Your Personal Injury Concerns Put to Rest- Don't make a mistake, get the facts from an expert
Even a minor accident can cause physical and financial confusion, worries, and setbacks. Allow us to help answer your questions and put your concerns to bed, so you can focus on your recovery. Why wait any longer to get the answers you need? Click here and see how our knowledge, advice, and experience can help you.
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Will I lose my job for filing a workers' compensation claim?
Your employer cannot fire you for filing a workers' compensation claim. Protection from retaliation is a part of the workers' compensation law in Florida. However, depending on the severity of your injury and the nature of your work, you might not be able to return to work. Additionally, the employer is not required to keep your job open for you to come back.
Do I need an attorney?
You need an attorney in order to receive the maximum benefits you are entitled to under the law. The Coye Law Firm is experienced in the workers' compensation system and can help you sort through medical benefits, lost wages, and other sources of financial assistance. Although one is not required by law, an attorney knows the methods, reasons, and small details that go into calculating a settlement for your full benefits. Call the workers comp lawyer team at the Coye Law Firm today.
How much will I get paid? Can I get a settlement? What if I am in the process of declaring bankruptcy?
Consult a workers' compensation attorney at the Coye Law Firm to determine how much your claim is worth. After you discuss what happened, they will be able to give you a more complete picture of the benefits you can receive under the law.
Most benefit checks are paid bi-weekly and are for 2/3 of your average weekly wage. A settlement needs important consideration of your injuries, future wages, and reemployment in order to help you recover.
If you are in the process of filing bankruptcy or need to declare bankruptcy after receiving a worker's compensation claim, it is highly important that you speak with your worker's compensation attorney beforespeaking with a bankruptcy lawyer. The worker's comp payments or settlement should be exempt from debt collection and creditors, but could be considered "income" and complicate your situation.
How do taxes work with workers compensation benefits?
You do not pay taxes on benefit checks. However, if you go back to work on a trial basis and earn wages while receiving a benefits check, you are required to pay taxes on the wages earned. Visit our section on income taxes to learn more.
What is a "petition for benefits"?
A petition for benefits is a form that the employee or claimant files in order to demand benefits be paid. This involves state government in your claim. If you choose to file a petition for benefits, it requires that a mediation conference take place. In order to protect your benefits and legal rights, you need a workers compensation attorney from the Coye Law Firm if your benefits are being denied. Florida law protects injured workers, so don't settle your claim without consulting one of our experienced attorneys.
Does workers' comp affect my social security disability benefits? What about unemployment?
You can receive both social security disability benefits and workers compensation at the same time. However, your workers compensation check will be reduced to compensate for the extra money you'll be receiving. Under the law, the two payments together cannot equal more than 80% of your average weekly wage prior to your injury. Refer to our Social Security Disability page for more information on this form of financial assistance.
To qualify for unemployment assistance, the law states that you must be able to work. If your doctor and attorney find that you are eligible to receive temporary total or permanent total disability benefits, then you are not eligible to receive workers' compensation benefits at that time.
What about the wages I lose while being out of work? Do I get paid for those too?
Depending on the severity of your injury, you are eligible to receive between 66 2/3% and 80% of your average weekly wage in addition to having your medical bills paid by the employer's insurance carrier. Consult an attorney at the Coye Law Firm to determine your lost wages compensation rate and get the most benefits you can.
Can I be reimbursed for the cost of driving to my doctor appointments?
If your doctor appointment is related to your workers' compensation injury, you can have the mileage reimbursed by your employer.
Can my mental illness be attributed to hazards in the workplace? If so, can I file a workers' compensation claim?
It depends. If your mental injuries are accompanied and caused by physical injuries, you may be able to claim benefits to remedy this problem. There are many exceptions, however. If depression results from being out of work, it is not compensable. The statute can be reviewed here .
What do "MMI," "IR," "TPD," "TTD," and "PTD" stand for?
MMI means "Maximum Medical Improvement" and is used to determine when benefits should stop being paid to the injured employee. IR means "Impairment Rating," TPD means "Temporary Partial Disability," TTD means "Temporary Total Disability," and PTD means "Permanent Total Disability." All of these categories are used to determine an injured worker's benefits. When a worker reaches MMI, their workers' compensation benefits stop. However, the doctor assesses an impairment rating, which determines the amount of benefits they may continue to receive.