Q What types of cases does the firm handle?
A We handle workers’ compensation, automobile accident, premises liability, medical malpractice, social security, wrongful death, dog bites and criminal cases.
Q Do I need money to start my workers’ compensation or personal injury case?
A No. If we are unsuccessful in obtaining benefits or an award for you, you will not be responsible for any fees or costs incurred on your areas. You will only be responsible for attorney’s fees and costs if we win your case.
Q How does our firm get paid?
A In personal injury cases, we get paid based on a percentage of the total settlement or jury award which we receive on your behalf. If we do not win your case, we receive no fee.
In workers’ compensation cases, we get paid in a number of ways, including from the workers’ compensation carrier for benefits obtained on your behalf which were previously denied by the carrier.
Q What workers’ compensation benefits am I entitled to receive?
A An injured employee can recover 2/3rds of his/her gross wages subject to a statutory maximum for a limited period of time before reaching maximum medical improvement. Once an injured worker reaches maximum medical improvement, the workers’ comp insurance company is required to pay only a small amount called impairment income benefits. The amount is based on the permanent impairment rating assigned by the authorized treating doctor. If an injury results in the death of the employee, Florida Law provides for benefits to the surviving family members. Florida Workers’ Compensation Law allows for medical care for the treatment of the on-the-job injury, including but not limited to attendant care, medical mileage, prescription medication, surgery, physical therapy, diagnostic studies. However, due to recent changes in the law, obtaining necessary medical treatment has become a very confusing and frustrating experience and often requires the services of a qualified attorney.
Q Can I file a claim for Social Security disability benefits while receiving workers’ compensation benefits, or should I wait until I settle my workers’ compensation case?
A It is not necessary, nor should you wait until your workers’ compensation ends. It is best to file for Social Security disability claim as soon as possible in order to avoid the possibility of a gap between the time the workers’ compensation ends and the Social Security disability benefits begins.
Q Can I get both workers’ compensation and Social Security disability benefits?
A Yes. However, there is a reduction in Social Security disability benefits because of workers’ compensation benefits being received by the injured worker.
Q Why does my insurance company have to pay money if I am not at fault in an automobile accident?
A If you are injured in an automobile accident, even if the other driver is at fault, a claim is made for payment of your medical bills and lost income against your own insurance company. This is known as PIP (Personal Injury Protection) benefits. This coverage pays 80% of a person’s medical bills and 60% of a person’s lost wages up to $10,000. This is coverage you purchase for your own protection and which is required under Florida Law.
In addition to PIP benefits, you can purchase uninsured or underinsured motorist coverage from your own insurance company. This protects you if you are hit by an uninsured motorist or your injuries are so severe that your claim is worth more than the at-fault party’s insurance coverage. You can make a claim provided you have paid a premium for that coverage with your insurance company.
Q Why am I responsible for my PIP deductible?
A When you as a consumer buy automobile insurance, you can elect to have no deductible or to have a deductible in increments as allowed by an insurance company up to $2,000 deductible. In many instances, a consumer elects to have a deductible in order to lower his or her insurance premium. However, if you are in an accident, your medical bills are not covered until you have incurred expenses over your deductible.
Q What is MMI and permanent impairment rating?
A MMI is short for Maximum Medical Improvement and simply means you are as good as you are going to get. That is not to say you are as good as you were before the accident, but that your condition has stabilized and you have a loss. It is at that point that some doctors assign, and insurance companies request a permanent impairment rating so they can evaluate the case. This rating is assigned by the doctor based on AMA guidelines.
