Recent Blog Posts
The Right To Choose Your Doctor
Of the many recent changes made to the work comp statute in Florida (at the request of the insurance companies), the right to control the medical care has probably been the most damaging to employees injured on the job. The law provides the insurance company chooses the initial treating doctor. While the injured worker… Read More »
Employer Notice Requirement
Many injured workers are unaware of the legal requirement to give the employer notice of an injury at work. While this requirement is oftentimes a non-issue in light of the nature of the accident, insurance companies are becoming more aggressive in seeking ways or reasons to deny claims. The work comp statute requires the… Read More »
Entitlement to Workers Compensation for Undocumented Workers
Every person injured at work in Florida faces fear. Fear of not only the injury itself, but of the consequences the injury will play on finances, family and the future. Undocumented workers however, face additional fears, some valid, many not. Many undocumented workers worry that they will not receive any workers’ compensation benefits based… Read More »
Benefits You May Not Know About in Workers Compensation
The workers’ compensation law is unlike civil lawsuits in many respects. Generally, an injured worker is only entitled to two types of benefits – medical care and lost wages. Yet I’m frequently reminded that most injured workers are not advised of all of the benefits available to them. So, let’s look at a few… Read More »
Third Party Claims – Personal Injury Claims – with Workers Compensation
Many people suffer injuries caused by the negligence of another person or entity. The injured party has the right to sue for damages from this injury in what we commonly refer to as a personal injury suit. If you’re injured while on the job, you cannot sue your employer for personal injury – your… Read More »
What type of medical benefits do I get from an on the job injury?
Any and all medically necessary benefits as recommended by a workers’ compensation doctor. In workers’ compensation, the insurance company has a duty to provide you with medical care as the result of an on-the-job injury. This means, the insurance may have to provide transportation and translation for each of your medical appointments. If you… Read More »
Merit Retention – Florida Supreme Court
Please join The Law Offices of Nicole Hessen, P.A. in supporting the current Florida Supreme Court Justices on the upcoming ballot for Merit Retention. The ballot will ask voters if these Justices should be retained. Please vote yes to retain all Justices in the upcoming election. The judicial merit retention process in Florida is… Read More »
Do you have a workers’ compensation claim without a physical injury?
In most workers’ compensation claims where an employee is injured at work the injury is physical in nature. For example a torn rotator cuff (shoulder injury) or a herniated disc (back injury). There are times where these types of claims also have a mental health component. However, what if there is no physical injury?… Read More »
Workers’ Compensation Fraud Defense
In Lucas v. ADT Security, the 1st DCA reversed a ruling from the Judge of Compensation Claims that the injured worker committed fraud. In Florida workers compensation claims, it is common for insurance companies to utilize a ‘fraud defense’ to deny legitimate accidents and claims. The insurance companies often try to minimize the injury… Read More »
Employee Earning Reports in Workers’ Compensation Claims
In Republic Waste Services v. Ricardo, the First District Court of Appeal reviewed a Judge’s Order wherein the Judge awarded lost wages but denied penalties and interest on those lost wages. The Judge ruled the injured worker failed to submit earnings reports and therefore, the carrier wasn’t late in paying the lost wages. The… Read More »
