Answering Common Questions About Negligence and Injuries Sustained in Florida
Come get your personal injury and accident questions answered on topics including motorcycle accidents, automobile accidents, disability insurance, and workers’ compensation matters. We handle cases throughout Florida concentrating on the greater Central and North Florida area, and we have the in-depth answers you need.
- Page 6
Can I get workers' comp if I suffered a fall on the job?
A slip and fall accident can cause minor bumps and bruises, or it can mean the loss of months of work as a victim recovers. As these are some of the most common accidents that happen in the workplace, it makes sense that slip and fall injuries are covered by workers compensation.
Unfortunately, some employees may file for benefits only to be denied based on exceptions in the workers’ compensation law.
When Will Workers' Compensation Cover a Slip or Fall Injury?
In most cases, any injury sustained by an employee while he or she was doing a work-related task will qualify for workers’ compensation. In addition, any conditions that arise from a work-related injury, such as depression, will be covered under workers’ compensation.
However, an employer is allowed to deny benefits for an injury sustained during:
- Horseplay. Workers’ comp is a form of no-fault insurance, so employees can still get benefits if they're partly at fault. However, any injury involving horseplay—such as having a race around a warehouse—is not automatically covered by workers’ compensation.
- Intoxication. If you're under the influence of drugs or alcohol at the time of your injury, your employer may not be liable for covering the costs of the accident.
- Commuting. Most injuries incurred while going to or coming from work aren't covered by workers' compensation, but there are a few exceptions. For example, injuries that occur on a business trip or during a work-related errand may be covered, as are slip-and-falls that occur in the company parking lot as you leave or arrive for work.
- Breaks. In most cases, injuries that occur on lunch breaks aren't covered. But if you slipped in the company cafeteria or were picking up lunch for several other people, you may be able to collect benefits.
You'll likely be able to collect compensation if you can prove that your injury occurred as a result of a work-related activity. The attorneys at Johnson & Gilbert, P.A. can listen to the details of your case and investigate the connection between your injury and your employment.
Contact us today by filling out the quick contact form on this page, or order your free copy of our book, It’s Not Rocket Science, It’s Workers’ Comp, to learn more about your employee rights.
How are Social Security disability benefits paid?
If you're one of thousands of people waiting for your Social Security (SS) disability benefits to be approved, you may be wondering how quickly you'll be paid after your application is accepted. While there's typically a wait time between approval and the first payment, claimants can get their benefits a little faster now that the United States Treasury Department pays federal benefits through electronic deposit.
Claimants Are Required to Receive Social Security Disability Benefits Electronically
In the past, beneficiaries received paper benefit checks in the mail or picked them up at the nearest SS office. As of 2013, federal law requires anyone who receives government benefits, including SS disability benefits, to accept payments electronically through direct deposit to a financial institution.
The implementation of direct deposit is faster, safer, and more convenient for claimants, as claimants’ payments go directly to a bank account,
credit union account, or a prepaid credit card each month.
While direct deposit is required in most circumstances, there are some instances where beneficiaries may be able to receive paper checks. These exceptions are rarely granted, and must be requested by completing an official waiver from the Social Security Administration.
You may be able to receive paper checks for your benefits if you:
- Live in a remote area where banking institutions don't offer adequate direct deposit payment options.
- Have a mental impairment that prohibits or complicates the switch from a current paper check method to direct deposit.
- Were born before May 1, 1921.
In making a request for paper checks, you'll need to provide information as to why you're requesting the waiver and an explanation of why receiving benefits through direct deposit would cause undue hardship. However, if you don't meet the qualifications above, it's unlikely the waiver will be granted.
The Social Security Disability program is often overrun with applications, and it can often take a year or more for benefit requests to be approved. If you're having trouble getting your rightful benefits, our experienced lawyers can intervene and take over the fight on your behalf. Call us today or fill out the form on this page to set up your consultation with a Social Security attorney.
Can I be fired while receiving workers' compensation benefits in Florida?
Many employees discover their services are no longer needed shortly after they file for workers’ compensation. Many claimants are simply not able to work after an on-the-job injury, and employers may not have the resources to keep the worker on as an employee.
While it's not illegal for someone who collects workers’ compensation to be fired or laid off, it's illegal if the termination is a direct result from the claim itself, since this would be considered retaliation.
Florida Workers' Compensation Laws Protect Employees from Retaliation
Workers who are injured on the job rely on workers’ compensation benefits for their short-term injury costs, but most are hoping to return to work as soon as they are able. Unfortunately, employers may consider an employee’s recovery period as a convenient time to terminate the worker, since the employee is often too busy with the injury to fight the decision.
If you were terminated while out on workers’ comp, you may be wondering:
- Do I get to keep my job? Florida's Workers' Compensation Laws don't require an employer to “hold” a worker’s job while he or she recovers from a workplace injury. However, these laws do prohibit an employer from terminating an injured worker if the action is retaliation for filing the workers' compensation claim.
- Do I get to keep my benefits after termination? In most cases, an employer’s insurer is still responsible for paying temporary partial disability or temporary total disability benefits to an injured employee even if the employee is terminated.
- If I caused the accident, can my benefits be terminated? Employees are entitled to workers’ compensation benefits even if their own actions were partly or solely to blame for their injuries.
If you believe you were terminated because you filed a workers’ compensation claim, you should speak to an attorney as soon as possible. The attorneys at Johnson & Gilbert, P.A. can investigate the connection between your filing a claim and your termination, allowing you to get the fair treatment you deserve.
Contact us today by filling out the quick contact form on this page, or order your free copy of our book, It’s Not Rocket Science, It’s Workers’ Comp, to learn more about your employee rights.
Can I sue if I was injured in an ATV accident in Florida?
Accidents involving recreational vehicles differ from car accidents, even when they involve other cars. The victim may have more severe injuries due to the lack of protection in an ATV accident, and the victim may be found liable if he or she was riding in an area where that type of vehicle is restricted.
If the rider wasn't following Florida road rules pertaining to ATV operation, he or she can be found negligent, and may not be eligible for injury compensation.
With that in mind, it's important to know where and when operators of off-road vehicles may ride.
Florida Laws on the Use of ATVs and Other Off-Road Vehicles
Just as there are Florida laws regarding different types of motorcycles, the state also has regulations on operation of the many types of off-road vehicles, including:
- All-terrain vehicle (ATV). Florida classifies an ATV as any motorized off-highway vehicle that travels on three or more tires and is designed for use by a single operator or a single operator and one passenger. In Florida, an ATV may be operated on a public roadway only during the day, if the roadway is unpaved, and the posted speed limit is less than 35 mph.
- Recreational off-highway vehicle (ROV). Florida law considers an ROV to be a motorized recreational off-highway vehicle under 60 inches in width that travels on four or more non-highway tires, and has non-straddle seating and a steering wheel, such as a motorized go-kart. Like ATVs, these vehicles are forbidden to ride on public streets or highway unless it's during the day on an unpaved road with a speed limit less than 35 mph.
- Off-highway motorcycle (OHM). An OHM similarly can only be ridden on public roads on an unpaved road with a speed limit less than 35 mph during daylight hours. These vehicles are motorized bikes with a seat or saddle for the rider and travel with not more than two wheels in contact with the ground. It's also illegal to carry a passenger on am OHM unless the vehicle has been specifically designed by the manufacturer to carry both an operator and a single passenger.
- Low-speed vehicles. Florida laws are more generous regarding the use of low-speed vehicles, which include four-wheeled electric vehicles with top speeds between 20–to– 25 mph. Low-speed vehicles may be operated only on roads where the posted speed limit is 35 mph or less. Operators of low-speed vehicles are required to carry a valid driver’s license and to register and insure their vehicles.
- Golf carts. Sporting or recreational golf carts may only be operated on public roads with a posted speed limit under 35 mph; roads that are specifically designated for golf cart use; or roads that are part of the State Park Road System (and only if the operator is over 14 years old).
We can help you determine who was at fault, whether defects in the ATV manufacturing or design led to the crash, and how much you could be owed for your injury. Contact the injury attorneys at Johnson & Gilbert, P.A. by filling out the quick contact form on this page and scheduling your free case evaluation.
How long must I wait for my Social Security disability hearing?
It can be extremely frustrating to wait for the approval of disability benefits that you desperately need. Unfortunately, the Social Security Administration (SSA) estimates that there are over a million people in the U.S. currently doing just that—and claimants in the state of Florida may be waiting between one-to-two years for a disability hearing date.
Why Does It Take So Long to Get a Disability Hearing?
Not only does it take many months to get a hearing, it may also take even longer to get a decision on a benefits case. Over half of all applications received by the SSA are initially denied, making the wait times even longer as applicants appeal the decision.
Some of the reasons claimants wait years for benefits include:
- Backlogs. The number of claims waiting for hearings varies from city to city, and may be higher in more densely-populated areas. For example, the average processing time in the Orlando office—which takes applications from field offices in Kissimmee, Lake Mary, Leesburg, and Ocala—is 16 months, compared to an average of 11 months in the Fort Myers office.
- Administration cutbacks. The SSA’s operating budget has decreased 10 percent since 2010, causing staffing problems that have added an average of 20 days of wait time per claim.
- Economic congestion. More people apply for disability in times of economic hardship. The SSA must determine which benefits applicants are not only disabled, but also are completely unable to work.
- Changes in the process. In 2017, SSA implemented new rules intended to streamline the claims process, including removing the special consideration given to a claimant’s treating physician. Relying solely on the opinion of a medical consultant who may only have reviewed a patient’s file can lead to more denials, which increases the backlog if the denials are appealed.
There are many things you can do while waiting for your court date, including preparing for your disability hearing for the best chance of success.
If you are having trouble getting your rightful Social Security benefits, our attorneys can intervene and take over the fight on your behalf. Call us today or fill out the form on this page to set up your consultation with a Social Security attorney.
What if injuries suffered on the job prevent me from returning to work?
Many workers injured on the job face a difficult choice: live on meager benefits or reenter to the workforce with a debilitating injury. A recent study from the Workers Compensation Research Institute found that as many as 18 percent of workers’ compensation claimants have not experienced a substantial return to work within one year of their accident—and many will never able to return to work in the same capacity as before their injuries.
Workers Are Under Pressure to Return to Work
Injured workers are often forced to return to work before their injuries are fully healed or before they're able to meet the demands of their jobs. These pressures can come from many sources, including:
- Your employer. Workers often return to work too early or even continue to work after an on-the-job injury because they fear retaliation from an employer. There are many laws that prohibit this practice, so if this is happening to you, you should speak to a workers' compensation attorney as quickly as possible.
- Company doctors. An employer’s doctor has considerable conflict of interest when treating someone who is injured at work. The doctor may be under pressure to clear an injured person for duty before the patient has fully recovered. If you're cleared by a company doctor but aren't ready to return to work, your best option is to seek a second opinion from another doctor who specializes in your specific injury.
- Your doctor. If your doctor says that you are fit for light duty, you're required to accept the position as long as it works with your limitations. If you refuse light-duty work, your workers' compensation benefits may be discontinued.
What Else Can I Do If I'm Unable to Work?
If you have been out of work or will be unable to earn a living for a year or more, you may qualify for Social Security disability or other benefit programs. Contact Johnson & Gilbert, P.A. today by filling out the quick contact form on this page to tell us more about your situation.
What is subrogation, and how does it affect my car accident case?
Subrogation is a legal procedure that usually happens “behind the scenes” in an accident claim. The most common claims that involve subrogation are those that require an insurer to provide uninsured or underinsured motorist (UM) benefits to an injury victim. Once the insurer has paid UM benefits to an insured driver to cover injuries, the insurer has the right to take the at-fault driver to court to get reimbursement for the amount the insurer has paid for the accident.
How Does Subrogation Impact a Victim in a Florida Crash Case?
Imagine you were injured in a car accident. Although Florida drivers are required to have insurance as part of the state’s no-fault system, the driver who caused the crash doesn't have enough insurance to cover the damages. You make a claim with your insurer under your UM coverage, which is used to make up the difference in your medical bills and accident costs.
Next, your UM insurance provider can subrogate the claim, legally suing the at-fault driver to recoup what it has paid for the accident. This claim is done without your active participation, but can involve you if you sue the at-fault driver as well.
Successful subrogation in a claim will depend on:
- Responsibility. Insurance companies can only subrogate other parties when their insured clients aren't at fault for the accident.
- Ability to pay. Many underinsured drivers don't have adequate coverage because of a lack of funds, making it not worth the effort to sue them. An insurer will have to consider whether the at-fault driver has the resources, income, or assets to pay if the lawsuit goes forward.
- Settlements. If you accepted payment under your UM policy and have been offered a settlement in your accident case against the at-fault motorist, you're required to inform your UM provider in writing. The UM insurer must then decide whether it will agree to the settlement—giving up the right of subrogation against the other driver—or pay the settlement amount and retain the right of subrogation against the at-fault driver. Other insurance sources that made payments in your claim, such as health insurance, MedPay, Medicare, or Medicaid, could also have a legal claim against any settlement you collect from the at-fault party.
If you're struggling after a car accident, the injury attorneys at Johnson & Gilbert, P.A. can provide the guidance you need during your injury recovery. Simply fill out the quick contact form on this page today to schedule your free case evaluation.
When can my child ride on a motorcycle with me in Florida?
While Florida has strict laws regulating when and where children can ride in cars, there are no minimum age requirements for when children may ride as motorcycle passengers.
However, there are still some restrictions on passengers to ensure that both the operator and passengers are riding safely.
Florida Motorcycle Laws for Children and Passengers
Many parents who ride motorcycles regularly impress the importance of safe riding onto their children, while others may be unaware of the level of risk when riding with a minor. Operators have been charged with traffic violations, or offenses such as endangering a minor, depending on the manner in which they were riding.
Florida laws and safe riding practices suggest the following guidelines for riders with passengers:
- Helmet use. Florida motorcycle helmet law allows riders over 21 the option of not wearing a helmet as long as the he or she carries at least $10,000 in medical insurance. But if a passenger is under 21, he or she is required to wear a helmet at all times.
- Type of motorcycle. Florida laws prohibit carrying a passenger on motorcycles that don't have a dedicated passenger seat and passenger footrests. The seat must be able to hold both the operator and passenger without changing the operator’s normal riding position. If the passenger’s feet cannot reach the foot pegs, this can compromise the balance of the bike, and the operator may have difficulty claiming compensation after an accident.
- Safety precautions. Children should wear the same protective gear that is recommended for bike operators, including helmets and eyewear. The bike should be properly balanced and adjusted to carry passengers, and the rider should know how to adjust his or her handling technique to compensate for the added weight. If your child is riding in a carrier that has been secured to the back seat of the bike, make sure that it has been installed according to the manufacturer’s directions and has been properly tested before your child’s first ride.
If you were involved in a motorcycle accident while riding with a minor, Johnson & Gilbert, P.A. can give you the guidance you need while you recover from your injuries. Simply fill out the quick contact form on this page today to schedule your free case evaluation.
Can I receive Social Security disability if I have had a limb amputated?
Amputation can be a harrowing experience for a patient. The loss of an arm, hand, leg, or foot could cause someone to be disabled for only a few months, while others can suffer a permanent inability earn a living.
While the Social Security Administration (SSA) has made amputation a qualifying condition for disability payment, the amputation itself is often not enough to get a benefit application approved.
Qualifying for Social Security Disability Benefits After Amputation
Many amputees are able to regain lost mobility with the help of prosthetics and other assistive devices, allowing them to perform some kind of employment. The only way to collect Social Security disability benefits for amputation is if the condition makes it impossible for the amputee to earn a regular income.
Amputees may qualify for benefits by meeting the Social Security Administration’s:
- Official impairment listing. Applicants will automatically be considered disabled if they've suffered the amputation of both hands; a hemipelvectomy or hip disarticulation; amputation of a lower extremity at or above the ankle with complications that make it impossible to use a prosthetic device to walk; or the amputation of one hand and one lower extremity at or above the ankle with the inability to walk unassisted.
- Other listings. While some people lose limbs due to accidents, others have limbs surgically removed because of disease complications. If your amputation was a result of diabetes, peripheral arterial disease (PAD), cancer, or a congenital disorder, your amputation may be covered under a different classification.
- Residual functional capacity (RFC). The SSA allows applicants to collect disability if their conditions have reduced the amount of work they can do. The SSA examines the person’s age, education, experience, past work history, and current physical abilities, and assigns a work rating called the RFC. If you're unable to perform the type of work you used to do, cannot perform sedentary work, or cannot be reasonably trained to adapt to new work, you could qualify for disability benefits under what’s called a medical-vocational allowance.
If you've been denied Social Security benefits, our attorneys can examine your claim and fight on your behalf to get your claim approved. Call us today or fill out the form on this page to set up your consultation with a Social Security attorney.
Can I Get Social Security Disability for Gender Dysphoria?
Gender dysphoria, also known as gender identity disorder or transgenderism, affects people whose biological sex and gender identity don't match.
Although some people with this condition often suffer severe emotional and mental effects, transgender people often meet with resistance when claiming disability benefits related to their gender identity.
Claiming Social Security Disability Benefits for the Effects of Gender Dysphoria
The Social Security Administration (SSA) relies on many sources for its evolving definitions of disability, one of which is the Americans with Disabilities Act of 1990. Under the ADA, gender identity disorders are only considered disabling if they stem from a physical impairment, while transvestism, transsexualism, or other sexual behavior disorders aren't considered disabilities.
While transgenderism in itself isn't a recognized disability, a person with the condition may have one or more other disorders that qualify for disability payment. As long as the conditions suffered make it difficult or impossible for a person to work for a period of one year or more, he or she should qualify for disability benefits.
Mental effects of gender dysphoria that may qualify for benefits include:
- Anxiety. Transgender people are often targeted or bullied, which can cause anxiety so severe that he or she is unable to leave the house. If he or she has been attacked, he or she may also suffer post-traumatic stress disorder (PTSD), a compensable condition under Social Security disability.
- Clinical depression. Many people suffer from long-term depression due to the experiences they have living and interacting with others as transgender individuals. Depression is a recognized disability because it can affect a person's ability to maintain employment.
- Mental illness. Some people may experience bipolar disorder or schizophrenia along with gender identity conflicts. In order to get benefits for these conditions, a person will need to supply evidence of diagnosis, ongoing treatment, the effects of the condition as well as the treatment (including medications); and demonstrate how the condition affects his or her residual functional capacity (RFC), one of the classifications used by the SSA to determine benefits eligibility.
If you've been denied your rightful Social Security benefits, our attorneys can examine your claim and fight on your behalf. Call us today or fill out the form on this page to set up your consultation with a Social Security attorney.