Notify Your Employer Immediately of an On-the-Job Accident!

I have handled numerous workers compensation claims in Florida over a ten-year period.  My efforts to protect the rights of injured workers and their families are at times damaged by the actions of injured workers before they ever come into my office.  Failure to report a claim timely can ruin a claim.   Unfortunately, this mistake is becoming more common.  I attribute this to rising unemployment.  Many workers are scared that suffering an injury on the job marks them with a Scarlet Letter and threatens their employment.   

§440.185, Florida Statute, generally requires an injured worker to advise his or her employer within thirty (30) days of suffering a work related injury.  The statute is designed to allow the employer the opportunity to conduct an investigation upon receiving notice of the injury.  Often, an injured worker opts to seek initial medical treatment under their health insurance. This election can bar the claim, if the employer is not notified within the 30-day deadline.

If you or a loved one is injured at work, notify your employer immediately.   

If you are concerned that your employer is going to treat you unfairly after you make the report, contact my office.

“Hurry up and wait” should be the mantra of the Social Security Administration as 29 is the number of months most people will wait to have a hearing on their application for Social Security disability benefits.  This does not include the amount of time it takes to receive the written decision after the hearing, 3-6 months, or the amount of time it takes to start receiving monthly benefits after the decision is received, another 3-6 months.  It similarly does not include the amount of time it takes to receive retroactive benefits or “backpay” after monthly benefits are received, yet another 3-6 months. 

Current and former clients often tell me that they regret their hesitation in filing for Social Security disability benefits.  Had they known the process, from application to payment, could take so long to come to fruition, most would have filed an application much, much sooner.  In fact, few clients are aware that they could have filed an application for disability prior to leaving their job.  The best time to start considering filing an application for disability benefits is when you begin to cut work hours due to illness or impairment.  An individual claimant may be eligible for disability while working as long as the work activity is not considered substantial, which should be evaluated on a case-by-case basis. 

Hesitation in filing an application for Disability Insurance Benefits can, and often does, result in the loss of monetary benefits and the delay of medical benefits.  At best, monetary or money benefits can be paid back one year from the date the application is filed.  An individual who waits more than a year after stopping or reducing work activity to file an application has already lost money benefits.  Another incentive to file an application as soon as possible is that medical (Medicare) coverage begins 29 months from the date of disability, which can be a very long wait for an individual with significant health problems.

 The loss of benefits resulting from hesitation in filing an application for Supplemental Security Income (or “SSI”) is even more profound.  Monetary benefits under the SSI program are payable, at best, from the first full month after an application is filed.  This means that an SSI applicant begins to lose benefits every month he/she is disabled and fails to file an application.  There is no provision for retroactive benefits or “backpay” under the SSI program.  The good news is that medical benefits begin immediately upon a determination of disability. 

In addition to a Will, which was discussed in my prior blog, most people need other important estate planning documents in place during their lifetime.  A Durable Power of Attorney is a legal document in which a person designates another person, known as an attorney-in-fact, to handle and manage their financial affairs in the event they become incapacitated or incompetent during their lifetime.  A person can become incapacitated or incompetent due to a number of reasons including but not limited to an accident, dementia or Alzheimer’s disease and incapacity could happen at any age not just the elderly.  A Health Care Surrogate and Directive is a legal document in which a person designates a health care surrogate to make health care decisions for that person if they become incapacitated or incompetent for any reason during their lifetime. A person can also give advanced directives as to their specific wishes on medical care/treatment.  What are the consequences if a person does not have these legal documents in place?  Well, it forces family members or in some case state agencies to pursue a guardianship over the person through the court system. Establishing a guardianship is expensive and time consuming.  The court oversees the guardianship until the person dies and the decisions made by the court may not match the wishes of the incompetent person.

The last important estate planning document is a Living Will.  A living will is a declaration made by a person stating their wishes regarding end of life and specifically declaring they do not wish to be kept alive on life support if they have a terminal illness, end-stage condition or in a persistent vegetative state.

Having these documents in place will assist family members having to make difficult decisions and will eliminate the need for court involvement in your personal life.

Whibbs & Stone's newest attorney, Richard H Turner III, being sworn in by the Honorable Gary Bergosh.