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Some Work Comp Info - MMI/PIR/Doctor Changes/Fired

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Latest post Wed, Jun 11 2008 3:51 AM by supergirl2025. 0 replies.
  • Wed, Jun 11 2008 3:51 AM

    News [|*|] Some Work Comp Info - MMI/PIR/Doctor Changes/Fired

    Personally, my Work Comp experience has been horrible lastly due to an incompetent moron of a doctor.

    Report it immediately. That day. When the injury happened. Go immediately to the ER. Do it. Don't wait. Carriers have lawyers and Jeb Bush and the Florida Legislature made it their game not yours even if you have a lawyer.

    You are entitled to 104 weeks of benefits at 66 1/3% of your wage. If you have to have surgery, you should be at PTD (counts against your 104 weeks), you get 75%. If they fire your or give you any crap at work, get a lawyer. TTD, PTD, etc.

    Carriers will deny you. So, be prepared to wait 3 months or more. If you have a good case, most carriers settle before mediation. Anything you need after getting benes (pay), you'll have to fight for almost every time.

    You are allowed 1 doctor change. Also, if your doctor doesn't know and wants a 2nd opinion, LET HIM refer you. Once the 2nd opinion is received, call the first doctor and ask to go back to him. If he doesn't, you still have 1 doctor change since you didn't request it--the original doctor did.

    If your surgery requires help, they will pay someone to help you. If your doc says you need round the clock nurse care, they will have to do it. Have it set before surgery. If they refuse, your lawyer will file. Then do the surgery once the carrier finally agrees with the care.

    Don't pay for anything. Give your claim number, carrier info, etc. If you pay for anything, get your lawyer's approval. If you injure yourself further on work comp and the doc is not available, go to the ER so it is documented.

    Mileage - trips to the doctor, PT, etc. you get paid for. Mile it one way and double it. If you go to the store and the way home, the one way to the doc, etc. sill counts.

    MMI/PIR - Once your 104 weeks is done, you get a minimum PIR of 2%. Docs are supposed to review ALL records and take measurements. If they don't, the carrier is trying to screw you. Yes, their lawyer (carrier) can call your doc. Jeb Bush and the legislature made it their game so they don't have to care. If you disagree with your treatment, ask for that 2nd doctor. They may fight against it but the law says you get one.

    Notes: Keep them all. Write down what your doc says, PT says, etc. Make sure it goes in your records. Get a copy of PT records. Document everything including also when you were injured (time and date and where--exactly where), who you reported it to and their title (at work), and get the carrier's information. More notes you keep the better. If injured anywhere else after on work comp caused by the original injury, document it and go to the ER.

    Getting Fired - It is against the law to fire you over being on work comp. If you have a lawyer or not, write down what they say each time they discipline you. It actually is misdemeanor crime. If you have a lawyer, say, "My lawyer should be present for this." Report what they said about that and everything else. Give it to your lawyer. Ask for a copy of your employment file. When fired, tell them you will sue them. If they destroy your personnel file, they just spoiled (spoilation) evidence. Judges hate spoilation. Make them give you a form telling you what you were fired for.

    Suing for getting fired - Yes, you can sue. Florida is right to work state (they can fire you for anything that is) but they can't fire you for being on work comp. File an EEOC complaint for discrimination since you are disable (temp or permanent--doesn't matter). The EEOC may sue for you but unlikely. Once they have investigated, you can ask them for suing rights. The EEOC will gladly give it. Since it is now Federal, you'll have to find a lawyer that will sue them in federal court. Florida also has a EEOC type but good luck finding them.

    Once again, document, document, document. The more you document, the better off you'll be and your lawyer will thank you. Makes their job less difficult.

    Don't be afraid to get a lawyer since the employer/carrier already has one and will try to screw you out of everything.

    Severance Pay - If they refuse, file a small claims court case. If they move it to state or federal court, play hardball. Get a lawyer then change the complaint to sue for an illegal firing or the severance pay. $5000 is the limit in small claims. They may pay it just so the other employees they screwed doesn't follow your lead.

    Good Luck!
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