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Benefits Available to Injured Workers
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Medical Care
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Primary Care Physician who is authorized by the worker’s compensation insurance company to treat the injured employee for the initial injury and who may refer the injured employee to a specialist and for diagnostic tests.
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Specialist (such as orthopedist, neurologist, neurosurgeon, and other specialized provider) who is authorized by the workers' compensation insurance company to treat the patient upon referral from the primary care physician or, in some instances, as the designated primary care physician.
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Diagnostic Tests (such as an MRI, CAT scan, EKG, nerve conduction test, X-ray and other diagnostic tests) upon prescription from a primary care physician or specialist.
Under the workers' compensation system, medical benefits that are available include:
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Prescriptions (for medications or apparatus) that are issued by the primary care physician or the Specialist.
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Hospital Care (for surgery and other care) upon prescription from a primary care physician or specialist or due to emergency.
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Reimbursement of Mileage (and tolls incurred) to and from providers who are authorized for treatment by the workers' compensation insurance company and, in some instances, actual transportation to those providers.
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Emergency Care received at a hospital or other facility for the accident when treatment is pre-approved by the workers' compensation insurance company or when treatment it is not pre-approved because the emergency prevents the injured worker from having the time or ability to secure pre-authorization
Workers' Compensation
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Unauthorized Care:: Treatment rendered, and prescriptions and referrals issued by, primary care physicians or specialists who are not authorized for treatment by the workers' compensation insurance company are generally not payable by the worker’s compensation insurance company. However, in some instances the workers' compensation carrier can be held responsible for such care.
Let us help you get the medical care and attention that you need
HOURS & LOCATION
Location
1950 SW 27th Ave
Suite 200
Miami, FL 33145
Phone: (305) 442-1882
Fax: (305) 442-1883
After Regular Hours Call:
(305) 613-5752
Email: Armstrong@ArmLegal.com
Hours
Monday - Friday
8:30 am to 5:00 pm
Saturday
CLOSED
Sunday
CLOSED
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PERMANENT TOTAL DISABILITY BENEFITS are payable to the employee when the authorized primary care physician or specialist indicates that the injured employee has reached maximum medical improvement and has an impairment rating and 1) the primary care physician or specialist indicates that the Employee is permanently unable to work due to disability from the accident; or 2) The employee has searched for work for a sustained period of time and cannot find work within the employee’s physical and vocational limitations, or if jobs are not otherwise available for the employee within those physical and vocational limitations. If the employee otherwise qualifies, the employee will get 66 2/3% of the employee's pre-accident weekly wage (AWW) tax-free every two weeks until the employee is 75 years old, along with a cost of living supplement uplifted each year to age 62.
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IMPAIRMENT INCOME BENEFITS are payable to the employee when the authorized primary care physician or specialist indicates that the injured employee has reached overall maximum medical improvement and has an impairment rating. Employee would receive the equivalent of 75% of TTD payments for a period of weeks determined by a formula which multiplies his impairment rating by the number of weeks that apply to that particular rating. The impairment benefit is reduced to 50% of TTD payments per week for each week that the Employee earns wages at or above his pre-accident wage (AWW) under that formula.
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TEMPORARY TOTAL DISABILITY PAYMENTS are payable to the employee when the authorized primary care physician or specialist indicates that the injured employee is temporarily unable to work. If the employee otherwise qualifies, the employee will get 66 2/3% of the employee's pre-accident weekly wages (AWW) tax-free every two weeks.
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TEMPORARY PARTIAL DISABILITY PAYMENTS are payable to the employee when the authorized primary care physician or specialist indicates that the injured employee can only perform “light duty” or “sedentary” work. If the employee otherwise qualifies, and the employee does not work, the employee may receive 64% of the employee's pre-accident weekly wages (AWW) tax-free every two weeks. If the employee actually works with restrictions, the employee may receive a percentage of the difference between the pre-accident wages and post accident wages tax free every two weeks.
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CATASTROPHIC TEMPORARY TOTAL DISABILITY PAYMENTS are payable to the employee who has sustained the loss of an arm, leg, hand, or foot, has been rendered a paraplegic, paraparetic, quadriplegic, or quadriparetic, or has lost the sight of both eyes. If the employee otherwise qualifies, the employee will receive 80% of the employee's pre-accident wages (AWW) for a maximum of six months, instead of other compensation. After those six months, the employee can seek other compensation benefits.
Under the Workers' Compensation system, the disability benefits which are available include:
Disability Benefits
Let us help you get the disability benefits that are due
Death Benefits and Dependents Benefits
Let us help you get the death benefits and dependent benefits that are due
It is tragic when an injured worker passes away as a result of an on the job accident. When that happens, the Employer may be responsible to pay the following benefits under certain circumstances:
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DEPENDENT WAGE BENEFITS When the employee's death occurs, certain dependents of the injured worker may be entitled to bi-weekly dependent wage benefits. Those benefits can never be more than a combined total of 66 2/3% of the employee's pre-accident wages (AWW) and can never exceed $150,000.00. Dependents which may be able to get those wage benefits include:
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Spouse/Children: The spouse with a child or children of the deceased may receive a combined total of 66 2/3% of the pre-accident wage, with the spouse getting 50% and the child or children receiving the remaining 16 2/3%, unless the judge reassesses the percentages.
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Children Only: If there is no living spouse, each dependent child may receive 33 1/3% and the percentages may be readjusted downward for each child if there are more than three children.
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Other Dependents: Under certain circumstances, other dependent relatives such as siblings, parents, and grandchildren may also be able to recover benefits.
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The precise amount, if any, that may be due to a dependent, will depend upon the total number of dependents, their ages, their statutory priority, when the death occurs in relation to the accident and the circumstances of each case. You may consult with the law firm of Cesar A. Armstrong and Associates for a free consultation concerning these issues.
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MEDICAL AND AMBULANCE BILLS related to the accident incurred prior to the death, or during efforts to resuscitate the deceased may be payable under certain circumstances.
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FUNERAL EXPENSES not exceed $7,500 may be payable under certain circumstances.