Florida Worker's Compensation - Help For Injured Florida Workers

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  1. #1
    Join Date
    Nov 2008
    Posts
    5

    Unhappy Termination of Workers Comp Benefits

    trying real hard to figure all this stuff out when we think we got it something new hits and the lawyer forgot to mention, recently recieved letter of termination from employer where injury took place, letter did state we would receive benefits until after mmi is reached surgery is scheduled for nov.19th orthopaedic surgeon has written absolutely no work until after 12/2 at this time. Lawyer informed us NOW that the workers comp can quit paying if they deem fit i do not understand this if still under trtmt. do they have to notify (warn) us that we are losing our financial means or can they just decide to do this if they choose?

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Termination of Workers Comp Benefits

    You really need to go to the FL web site and read the FAQ's for IW's... http://www.fldfs.com/wc/faq/faqwrkrs.html#11, there is a lot of information there that will help you in understanding the WC process....

    But as to your TTD...there is a maximum number of weeks TTD can be paid...
    If I'm only temporarily disabled, how long can I get these checks?
    You can receive Temporary Total, Temporary Partial Disability payments or a combination of the two benefits during the continuance of your disability for no more than a maximum of 104 weeks.

    Reference: Section 440.15(2) , Florida Statutes
    FL statute provides for the provision of TTD/Temporary Total Disabilty...as follows..
    (a) Subject to subsection (7), in case of disability total in character but temporary in quality, 662/3 percent of the average weekly wages shall be paid to the employee during the continuance thereof, not to exceed 104 weeks except as provided in this subsection, s. 440.12(1), and s. 440.14(3). Once the employee reaches the maximum number of weeks allowed, or the employee reaches the date of maximum medical improvement, whichever occurs earlier, temporary disability benefits shall cease and the injured worker's permanent impairment shall be determined.http://www.flsenate.gov/Statutes/ind...3eSection%2015
    do they have to notify (warn) us that we are losing our financial means or can they just decide to do this if they choose?
    AH...no.... you should not expect to receive a phone call, or a note to 'warn' you that your benefits are stopping.
    What you will get,(or should anyway) instead of your regular check, is a letter telling you the benefits are stopping, and why.
    This should also tell you that if you disagree with the findings... how to dispute the matter.
    trying real hard to figure all this stuff out when we think we got it something new hits
    That is why you have an attorney handling your claim for you...listen to him/her, that continues to be your best source of information...that is the person most familiar with your claim.
    It may seem like your atty is leaving things out... but in actuality, the atty can't always anticipate the actions taken by the CA...and has to deal with the issues as they arise.

    If you find you don't trust the atty you have... consult with a few others... see what they have to say about your claim...
    There will only be one fee to be shared by all the atty's involved in your claim...

  3. #3
    Join Date
    Mar 2008
    Posts
    417

    Default Re: Termination of Workers Comp Benefits

    Most states are to give notice before benefits are stopped. If you have not had surgery yet it would be shitty if they stopped while recovering. But with the devils in work comp hell don't care.I was also terminated while on work comp and when wc sent me to their doctor to say I was MMI they paid me til the end of may and low and behold no benefits. Well in the mean time I went to my own doctor and am in therapy for needs to be done. But guess what more problems because I never got what I should of for 2 years +. Got some pain taken care of but now have nerve damage that may never heal. not surprised at all cause wc had to screw with me.

  4. #4
    Join Date
    Nov 2008
    Posts
    5

    Default Re: Termination of Workers Comp Benefits

    i have read over and over all the info on their web site, however i did not find any info on the discontinuation of benefits that is why i am so concerned. its just scary to know at any time you can lose your benefits and havent even had surgery yet not only that but the ortho. doctor was selected by workers comp not usand they choose the need for surgery and wrote no work until at least 12/2

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Termination of Workers Comp Benefits

    its just scary to know at any time you can lose your benefits and havent even had surgery
    What is your orginial DOI/date of injury...?
    IF you have received the max 104 weeks of TTD benefits, that is why the checks stopped.

    not only that but the ortho. doctor was selected by workers comp not usand they choose the need for surgery
    What doctor can I go to?
    Your employer, upon becoming aware of your injury, should provide medically necessary treatment by a health care provider for such period as the nature of the injury or the process of recovery may require. This includes medicines, medical supplies, durable medical equipment, orthotics, prostheses, and other medically necessary apparatus. Medical care must be authorized by the employer/carrier and provided by a physician from a list of those authorized to render medical care.
    Reference: Section 440.13(2)(a), Florida Statutes
    Why can't I go to the doctor of my choice?
    The law requires that the employer/carrier provide the appropriate medical care. However, if an injured worker objects to the medical treatment furnished by the employer, it shall be the duty of the employer/carrier to select another physician to treat the injured worker. Medical care must be authorized by the employer/carrier and provided by a physician from a list of those authorized to render medical care.
    Reference: Section 440.13(2)(a), Florida Statutes
    i have read over and over all the info on their web site, however i did not find any info on the discontinuation of benefits
    Sometimes it just takes a few more pages to find the information you are looking for...
    2) TEMPORARY TOTAL DISABILITY.--

    (a) Subject to subsection (7), in case of disability total in character but temporary in quality, 662/3 percent of the average weekly wages shall be paid to the employee during the continuance thereof, not to exceed 104 weeks except as provided in this subsection, s. 440.12(1), and s. 440.14(3). Once the employee reaches the maximum number of weeks allowed, or the employee reaches the date of maximum medical improvement, whichever occurs earlier, temporary disability benefits shall cease and the injured worker's permanent impairment shall be determined.
    http://www.flsenate.gov/Statutes/ind...3eSection%2015

  6. #6
    Join Date
    Nov 2008
    Posts
    5

    Default Re: Termination of Workers Comp Benefits

    the date of injury was 7/4/07 so it has only been a few months and as i said surgery is scheduled for actualy next wednesday.

  7. #7
    Join Date
    Nov 2008
    Posts
    5

    Default Re: Termination of Workers Comp Benefits

    im sorry i put the wrong date in it was this year in 2008 not 2007 i looked at it and realized i put in the wrong date

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Termination of Workers Comp Benefits

    the date of injury was 7/4/08 so it has only been a few months and as i said surgery is scheduled for actualy next wednesday.
    (I changed the DOI>..)

    OK...so you are receiving TTD benefits as your treating physican has declared you to be unable to perform your job (or any modified/alternate employment)...correct...?
    its just scary to know at any time you can lose your benefits and havent even had surgery
    And your concern is that the ER/IC can IF they choose stop paying your TTD...?

    For the TTD to be stopped, the CA/IC must have a report from your PTP , OR their doctor that declares you P&S/MMI, or you reach the 104 week cap.

    Try to concentrate on your surgery/recovery and successful return to work... and not worrying about something that has not happened.

  9. #9
    Join Date
    Nov 2008
    Posts
    5

    Default Re: Termination of Workers Comp Benefits

    ok see the check is several days late which i hear happens and because the company the accident happened with terminated me, the lawyer just wanted me to be aware that wc could stop the benefits that is why i was so concerned i did not understand why wc would want to cancel benefits on someone after need for surgery has been stated from wc dr.:

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Termination of Workers Comp Benefits

    I'm not saying there couldn't be a delay in receiving benefits/TTD checks... but there really isn't much to be done about the post office...there are many more delays there than you could attribute to the CA/IC...

    i did not understand why wc would want to cancel benefits on someone after need for surgery has been stated from wc dr.:
    There could be a number of reasons your TTD benefits could be disrupted...especially those I've outlined above...

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