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Intentional Torts and Florida Workers’ Compensation Law

By David M. Benenfeld, P.A. |

One of the purposes of workers’ compensation laws is to eliminate a lot of legal red tape, so that workers can get necessary treatment for their work injuries in a timely manner.  In the case of relatively minor injuries, this works well for everyone; for most working people, an injury serious enough to require… Read More »

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Traumatic Injury Symptoms Can Have More Than One Major Contributing Cause

By David M. Benenfeld, P.A. |

The human body is complex, and all but the youngest and healthiest among us have symptoms that could be due to more than one cause.  This is especially true with traumatic injuries that cause intermittent pain for years afterward.  Does your back hurt today because of a work accident you suffered three years ago,… Read More »

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Can Your Employer Hold You Responsible for Part of the Cost of Your Treatment If You Have a Pre-Existing Condition?

By David M. Benenfeld, P.A. |

Florida, like many other states, is a comparative negligence state when it comes to car accidents.  Your car insurance company will take a detailed, recorded statement from you after a car accident to determine what percentage of the fault for the accident is attributable to you and what percent belongs to the other driver. … Read More »

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Implantable Medical Devices and Florida Workers’ Compensation Cases

By David M. Benenfeld, P.A. |

Implantable medical devices save lives and preserve people’s health and productivity.  You probably know someone whose health has been greatly improved because of a pacemaker, insulin pump, or hip or knee replacement.  By nature, implantable devices require long-term follow-up care, if only to check that they are still working properly and do not need… Read More »

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Employer Retaliation for Compensable, Work-Related Mental Illness

By David M. Benenfeld, P.A. |

The popular narrative on mental health is changing, but a lot of stigma continues to surround mental illness and caring for one’s mental health, especially in the workplace.  To make matters worse, the work environment is not exactly conducive to good mental health.  Demanding work schedules, lack of job security, workplace harassment, and antagonistic… Read More »

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FMLA and Your Workers’ Compensation Claim

By David M. Benenfeld, P.A. |

You have probably heard that the United States is one of the few high-income countries with no federally mandated paid maternity leave.  While some employers allow employees to take paid time off after the birth of a child, the only federal protection is the Family and Medical Leave Act of 1993 (FMLA).  FMLA allows… Read More »

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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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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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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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