TOP TWENTY QUESTIONS
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- What medical & money benefits am I entitled to as a result of my injury?
Each case is different. It is important to understand that the insurance carrier began defending against your claim
since first
receiving notice of the claim. Therefore, seeking immediate representation is very important in protecting your interests. We
will help evaluate the relevant facts and determine the impact the accident will have on your future. This includes a thorough
understanding of what happened, your medical treatment, your current condition and your future prognosis. We must also have
an opportunity to completely investigate the accident and analyze the impact that the accident has on your wage earning ability,
your lifestyle and your future. As the case matures, we will help determine the present value of money and medical benefits to
which you are entitled. Our firm has systems and procedures in place to assist you in determining the fair value of your case.
- How do I know if my employer or the insurance company is providing the benefits available by law?
The best way to know is to meet with a qualified attorney immediately following your injury to confidentially discuss your
case. Employers, in general, do not have the proper knowledge or understanding of the current workers’ compensation laws. As a
result, oftentimes injured workers are misled and misrepresented when relying on the employer and insurance carrier for advice
and direction. The insurance carrier is very often trying to save money, many times at the expense of the injured worker. Our
firm will help you know and understand what the laws are and what your benefits are relating to your injury.
- How do I handle issues with my employer after an on-the-job injury?
Everything done, said and documented between you and your employer could be very important in your case. Our firm will
help you in knowing how to handle communication with your employer.
- What are additional workers’ compensation benefits and how do I obtain them?
In order to seek additional workers’ compensation benefits, you must file a Petition for Benefits. Because the law requires that this
Petition contain very specific information, it is often difficult for someone without knowledge of these requirements to successfully
pursue additional benefits.
- What are social security disability benefits and how do I claim them?
In many circumstances, employers and insurance carriers do not tell the injured worker that they should also file for social
security disability in addition to workers’ compensation. Because a social security disability claim can take so long, it’s imperative
that you know whether you should or should not file this claim. We have an attorney on staff who can pursue the claim for you
when appropriate.
- Can I select my own doctor?
Your insurance carrier will provide to you a list of approved doctors. Because the insurance carriers are trying to save money
in most instances, they often select doctors who will favor them, not you. Because we have been representing injured workers in
Central Florida since 1968, we know the majority of doctors in this area very well and can help you in determining which
doctor to use from your list of approved doctors.
- If I don’t agree with the opinions of the doctors selected by the insurance company to treat me, is there anything
I can do?
Yes, there are several options and, when you meet with one of our attorneys, we can give you advice on what you should do.
- What do I do if my employer has fired me in retaliation for filing a workers’ compensation claim?
It is illegal for your employer to fire you for filing a workers’ compensation claim. However, the workers' compensation law
does not require your employer to hold your position until you can return to work. We will help you to know and understand
your benefits and rights.
- I have suffered a serious injury (paralysis, brain damage, RSD, herniated disc, repetitive trauma, etc.) do I need help
in understanding my legal rights?
Yes, you absolutely do. The insurance carrier may not advise you of all of the benefits to which you may be entitled. For
example, the insurance carrier may not tell you that you are entitled to attendant care, specialized transportation, home
modifications and other benefits too numerous to mention. These are important benefits for you to be aware of.
- Can I receive social security benefits, in-the-line of duty disability benefits, short-term or long-term disability benefits and workers’ compensation benefits at the same time?
Yes, you may receive some of these benefits at the same time although the amount may be reduced due to your receipt of other
benefits.
- Can I afford a lawyer and what is meant by no recovery-no fee?
Yes, you can afford a lawyer because if there is no recovery, there is no fee or costs. This means that our law firm pays all the
up front costs, and you pay nothing until a recovery is obtained. Any questions you have regarding the fee and cost agreement
with our firm will be explained to you in detail.
- Why do I need a lawyer when the insurance company has offered to pay my medical bills?
Florida law provides for an injured person to be compensated or made whole by the responsible party. The extent of
compensation will vary depending on the specific facts of the case. This is why it is so important to seek early consultation
with a lawyer experienced in injury cases so they can help you obtain the maximum recovery allowed by the law.
- What should I look for in choosing a lawyer to represent me?
Before hiring a lawyer, you should research the law firm and lawyers you are considering. Ask for information about your
lawyer’s education, training and experience and ask the lawyer to tell you about his/her experience in dealing with cases
similar to yours. Ask about the lawyer’s trial and courtroom experience. Ask the lawyer to go over with you in detail how the
lawyer’s fees and costs will be paid at the end of the case. If your case involves workers’ compensation, make sure your
lawyer is a Florida Bar Board Certified Workers’ Compensation Attorney. This certification is important because it
demonstrates that your attorney has specialized skills and experience in dealing with cases like yours.
- I’m not sure I am comfortable with the idea of suing. Is there any way my claim can be resolved without actually filing a lawsuit?
Our law firm is committed to helping our clients reach a satisfactory conclusion to their claim, whether by petitions or a
lawsuit and trial or by some alternative means. Our lawyers are experienced in alternative dispute resolution
procedures, such
as meditation, that can avoid the need to file a lawsuit. In all cases, we take the time to explain to our clients the risks and
advantages of each alternative procedure, so our clients can make an informed decision.
- Must I be released to full duty before I can return to work?
No, your doctor may release you for modified or light duty work. Because employers and insurance carriers want you to
return to work as soon as possible, it’s important that you have legal representation so you do not go back to work before you
are ready. There have been many cases where the injured person went back to work too soon, resulting in long-term damage
that could have been avoided. Our law firm can help you in your decision of when or if it is appropriate to return to work.
- How long do I have to report the accident to my employer?
You should report the accident immediately to your supervisor. It can be harmful to your case if you do not report your injury
in a timely manner. If your claim is not reported within a certain amount of time, your claim could be denied. If you have
not reported your claim in a timely manner, there are still ways our law firm can help you. You will need to speak to one
of our lawyers right away.
- Why is it important to have a Florida Bar Board Certified Workers’ Compensation Attorney handle my case?
The reason this is important is because the certification shows that each lawyer has demonstrated substantial involvement in
the area certified, passed a rigorous written examination, participated in a substantial amount of continuing legal education,
above that required for all bar members, and has successfully completed the peer review process. Board certification provides
you with a lawyer with very specialized skills and experience. Our law firm has five Florida Bar Board Certified Workers’
Compensation attorneys, who only represent injured workers.
- Is it normal to be scared and worried?
Our law firm has worked with thousands of injured workers and their families since 1968. Many of those clients have also been
scared, anxious, worried and simply needed someone they could turn to ask questions so that they understood their legal rights
and benefits. In today’s world, the system has evolved where legal representation is a necessity in virtually all cases. All of the
insurance carriers and employers have law firms representing them. You and your family also deserve legal representation so
that your future and your family are protected. The fact that you have been injured is nothing to be embarrassed about and
meeting with one of our attorneys is strictly confidential. We can meet with you in our office, at your home or even at the
hospital. We believe after you meet with one of our qualified attorneys, many of your questions will be answered, leaving you
with encouragement and hope instead of fear and worry.
- Why should Smith Feddeler, Smith & Miles represent me?
Our law firm is the only law firm in Florida with five Florida Bar Board Certified Workers’ Compensation Attorneys who
exclusively represent injured workers, not insurance companies. Five attorneys have passed the Workers’ Compensation board
certification test. One of our attorneys is the only attorney to achieve a perfect score on the Workers’ Compensation board
certification test. This is a rigorous written examination to test a lawyer’s skill and competence in the field of Workers’
Compensation. We have helped shape and define the Workers’ Compensation law in Florida for over three decades!
- What other questions might you have?
The qualified attorneys of Smith, Feddeler, Smith and Miles, P.A. are here for you and your family. Please feel free to present
any of your concerns or questions to us. If it concerns you then it is important to us. If you have questions, we are here to provide answers.
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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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Call NOW for a FREE Consultation
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