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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