Chad Motes, PA
8660 College Pkwy, Suite 60
Fort Myers, FL 33919
1 (866) 836-3388

WORKERS COMPENSATION
Key words and Terms

    • Accident: Unexpected or unusual event or result, happening suddenly
    • Course and scope of employment: The duties of employment and description of a job, the time and place in which the job is authorized by the employer to be performed. 
    • Causation: The cause & effect relationship between an accident and an injury and disability.
    • Average Weekly Wage: The average weekly earnings of an employee before the date of injury.
    • Benefits: Medical services and lost wage payments payable under coverage of workers’ compensation insurance. 
    • STATUTE OF LIMITATIONS: A time limit for workers’ compensation coverage.  The time limit is two years from the date of the accident.  After two years, the limit is one additional year, which is extended each time the insurance company provides authorized medical treatment or pays lost wages.  

 

IN CASE OF WORKERS’ COMPENSATION ACCIDENT

    • Report any accident and injury to your employer immediately.  Failure to report the accident and injury within 30 days may bar you from coverage under workers’ compensation.  There are some exceptions.
    • If you need medical treatment ask your employer to send you to the emergency room or send you to a doctor authorized by workers’ compensation.  Comply with you doctor’s orders for treatment.
    • If the doctor restricts your ability to work totally or partially, get the restriction  from the doctor in writing, give a copy to your employer and keep a copy for your records.
    • If your employer offers to bring you back to work in a modified job, you should attempt to do the job offered.  If you attempt the job but can’t do it, return to your doctor to advise him of the problems you are having.  Keep the doctor on your side by showing that you are trying your best to recover and get back to work.   
    • If you are fired by your employer, you may be eligible for unemployment compensation.  It can’t hurt to apply for those benefits. 
    • If you employer fires you, coerces you, or intimidates you because you were injured on the job, you may be able to sue the employer for damages for wrongful termination. 
    • When you complete your treatment, you may be able to obtain a lump sum payment to release the insurance company from further liability.  This is also called a “settlement”.  Such settlements are voluntary and are negotiated by the insurance company and the claimant. 
    • If your doctor certifies you are not able to perform a sedentary job on a full time basis when you complete your treatment, you may qualify for permanent total disability.  You could receive disability pay to age 75, or longer.


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