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OBSERVATIONS ON THE FLORIDA WORKERS' COMPENSATION SYSTEM

THE EMPLOYEE
Employees, in general, do not have knowledge or understanding about how the law works. As a result, they often ask friends, family, coworkers or ex-coworkers for advice. This advice can often cause the employee to be misled and misrepresented. For example, we often have people tell us they heard if you don't report your injury within twenty-four hours, your claim will be denied. Although it is very important to report your claim right away, this information is simply false. Even if you know someone who has recently dealt with a workers' compensation claim or an attorney, the laws are constantly changing, and it is in your best interest to seek your own legal counsel. Do not rely on your employer, insurance carrier, nurse case manager, doctor, friend or coworker for legal advice.

THE EMPLOYER
Most employers are not familiar with the Florida Workers' Compensation Law and oftentimes provide injured workers with erroneous or false information out of this ignorance. In addition, employers are often pressured by the insurance carriers to fight legitimate claims out of a fear of experiencing an increase in their insurance premiums. While you may have a good relationship with your employer, it is best to seek guidance from informed, knowledgeable workers' compensation attorneys.

THE DOCTOR
Because the insurance carriers hire and pay the doctors they choose, they select doctors who most likely will favor them. Doctors and insurance carriers usually have a relationship, leaving the injured worker as the incidental third party. Doctors understand that their name can be stricken by the insurance carrier's list at any time, so oftentimes doctors lack objectivity and will give the insurance carriers either what they ask for, or what they think they want, leaving the injured worker at risk for inadequate medical treatment and/or diagnosis. Although we want to believe it is not the doctor's intent to lack objectivity, from our experience in dealing with over 20,000 workers' compensation cases in Central Florida, we know first-hand that some doctors are persuaded and influenced by the insurance carriers that pay them.

THE INSURANCE CARRIER
Insurance carriers understand the system and know that most injured workers and their employers do not understand the system. This creates an unequal playing field for injured workers if they do not have their own legal counsel. Insurance carriers are trying to save money, sometimes at the expense of the injured worker. Because they select the doctors you go to after you've been injured, insurance carriers try to find doctors who favor them. They often give the injured worker limited information which can cause harm to you down the road. They hire case managers and nurses to represent them. Their mission is to meet with your doctor and understand your case better than you do. They often even go in the room with the injured worker and the doctor to learn about your case so that they can influence the doctor. They are not necessarily looking out for your best interests. Rather, they are looking to spend as little as possible on your medical bills and lost wages, usually by obtaining a premature release from your medical care.

THE INJURED WORKER
The injured worker is usually concerned most about his/her job. They want to know their rights and what decisions they need to make. In addition to being injured, they are often scared, anxious and worried about not only themselves, but also the impact their injury will have on their family and future. The injured worker needs someone qualified they can speak with to have their questions answered. Because their employers generally do not have a good understanding of how the law works and because their insurance carriers do have knowledge, but are not acting in their best interest, it's imperative that the injured worker seek legal counsel. Employers and insurance carriers both have law firms representing them. You also need to seek legal representation from a law firm that will help protect you and your family's best interests.

Lakeland Office
863-688-7766
863-687-7258 fax
832 South Florida Ave
Lakeland, Fla 33801

Tampa Office
813-223-4822
813-314-2973 fax
205 S Dale Mabry Hwy.
Tampa, Fla 33609


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