Daniel L. Hightower has been helping injured workers with their work accident claims since 1976. As an injured worker under the workers’ compensation law you are entitled to receive medical treatment and prescription drugs. You may also be entitled to wage loss reimbursement for time you have been unable to work. Most employers are required to carry workers’ compensation insurance.

If you have been injured at work and have questions, please contact us for a free consultation. There are no fees and no costs if no recovery of benefits or settlement is made for you.

Do you think your work injury may have been caused by a faulty product, unsafe work environment or someone else? You may be able to make a claim against a third party. Contact us for a free consultation and let Daniel L. Hightower review your options.

There are time limits for filing a work injury claim and time limits for keeping the claim from being closed by the insurance company. Once you are injured at work or become aware of a work injury, you have 30 days to report your injury to your employer. Generally, you have two years from the date of your injury to file a claim. Failure to report your injury within 30 days may be used as a defense against your claim regardless of the two-year Statute of Limitations for filing a claim. The Statute of Limitations in workers' compensation cases is two (2) years from the date of accident, or (1) year from the last time the employer/carrier provided medical treatment or paid compensation benefits to you, whichever is later. Other statutes may also apply to the determination of when the Statute of Limitations began to run or when it expires. If the Statute of Limitations expires, you will probably not be able to pursue your claim.

What To Do:

If you have been injured at work you should immediately tell your supervisor or employer. The supervisor or employer should fill out a form called the First Notice of Injury. Make sure you receive a copy of that form.

You should be sent to an authorized doctor by your employer and the workers’ compensation insurance company. Generally, you cannot choose your own doctor for treatment unless your employer fails to provide medical care after it is requested.

You should never provide a recorded statement to the insurance company or your employer.

You should make and keep regular doctor appointments with your treating physician. This will help the doctor identify your injuries, treat your injuries and document your continuing injuries, pain and problems. Once the doctor releases you from active treatment, you should probably make appointments to see the doctor once every two months thereafter if your injuries, pain and problems persist and are permanent in nature. This will get you needed treatment and help us document the permanent nature and severity of your injuries, pain and problems.

On each visit to the doctor, you should ACCURATELY describe your physical pain and problems from the subject accident or collision and name the body parts where you are having the pain and problems. Also discuss any activities that you cannot do because of the pain or cannot do as well or cannot do as long. These might be activities at work and these might be activities at home or recreational activities. If you have any depression or anxiety because of the accident and/or injuries report that as well. If you don’t have something, don’t report that you do. Don’t overstate your pain and problems and don’t understate your pain and problems.

If you are in pain and over-the-counter pain medication does not help, you should ask your doctor for prescription pain medicine. This will get you treatment that you need and deserve and make you more comfortable during the healing or improvement process. This will also help us document that you have had and do have real and permanent pain as a result of your injuries.

If you cannot work because of your injuries, pain and problems, you should report this to your doctor and describe to him or her exactly what it is about your injuries, pain and problems that makes you unable to do your work duties 8 hours per day. If your doctor agrees with you that you should not work during the healing or improvement process, please ask your doctor for a no-work slip. If your doctor believes that your are capable of light duty work, please ask your doctor for a light duty work slip with written physical restrictions on it.

If your doctor gives you any prescriptions for pain medicine and/or no-work slips or light duty work slips, please photocopy those before you do anything else with them. They will more than likely be evidence in your case that we will want to preserve.

You should keep your physical activities within the medical limitations that your doctor places on you. If you engage in work or other activities that exceed your medical limitations, you run risk of hurting yourself worse and suffering the rest of your life. Even if you wake up in the morning feeling fairly good, you should still keep your activities within your medical limitations.

The attorneys at Daniel L. Hightower, PA will help you navigate your way through this process. We are on YOUR side. Contact us today for a free consultation.

Mr. Hightower will only represent people that he believes have legitimate claims. He will require you to sign a letter promising that your injuries are legitimate and accident related. He will have NOTHING to do with someone trying to pursue a fraudulent or frivolous claim. Those people and those claims undermine the credibility of people with legitimate claims and the ethical lawyers representing them.

Frequently Asked Questions

How long do I have if I have been injured at work to report it to my employer?

You should report your work accident or injury to your employer right away. Failure to report your injury within 30 days may be used as a defense against your claim.

Will I be paid for the time I lose from work because of my work injury?

Wage replacement benefits will start on the eighth (8) day that the injured employee is unable to work. You will not receive wage replacement benefits for the first seven (7) days of work missed, unless you are out of work for more than 21 days due to the work accident. If your disability requires you to miss more than twenty-one (21) days, you are paid from the date of the accident.

How much will I be paid for my lost wages?

In most cases, the wage-replacement benefits will equal two-thirds (2/3) of your pre-injury regular weekly wage (AWW), but the benefit will not be higher than Florida’s average weekly wage. Checks are usually paid on a bi-weekly basis until you are released to work by your physician. If you continue to lose wages after returning to work or being released to work, you may be entitled to wage-replacement benefits at a lower rate.

What is AWW (Average Weekly Wage)?

Your Average Weekly Wage is determined by wages you earned in the 13 weeks prior to the date of your work accident. To be sure this amount is calculated correctly by the employer/insurance carrier so that you are paid the correct amount, you may want to contact Daniel L. Hightower, an experienced workers’ compensation attorney.

Will my medical bills and prescriptions be paid?

All reasonable, necessary and authorized medical bills, prescriptions and out-of-pocket expenses will be paid by your employer/insurance carrier.

Do I get to choose the doctor I treat with?

You must see physicians that are authorized by the workers’ compensation insurance company. However, you are allowed a one-time change in your authorized treating physician.

How much is my case worth?

To determine how much your case might be worth we analyze multiple factors including your age, wages, future expected wages, job type, injury type, level of education and training, and future estimated medical care and therapy.

What if I’m not able to return to my current line of work because of my injury?

Under the Workers’ Compensation Act, if you are unable to return to employment earning wages similar to your pre-injury wages, then you may be entitled to retraining at the State’s expense. The retraining program has to be approved by the Division of Workers’ Compensation Bureau of Rehabilitation and Reemployment Services. Often employees who are approved for retraining are also entitled to temporary total disability benefits for up to one year while they are pursuing retraining.

If retraining is not a viable option and you are unable to obtain any kind of employment, then you may be eligible for disability payments. These can be temporary, while you are still recovering from your injury, or permanent. Your entitlement to disability benefits would depend on the specific facts of your case and so the assessment must be made on a case-by-case basis.

There are limited options available and each case is different. Please contact us to discuss the options available to you.

What does TTD (Temporary Total Disabled) mean?

TTD means an injured worker is totally unable to work during the recovery and improvement process. TTD benefits are the wage-loss benefits that are provided as a result of your work injury that temporarily prevents you from returning to work and you have not reached MMI.

What does MMI mean?

Maximum Medical Improvement - The point at which you have improved as much as the doctors expect you to improve medically.

What does TPD (Temporary Partial Disability) mean?

TPD means an injured worker is partially unable to work during the recovery and improvement process. TPD benefits are the wage-loss benefits that are provided when the doctor releases you to return to work and you have not reached MMI and you earn less than 80% of the pre-injury wage. The benefit is equal to 80% of the difference between 80% of the pre-injury wage and the post-injury wage.

What does PTD (Permanent Total Disability) mean?

When an injured worker’s recovery has progressed as far as medical treatment can take it, the worker is said to have reached MMI. After that, temporary benefits are no longer payable, and some workers whose permanent physical restrictions prevent them from returning to work may be entitled to PTD benefits for loss of wage earning capacity. The requirements for these benefits change depending on the year you were injured. If you are PTD you may qualify for Social Security benefits, as well. Please read our information regarding Social Security Disability claims and contact us.

What if I am having problems receiving benefits or getting prescriptions authorized and paid for? Is your AWW rate correct?

Contact Daniel L. Hightower for a free consultation to evaluate your case.