Tag: personal injury

Injured at Work: What Now?

July 19th, 2012 · · disability, Florida law, insurance, Medicare, personal injury, worker's compensation No comments - Tags: , , , , , , , , , , , ,
Dan Smith, Esq

Dan Smith, ligitation attorney

I was recently browsing the many discussion forums online about how Worker’s Compensation and Social Security Disability Insurance are related to each other, along with general questions about Worker’s Compensation. So, instead of letting these questions go unanswered, I figured I could explain some of them here.

The first major question was “How long until I receive my first Worker’s Compensation Check and how much will it be for?” Well, the truth is, it depends on the individual case. If it was simple, and you got immediate approval, you would start receiving payments after a 14-day processing period. But, generally, this is not the case. Many problems can arise while processing your claim, whether it is with your employer or their worker’s compensation insurance company. According to Florida law, if you are injured on the job, you should be eligible to receive between 66 and 80 percent of your average weekly wage.

Something that seemed to confuse a lot of people was whether or not you are responsible for your medical bills. The answer is no. All medical bills should be filed directly with your employers’ worker’s compensation insurance. However, if you choose a lump-sum settlement, the responsibility of your medical bills returns to you, even if your condition worsens after the settlement has been made.

Another question claimants seem to have was, “does my employer have any right to ask my doctor the duration that I will be out of work?” Unfortunately, the answer to this question is yes. When you file a worker’s compensation claim, you are essentially giving up any right to privacy about medical care. The insurance company will also be the one to choose your doctor, and therefore has a say in your course of care. The Florida Worker’s compensation program provides a minimum requirement of care that insurance companies have to carry out. Their goal is not to get you well; it is to comply with the law. However, your employer cannot legally put pressure on you to return to work before your situation calls for it. In relation to this, your employer cannot fire you, or pressure you to resign while you are recovering from injuries sustained on the job.

Many other injured workers want to know if they are eligible for any other benefits while on worker’s compensation. You can definitely apply for Social Security Disability Insurance while receiving worker’s compensation. However, according to the SSA, you can only receive up to 80% of your average weekly wages, so your social security payment would be adjusted based on how much you are receiving through worker’s compensation.

What about Unemployment Benefits? If you are filing a claim for Worker’s Compensation, you do not qualify for Unemployment. Unemployment benefits are for those who have the full capabilities to work, but can’t find a job. If you are filing or collecting worker’s compensation, it is because an injury is preventing you from being able to do your job, so in theory you can’t work.

“What happens if the injury I sustained will permanently prevent me from returning to my previous job?” There are vocational retraining programs that can help you gain the skills that will enable you to find another suitable job, if your injuries are severe enough to keep you off the job permanently.

And finally, when is the right time to hire a lawyer, when filing a worker’s compensation claim? Legally, you do not need an attorney to handle a claim, but if things get confusing or overwhelming, the support from someone who is an expert on the process can help greatly. Also, if you feel like you’re being taken advantage of, or something doesn’t feel right, getting help from a professional will only make things easier.
If you’re injured at work, your new job is to focus on healing. To get assistance with a worker’s compensation claim, contact your experienced, Central Florida worker’s compensation attorneys at the Coye Law Firm.

 

 

The State of Assisted Living Facilities In Our State

June 7th, 2011 · · assisted living, current events, disability, Medicare, personal injury, wrongful death No comments - Tags: , , , , , , , ,

Dan E Smith - Personal Injury Attorney

The Sunshine State has long been a desirable locale for retirees. People come from all over the country to settle in and spend their final years in Florida’s warm climate, beautiful scenery, and relaxing lifestyle. Many people initially purchase a home when they arrive, but after a few years might find that their capacity to care for themselves becomes increasingly limited. As their ability to care for themselves (or their spouse) diminishes, some people may choose to relocate to an assisted living facility to receive the daily medical and physical care that they need.

Florida was once the “gold standard” for assisted living facilities (ALFs), providing an example of the best care in the nation for our country’s senior citizens. So I was disturbed to hear recent news put forth by investigations conducted by the Miami Herald and Miami NPR station WLRN about the current state of care in our state’s ALFs. According to their findings, thousands of our state’s senior citizens are at risk of serious neglect, abuse, and potentially wrongful death due to the “care” they may receive at certain sub-par ALFs around the state. Accusations range from prescription violations, to forceful restraint and physical abuse, to negligent supervision, to a gross lack of basic physical provisions – such as bathing, clean clothing and linens, and proper nutrition. The stunning and inexcusable list goes on and on.

With my areas of law practice involving topics sensitive to the needs of our senior citizens, this issue is near to my heart and makes my blood boil. How can a family member be betrayed in such an appalling way by an establishment they have entrusted to care for a loved one? How can state agencies allow taxpayer money to continue funding places where a generation of US citizens known for their hard work and integrity are mistreated in such ways?

The reason I bring up taxpayer money is this: if these ALF residents are disabled and receiving Social Security Disability (SSD) from the state, that money may be used to help pay their living expenses. If these residents are over 65 and eligible for Medicaid, Medicare, and/or Supplemental Security Income (SSI) their expenses at an assisted living facility may be at least partially (but in some cases entirely) covered under their government assisted income. So, when these facilities are accepting government funding, how can their state of care be so abysmal? How could state regulated agencies not place priority on investigating the personal injuries or potentially wrongful deaths which occur at these locations? How can these facilities be allowed to continue? 

While the agencies are being run through the social and political gauntlet for improving their regulations and navigating the hot water they have gotten themselves into, the real underlying problem remains in the forefront of my mind: people are being hurt. People are suffering. And I want to do anything in my power to work against this fact. Florida §429.28, also known as the Assisted Living Facility Resident Bill of Rights, explicitly states that residents of these facilities are entitled to all rights guaranteed by law. Every ALF resident has the right to live in a safe and decent environment, free from abuse and neglect. Every ALF resident has the right to exercise civil liberties and to have access to adequate and appropriate health care. Every ALF resident has the right to present grievances and recommend changes in policies, procedures, and services to governing officials without restraint, coercion, or reprisal.

If you know someone who has suffered personal injury, or any violation of these rights, at an assisted living facility in the state of Florida, or if you suspect that a family member has suffered a wrongful death due to negligence or poor care while being housed in an assisted living facility, please seek justice immediately.

The Value of Parents

May 18th, 2011 · · current events, disability, insurance, personal injury, wrongful death No comments - Tags: , , , , , , ,

Dan Smith - Wrongful Death Attorney

How do you put a price on love? Unfortunately, sometimes in a legal situation this is what we are asked to do. If a family has suffered the loss of a father or mother of young children not only is the emotional cost to the family a devastation, but if the loss was due to an unexpected trauma such as medical malpractice, a car accident, or a personal injury the unforeseen consequences of the lost person’s investment of time to the family can take an even larger toll. The costs can be overwhelming for the spouse who’s left behind.

The modern image of the family has shifted since I was young. The ideas of a mother and father having separate roles in a family have begun to merge into a generalized idea of “parenting.” In today’s world, most people find a dual-income household basically necessary in order to get by. The extensive tasks and demands of raising children and managing a home are shared more and more by both mothers and fathers. Some couples still have the luxury of having one parent stay at home full time with the children, but even if both parents work, we may not realize how much the other person’s contribution means to the home until they are no longer there to make it.

Dads have always been as important to families as moms, but traditionally are considered the breadwinners – going out in the morning to work all day and “bring home the bacon.” But today’s world is different. The 2010 US Census data shows that the number of full time stay at home dads has increased 50% over the last decade, and the estimated number of dads who work or go to school part time, and stay at home with the kids as much (or more) than Mom are estimated to be 10 times higher than that. This new family model, according to a recent study by University of Texas at Austin, raises kids that are just as happy and healthy as their more traditional working-dad counterparts. Couples who choose to have Dad stay at home and Mom be the bread-winner are just as financially well off, successful, and happy – or even happier – and their numbers are expected to continue to grow. Whether it’s Mom or Dad who decides to dedicate their full time energy to the kids, or if the two team up to divide the responsibilities of careers and childrearing equally, how do you put a price on that happiness?

When a mother or father is lost in a terrible circumstance and the surviving spouse has contacted me to pursue litigation for some kind of compensation, the issue of the lost parent’s “worth” comes up in court. Usually, we call in a “vocational analyst” to discuss the value of the lost parent’s contribution. A parent’s work is never done: there is cleaning, cooking, homework help, shuttling around to activities, party planning, errand running, injury and illness care, bill-paying, yard-work … a list of daily necessities which were divided between two people and are now shifted onto one. (Not to mention if the kids were homeschooled!)

The vocational analyst will look at the lost parent’s time spent in each activity, compared with what the family would have to pay a professional to complete the same work. In recent years, analysts have tried to narrow down the “actual salary” of a full-time parent. This has proved unsuccessful, as each family situation is different, but a recent article on insure.com estimates a stay at home parent’s worth at $61,436 per year. MSN.com puts that number over double: $138,095 per year. The biggest factor of this – for which estimates and real costs can range from $20,000 to more than $70,000 annually depending on differing factors – is round-the-clock childcare. That’s no small potatoes, but neither is the work which is involved. You can use salary.com’s “Mom Salary Wizard” here to calculate the salary for a stay at home parent in your family.

Of course, we all know our parents are priceless – invaluable. And it might seem heartless to “put a number” on the value they bring to the lives of their families. But these articles made me stop to think: when a couple is buying life insurance, how much of a financial burden should they be prepared for to ease the surviving parent’s new situation? Not because the lost parent suddenly isn’t contributing an income, but because he or she suddenly isn’t doing everything else? As an attorney representing a surviving spouse suddenly faced with extreme loss and an emotional court case, it is my job to fight for them to the fullest extent of my abilities. This issue made me think about how much it costs a family – really costs them – if suddenly, one of the parents is gone.

Mother’s Day was recently celebrated on May 8th. And Father’s Day is coming up soon on June 19th. We should all take a moment from our busy lives and remember the true value that our parents, and all parents, bring to the lives of their loved ones. Not just in dollars and cents, but in incalculable love, time, and affection.