

If you or anyone you know has been injured in any kind of accident, whether working or not, you may be entitled to medical and compensation by the filing of a workers’ compensation claim or petition for benefits. You should seek the advice of a Miami or South Miami workers’ compensation attorney so your rights can be explained to you. Attorney Jeff E.  Rubin at the law firm of Talianoff Rubin & Rubin, P.A. has been handling Florida Workers’ Compensation cases since 1989.  Jeff will provide a free consultation so that you can have a clear understanding of your rights if you had an accident and you were hurt or injured while working.

Call 305-270-3211 or email jeff@mialaw.com to schedule a free consultation.