Your Personal Injury, Workers' Comp, Disability and Family Law Concerns Put to Rest
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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Do I have to be present at mediation? I'm from out of state and I don't want to fly or drive in for a meeting.
According to the rules outlined on the JCC web site , you have to show good reason for not being present at the mediation. If you are from out of the area, you can be connected to the meeting by the telephone or a video conference on the Internet. These other means of communication must be approved by the mediator in advance of the meeting.
My 19 year old son/daughter was injured at work recently. How does this factor into their workers' compensation claim?
Younger workers are given special consideration when the average weekly wage is computed to arrive at a lost wages settlement. People under 22 years can expect to have their wages increase at rates faster than older workers, so their injuries may impede upon this. Therefore, reasonable measures are taken to compute the average weekly wage. An attorney can help to explain this process and make the computations according to the law.
How much does it cost to hire an attorney for my workers' compensation claim?
Florida law places a limit on the amount that an attorney representing an injured person can collect in a worker's compensation claim. The specifics of Florida law have changed over the years. Depending on the date of your injury, the cost can vary and the only way to know for sure is to discuss your situation with an experienced worker's comp attorney.
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.