Being injured on the job happens to thousands of people each year in Florida. The Florida Workers’ Compensation law fills the lost income gap for injured workers once they are approved for medical and compensation benefits. Marshall Adler helps injured workers get prompt approval to receive these important benefits. Our law firm is headed by Attorney Marshall S. Adler, an attorney who is widely recognized for his knowledge and skill in this area of law. He has helped thousands of Florida workers obtain the Workers’ Compensation benefits they were entitled to receive. Obtaining benefits can be a slow and confusing process for an injured worker, but we are ready to help injured workers obtain Workers’ Compensation benefits.
Orlando History Of Orland Workers’ Injuries
Work Is Often Halted After Worker Injuries
Orlando is popular with growing industries and was mentioned along with Tampa, Florida as one of the fastest growing cities in America. The population had grown last year upwards of 60,000 people and the economy is expected to keep growing.
Growth means that we often see contruction on our travels through the various cities. While this may ultimiately be great for the future economies of the cities we venture through, contruction workers are the cornerstone of building these sites and they are quite often at the center of very dangerious jobs.
As seen in local news reports, work is often put on hold in situations where a worker has been injured as was the case in a recent contruction accident in Orlando in which a worker was fatally injured.
Workers’ Compensation Attorney Serving Orlando and Orange County, Florida- Devoted To Helping You
Sparked by a genuine interest in helping other people, Attorney Marshall S. Adler has devoted his law career to the practice of Workers’ Compensation law in Orlando, Florida and the surrounding area. He has been licensed to practice law in Florida since 1981, after earning his Law Degree at Duke University Law School. While at Duke, he enjoyed learning about Workers’ Compensation from Professor Arthur Larson, who has been recognized as the world’s leading expert in Workers’ Compensation law.
ORLANDO AND CENTRAL FLORIDA WORKERS’ COMPENSATION LAWYER
ADVOCATING FOR THE RIGHTS OF INJURED WORKERS AND THEIR FAMILIES SINCE 1981
Thousands of workers in Orange County Florida get injured on the job each year. If you count yourself among those who have been injured on the Job in Orlando or the neighboring cities, you are likely entitled to receive workers’ compensation benefits through your employer’s insurance company. This includes reimbursement for medical expenses and wage-loss compensation if you’re unable to work.
Most Orange County businesses in Florida that employ four or more part-time or full-time employees are required to purchase workers’ compensation insurance — either through the state compensation fund, a private insurance company, or by receiving certification from the state to self-insure.
Although Florida’s workers’ compensation system is designed to provide a financial safety net for employees, many still find it difficult to secure the benefits they are entitled to. It is for this reason that hiring a workers’ compensation attorney is so important.
For more than 30 years, Workers’ Comp Lawyer Marshall Adler has been helping Florida workers and their families get their lives back on track following a workplace injury or illness. The firm’s founder and lead workers’ compensation attorney, Marshall S. Adler specializes in every aspect of workers’ compensation law and has a proven track record of obtaining favorable settlements and jury verdicts for clients.
CALL TODAY FOR A FREE CONSULTATION AND GET HELP WITH YOUR ORLANDO OR ORANGE COUNTY WORKERS’ COMP CLAIM
If you were injured in a workplace accident or developed an illness from workplace conditions in Orlando, Florida or anywhere in Orange County, Florida call the Workers’ Comp Lawyer Marshall Adler today 407-648-5523. We offer a free, no-obligation consultation to help you understand your rights and legal options.
MARSHALL S. ADLER — A TRUSTED NAME IN ORLAND, ORANGE COUNTY AND CENTRAL FLORIDA
Marshall S. Adler has practiced workers’ compensation law in the Central Florida area since 1981. His interest in workers’ compensation began at Duke University Law School where he studied under Professor Arthur Larson, recognized as the world’s leading expert in Florida Workers’ Compensation law. Upon graduating from Duke, Mr. Adler became board certified in workers’ compensation law, meeting the criteria for achieving excellence in his field. He has also earned an “AV” rating from Martindale-Hubbell’s Bar Register of Preeminent Lawyers, which is the highest rating a lawyer can receive from his peers in ethics and ability.
For as long as I can remember, I’ve been driven to help others. Born and raised in Buffalo, NY — the ultimate working class city, I saw firsthand the grit, determination, and work ethic of working families. I’ve been fortunate enough to dedicate my 30+ year legal career to helping families just like the ones I grew up with, right here in Central Florida.
Being injured in the workplace takes a devastating toll on a person’s life — physically, emotionally, and financially. I’m committed to doing whatever it takes to ease these burdens for my clients.
SITUATIONS THAT REQUIRE A WORKERS’ COMP ATTORNEY IN ORLANDO OR ORANGE COUNTY, FLORIDA
- Your injury or illness requires extensive medical treatment or has resulted in permanent disability
- Your medical condition prevents you from returning to your job, or doing any kind of work at all
- You have a pre-existing injury
- You are not receiving benefits in a timely manner
- Your petition for benefits has been denied
- Your employer’s settlement offer doesn’t adequately cover all your lost wages or medical bills
- The workers’ comp doctor released you before you were ready or won’t refer you to a specialist
- Your employer has retaliated against you for filing a claim
- You are seeking social security disability benefits
- You want to file a lawsuit against a third party
TOP-NOTCH LEGAL SERVICES FOR INJURED WORKERS IN ORLANDO AND CENTRAL FLORIDA
When you retain the legal services of Marshall S. Adler, you’ll receive all the same benefits of a large corporate firm but in a smaller, more personal setting. During this time, you should be focused on your recovery and getting better — let us do the rest. Here are just some of the ways we can make life easier for you:
- Make sure you have access to proper medical care
- Handle all communications with your employer and their insurer
- Ensure your benefits are paid on time
- Negotiate a favorable settlement
- Construct a claim that best represents why you should receive benefits
- Gather medical evidence to substantiate your claim
- Consult accident reconstructionists, medical experts, financial analysts, accountants, and vocational experts to maximize the value of your claim
- Appeal a denied claim
- Investigate third-party claim
- Social Security Disability claims
- Long-Term Disability claims
TYPES OF INJURIES AND ILLNESSES COMMONLY COVERED UNDER WORKERS’ COMP IN FLORIDA
In general, your injury or illness will qualify as work-related, if it happened “in the course and scope of your employment.”
We represent Florida workers who have suffered a wide range of work-related injuries and illnesses, including:
Traumatic brain injuries
Spinal cord injuries
Knee, ankle, hip, and other joint injuries
Wrist injuries including carpal tunnel Syndrome
Burns and electrical injuries, severe scarring
Compression fractures and broken bones
Neck and shoulder injuries
Carpal tunnel syndrome
Loss of limbs
Hearing and vision loss
Many of the above injuries and illnesses stem from:
- Heavy lifting
- Slips, trips, and falls
- Falls from heights
- Equipment and machinery accidents
- Electrical accidents
- Collapsing structures
- Hazardous chemicals
The ROLE OF YOUR DOCTOR IN YOUR WORKERS’ COMP CLAIM
Your treating physician plays a central role in your workers’ compensation case. Not only do they diagnose your medical condition and recommend the appropriate treatment, they also make decisions that could impact how much you might receive in workers’ compensation benefits, such as:
- Whether your injury or illness was caused by a workplace accident
- •how much time off you’ll need to take off from work to recover;
- when you’ve reached maximum medical improvement
- the extent of any lasting medical impairments
CAN I PICK MY OWN DOCTOR?
Florida law states, that barring an emergency situation, you must see a doctor that is chosen or pre-approved by your employer and their insurance company. Being treated by the “company doctor” — someone who is on the insurance company’s payroll is obviously not ideal. It’s not uncommon for these doctors to try to protect the employer and insurer by questioning whether the injury happened at work, minimizing the seriousness of your injury, or sending you back to work before you are ready.
The laws governing which doctor/s you can see in a workers’ comp case are complicated. The Law Office of Marshall S. Adler can make sure you are fairly evaluated medically. If you are unsatisfied with the quality of your medical care, we may be able to pursue other options, some of which may include:
- Asking for a one-time change in physicians. This allows you to transfer to another doctor, however it will also be someone selected by your employer.
- Paying $1,000-$2,500 of your own money for an independent medical exam with the doctor of your choice. This doctor will not be your ongoing treating physician but can provide an accurate diagnosis of your condition and make a recommendation for treatment.
WHAT TO DO AFTER A WORKPLACE INJURY
If you were injured on-the-job, you need to take the following steps to protect your rights:
- Seek emergency treatment for your injuries if necessary
- If it is a non-emergency, make sure to schedule an appointment with a physician or medical group authorized/pre-approved by your employer. This will ensure your treatment gets covered.
- When you visit the doctor, be very clear and detailed when describing the nature of your injuries and how and where they occurred.
- Collect any evidence that proves your injury is work-related: take pictures of the accident site as well as your physical injuries. Write down the name/s and contact info of anyone who witnessed the accident
- Report your injury to your boss within 30 days from the date of the accident (the sooner the better!) If you have a work-related illness, make sure to report it within 30 days from the date you started having symptoms.
- Complete A First Report of Injury form, ask for a copy for your records
- File a Petition for Benefits (PFB) form with the Office of Judges of Compensation Claims
- Keep copies of all medical bills, paystubs, etc.
YOUR EMPLOYER’S OBLIGATIONS
Under Florida law, your employer must inform their insurance carrier of your workplace injury or illness within seven days of your notification. This is done by filing a First Report of Injury with the Florida Division of Workers’ Compensation and the insurance company. Within three days of reporting the injury to the carrier, you should receive a packet containing a copy of the accident report and information pertaining to the claims process.
THE TRUTH ABOUT INSURANCE COMPANIES
It is important to remember that workers’ compensation is an insurance program. The job of your employer’s workers’ insurance carrier isn’t to protect your interests, it’s to protect their own. They have well trained adjusters, nurse case managers, doctors, and attorneys all working to save the insurance company money. Common strategies and tactics they may use to reduce or deny benefits may include: not authorizing medical treatment, refusing to initiate weekly benefits, and more.
Workers’ comp attorney Marshall S. Adler has dealt with insurance companies for three decades. In fact, he began his practice representing insurance companies in a large firm setting. He knows exactly how the other side operates and is not afraid to go toe to toe with them to protect your rights. Mr. Adler is prepared to negotiate a favorable settlement on your behalf or take the case to court to get you the maximum amount of benefits you are entitled to.
BENEFITS AVAILABLE THROUGH WORKERS’ COMPENSATION COVERAGE
As an injured Florida worker, you may be able to recover medical benefits, lost wages, and vocational rehabilitation services. For permanent injuries, you may be able to collect permanent disability benefits and social security. Mr. Adler has in-depth knowledge of the statutes, regulations, and procedural rules that govern workers’ comp benefits and how these benefits are paid. He will manage the process to ensure you are paid what you deserve and have what you need, both in the short and long-term.
Workers’ compensation covers all medical care that is necessary to treat a work-related injury or illness, as long as your treatment is prescribed by a physician authorized by your employer’s insurer:
- doctor’s visits
- physical therapy
- diagnostic tests/x-rays
- prescription drugs
- medical devices/prostheses
- mileage reimbursement to and from medical appointments
WAGE REPLACEMENT/INDEMNITY BENEFITS
Workers’ compensation may replace your lost wages for a specified period of time if your injury or illness prevents you from returning to work. The amount you are eligible to receive is dependent on the nature and severity of your injury as well as how long you will be out of work.
The two most common types of lost wage benefits that an injured employee may receive are Temporary Total Disability (“TTD”) and Temporary Partial Disability (“TPD”) benefits.
TEMPORARY TOTAL DISABILITY (TDD) BENEFITS
If you expect to return to work but need some time off to recover, you would be eligible for:
- Temporary Total Disability (TTD) benefits.
- TTD benefits are 66 ⅔ of your pre-injury average weekly wage paid bi-weekly. The maximum TTD benefit you can receive in 2019 in Florida is $939.
- If your injury is considered severe (amputation, paralysis, blindness), you would receive a higher benefit equal to 80% of your regular wages which will be paid up to six months after the accident.
- TTD benefits don’t start until after you’ve missed seven days of work. If you end up being out of work for more than 21 days, you may be reimbursed for the first week of lost wages.
- TTD benefits can be collected for up to 104 weeks or until you are medically cleared to return to work
TEMPORARY PARTIAL DISABILITY (TPD) BENEFITS
If you expect to return to work but in a limited or restricted capacity, you would be eligible for Temporary Partial Disability (TPD) benefits.
- TPD benefits would be 80% of the difference between what you were earning before the accident and your earning potential afterwards
- Payments stop after 104 weeks or until you are medically cleared to go back to work
PERMANENT IMPAIRMENT BENEFITS/PERMANENT PARTIAL DISABILITY
At some point in your recovery, your doctor will conclude that you’ve reached maximum medical improvement (MMI). This means that all available treatment has been completed and your condition is considered “stable” or as “good as it’s going to get.” In other words, no further medical treatment is likely to change or improve your condition.
When you’ve reached MMI, your doctor will assign a permanent impairment rating which is a measurement of the permanent damage done to your body as a result of the injury. The rating is designated as a percentage of the loss of the use or function of the injured body part. If you receive an impairment rating greater than 0%, you will receive impairment benefits paid at the rate of 75% of your temporary total disability rate. Your impairment rating also determines the number of weeks you will be paid benefits based on the Florida Uniform Permanent Impairment Rating Schedule:
- 2 weeks of checks for every percentage from 1-10%;
- 3 weeks of checks for every percentage from 11-15%;
- 4 weeks of checks for every percentage from 16-20%; and
- 6 weeks of checks for every percentage from 21% and up.
For example, if you are assigned a permanent impairment rating of 4%, you would get paid 8 weeks of benefits (2 weeks x 4% = 8)
Permanent Total Disability (PTD) benefits
If your injury is so severe that it has left you with a permanent impairment that prevents you from returning to the workforce, you may be able to claim permanent total disability benefits (PTD). PTD benefits are 66 ⅔ of your average weekly wage and may be paid out until you reach 75 years of age. Examples of a qualifying permanent disability include: spinal cord injury, paralysis, amputation, traumatic brain injury, hearing/speech/vision loss, and second or third degree burns.
If your workplace injury or illness prevents you from returning to your original line of work, you may be eligible for vocational counseling, job placement, job training/retraining services . To find out more about this program, you may contact the Department of Financial Services, Division of Workers’ Compensation, Bureau of Employee Assistance and Ombudsman Office (EAO) at (800) 342-1741.
If your loved one died as the result of a workplace injury or illness, you may be eligible for compensation for funeral expenses (up to $7,500), income replacement, and educational benefits (available for surviving spouse).
SHOULD I SETTLE MY WORKERS’ COMP CASE?
Many workers’ comp claims in Florida eventually reach a settlement. The decision to settle is purely voluntary, meaning a judge can’t force an insurer to pay you, nor can they force you to accept an offer.
As you consider settling your case, you should take several things into consideration, including your current medical condition and prognosis, work status, and financial situation.
- Is your medical condition stable? What is the likelihood that your injury or illness could get worse?
- Have you been properly compensated for time missed from work?
- Does the settlement cover all of your injury-related expenses, including future care?
- Does the settlement factor in loss of potential earnings if you can’t return to work in the same field or not at all?
- Has your claim been denied? Are you confident you would win in court?
A general rule is that you shouldn’t agree to a settlement until your doctor says you’ve reached maximum medical improvement, or the stage at which you’ve completed all medical treatment and your condition is “as good as it’s going to get.” Settling before you know the full extent of your injuries and the impact it will have on your future is a risk that you might not want to take.
TYPES OF WORKERS’ COMPENSATION SETTLEMENTS IN FLORIDA
Lump Sum: A lump sum settlement is an agreement between you and the insurer in which you give up your right to receive future medical and wage loss benefits in exchange for a one-time lump sum payment, available to you now. This cash settlement would be based on the insurer’s estimate of how much they would have paid you over the life of the claim. A lump sum is advantageous if you need financial relief immediately.
Structured Settlement: A structured settlement is a series of continuous and consistent payments over an agreed time frame or through the remainder of your life. A structured settlement may be beneficial if you have a catastrophic injury and want to manage your money and pay for long-term care.
Workers’ comp lawyer Marshall S. Adler can further explain the pros and cons of both lump sum and structured settlements and recommend if there is one that makes sense for you. In any settlement negotiation process, he will advocate for your best interests and fight for every dime.
HOW MUCH IS MY CASE WORTH?
The value of your settlement hinges on a variety of factors, some of which may include:
- the severity of your injury
- anticipated out-of-pocket medical costs
- your wages prior to injury
- your ability to pursue gainful employment.
- the extent of any permanent impairment you have as a result of your injury
WERE YOU INJURED IN CENTRAL FLORIDA? GET THE BENEFITS YOU DESERVE
No one should face financial ruin after a workplace injury or illness. Schedule a free initial consultation with a Board Certified Workers’ Compensation Attorney to learn more about your rights and legal options. The Law Office of Marshall S. Adler has been fighting for the rights of injured workers in Central Florida since 1981. We’re ready to go to work for you!