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Monthly Archives: January 2021

DrEval

You Cannot Choose Your Own Doctors to Treat Your Work Injury Unless Your Employer Leaves You No Other Choice

By David M. Benenfeld, P.A. |

If you get injured at work, you have a responsibility to notify your employer promptly of your injury.  Likewise, your employer must refer you to a doctor in a timely manner and have their workers’ compensation insurance pay for your treatment.  What do you do if your employer fails to initiate treatment, or if… Read More »

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WorkersComp

Does It Matter Which Injury Caused Your Symptoms If Both Injuries Were Work-Related?

By David M. Benenfeld, P.A. |

Sometimes employers interpret workers’ compensation laws as if they only apply to workers who were in perfect health before the accident and whose symptoms can only have one possible cause.  Your employer might look for any excuse to blame your symptoms on your age, your weight, or any aspect of your health history that… Read More »

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Nonprofit Organizations and Workers’ Compensation Insurance

By David M. Benenfeld, P.A. |

You might think that working for a nonprofit organization is the perfect escape from corporate America.  When it comes to workers’ compensation law, nonprofits are very similar to any other type of employer, regardless of business entity type.  Whether your employer is a corporation, an LLC, a nonprofit, or any other kind of business… Read More »

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WorkSafety2

Can You Still File a Lawsuit About a Dangerous Work Environment After Workers’ Compensation Pays Your Claim?

By David M. Benenfeld, P.A. |

The good news about filing a workers’ compensation claim is that you usually start receiving treatment quickly.  The bad news is almost everything else, at least from the perspective of the injured worker.  Your employer gets to choose your doctors, and workers’ compensation doctors are known for prioritizing the cheapest treatments over the most… Read More »

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85 Years of Workers’ Compensation Law in Florida: A Retrospective

By David M. Benenfeld, P.A. |

Dealing with the workers’ compensation system can be a major hassle.  Your employer chooses your physicians, while focusing more on the bottom line than on your long-term health.  If you happen to get a personal injury settlement for a third party that was involved in your accidental injury (such as the driver who collided… Read More »

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Workers’ Compensation Liens: Plenty of Room for Disagreement

By David M. Benenfeld, P.A. |

If you file a workers’ compensation claim and your employer pays for your treatment through its workers’ compensation insurance, you can’t file any lawsuits in relation to your work injury, right?  It’s not that simple.  If a third party (anyone except your employer) was responsible for causing the accident, you can still file a… Read More »

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DrEval2

What Happens If You Seek Treatment on Your Own Because the Workers’ Compensation System Kept You Waiting Too Long?

By David M. Benenfeld, P.A. |

Having health insurance that will pay for your treatment is nice, but all the bureaucratic red tape that goes with it is not.  Many employees choose the employer-provided health insurance option that gives them the greatest flexibility regarding which doctors they can visit, even if it costs more.  When you are sick or injured… Read More »

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When Independent Medical Examiners Disagree About the Main Contributing Cause of Your Work Injury

By David M. Benenfeld, P.A. |

These days, everyone thinks they are an expert on science and medicine.  In fact, that sibling or in-law who takes every opportunity to diagnose your aches and pains as something that can be cured by a nutritional supplement is probably one of the reasons you would be just as happy to skip the in-person… Read More »

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