Florida employers carry workers’ compensation insurance, which provides no-fault benefits to employees injured on the job. If you’ve suffered a work-related injury and filed a workers’ compensation claim, you might have to undergo a deposition.
The deposition is your oral testimony about your accident, injuries, medical care, and pain and suffering. Even though you’re not in court, you will be under oath. Your lawyer and the insurance company’s lawyer will ask you questions, and your answers will be recorded by a court reporter.
Common Mistakes in Worker’s Compensation Depositions
The job of the insurance companies’ lawyer is to save the company money, so the questions you are asked might be designed to minimize your injuries and dispute your claim. For this reason, it’s very important to prepare your deposition responses with your attorney and avoid making mistakes that could hurt your case. This includes:
Being dishonest about anything.
You are required to tell the truth, and lawyers are trained to know if you don’t. Any dishonesty could work against your claim, so you should be honest about everything, including details of the accident and any pre-existing conditions you might have. Do not exaggerate your injuries or your employer’s fault in your accident.
Giving information you are not sure of.
It is acceptable to say that you don’t know or don’t recall something if you don’t. Guessing or making up something can hurt your case, so you should give minimal, honest answers.
Getting angry or acting unprofessionally.
Even if a question upsets or offends you, you must remain calm and answer politely. Raising your voice or being sarcastic can hurt your credibility. The opposing attorney wants to see how credible you will be if your case goes to court. If you are a calm and credible witness, the insurance company is likely to settle your claim. If you’re not, the company might take its chances in court, where an unprofessional demeanor will work against you.
Undergoing the deposition without an attorney.
Preparing for the deposition and handling yourself properly is crucial to your claim. You don’t want to face the insurance company’s skilled and experienced lawyer(s) without one of your own.
Have You Been Injured At Your Florida Job?
If you've been hurt on the job in Florida you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.
[post_title] => Mistakes to Avoid in Your Workers’ Compensation Deposition
[post_excerpt] => Your deposition in a Florida workers’ comp case can help or hurt your claim. Preparing with an experienced lawyer for your deposition is critical for success.
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[post_content] => In our article about health insurance liens, we discussed what health insurance liens are, when they occur, and how they affect you after you are in a car accident or slip and fall. Though you now know the definition and the process of a health insurance lien, you may still be wondering if there is any way to avoid paying your insurance out of your settlement by choosing not to proceed with the case at all. In this blog post we’ll talk about the consequences of not responding to your health insurance once they issue a lien against your settlement.
What is Subrogation?
Let’s say you are in a car accident and you are quoted a modest settlement amount. You consider proceeding with the case until you are issued a health insurance lien against your case. Now you notice that the lien would take the majority of your payout. In this scenario, you might think that it isn’t worth it to proceed with the case because you will not receive much compensation once your health insurance takes their amount. Unfortunately, there are some down sides to this.
Your health insurance company has the right to file a case against the third party on your behalf. This is called subrogation and it falls under their right to reimbursement of injuries caused by third party accidents. If this happens, your insurance company would act in your place to file a case against the at fault driver and receive a large percentage of the final settlement.
Subrogation and You
If your insurance company decides to subrogate, they are required to notify and inform you of their proceedings, but you are not involved in the case on a large scale. This may be a positive for some people because less involvement means less headaches and paperwork, but it also means that you will probably get less of the settlement amount. This can be a complicated issue, so please make sure you speak to an attorney regarding this situation if it arises.
If you like what you’ve read here or if you found this information helpful, please go to AskAndyLegal.com and download more important information regarding injuries with accidents and share this article on Facebook, Twitter, or any other social media. Additionally, sign up for the Andy Alert Newsletter to receive monthly updates.
[post_title] => Can Health Insurance Get Paid From My Personal Injury Case?
[post_excerpt] => Health Insurance can put a "lien" on your Personal Injury case? What does that mean? See below...
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[post_content] => Every personal injury case settlement will involve a release of liability form (see my article on this topic) that must be signed in order for the agreed amount of compensation to be disbursed. Just like any other contract and form that you sign, the release form needs careful consideration and understanding before it is signed. Since it’s from the insurance company, it should be assumed that there might be a clause written in the form that will not be to your benefit, which is why it is important to discuss with an attorney before you sign the form to make sure you are not signing over any additional rights that are not necessary in the resolution of the case.
The release form includes all the important information about the case, including the settlement amount. Verify with your attorney that the correct amount is shown and that it is enough to cover your injuries and hardships related to the accident because once the insurance company receives the signed form, there is no way to re-open the case or receive any further compensation from them or the responsible party. With the release form, you are waiving your right to pursue any future claims regarding the current incident. But some forms might include a clause that releases other rights from you, such as health insurance claims. Seeking guidance from an attorney will ensure that the provisions in the release form are not going to negatively affect any future endeavors for you other than what is necessary to receive your settlement check.
If you have chosen to pursue a case against the responsible party on your own, their insurance company is going to be aware of this and try to reach a quick settlement with you for a lower amount. Once you sign the release form, you won’t be able to further negotiate for a higher amount, so make sure you are not rushing to sign it without making sure you are being properly compensated. If you choose to have an attorney represent you, they will make sure the amount you are agreeing to receive in the release form is the highest possible amount you can get. Too many times we’ve seen situations where a victim of an accident signs a release form without fully understanding what it says, and they are unable to mend the consequence because the release form keeps them from doing so.
At the Law Offices of Andrew G. Rosenberg, P.A, we have your best interest in mind and will help to ensure that you will not be signing anything that can cause further consequences in the future. We work to protect your rights to compensation and make sure that if a situation were to arise in the future regarding this personal injury matter, you are properly accounted for with the current settlement because once the release form is signed, nothing can be further pursued against the responsible party.
[post_title] => Careful What You Sign For
[post_excerpt] => Every personal injury case settlement will involve a release of liability form that must be signed. Be careful in this release to protect your interests...
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[post_content] => HOW YOUR SETTLEMENT IS DISBURSED......
So your attorney has reached a settlement and has received the check. Now what? Your attorney is required to provide you with a detailed accounting of the disbursement of your settlement funds. The accounting should indicate the initial settlement amount, amount paid to the attorney, and any expenses deducted from the settlement. It should also specify any bills or liens paid on your behalf by the attorney. For example, if the injuries resulted from a car accident case, the doctor who treated you may have a lien, or interest, in the settlement funds, and your attorney is ethically obligated to pay that bill before disbursing the remainder to you.
The attorney works off a contingency fee when they take on your case, which means their fees will come out of the settlement amount from the insurance company. They will take 33.33% if a lawsuit was not filed, but if your case needed litigation, the fee will be 40% of the settlement amount. Additionally, throughout your case, your attorney has paid several costs and expenses upfront regarding your case, such as invoices for a release of medical records, any liens from prior attorneys, and investigation costs that are necessary to pursue your case. A portion of your settlement will also go towards reimbursing your attorney for those expenses that were paid by them, not including their fees. After the fees are paid and expenses reimbursed, the remainder will pay your medical bills that were accumulated as a result of your injuries, and then what’s left will be sent to you by your attorney.
The following chart may help to show how the settlement is divided. Please note this is just an estimated example.
[post_title] => How Much Does My Attorney Get Paid In Personal Injury Cases?
[post_excerpt] => When I hire an attorney in Florida for a Personal Injury matter, how much does it cost me in the end? Do I have to pay for them up front? This should help....
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You’ve taken the first step toward your workplace injury recovery by getting medical care. Now, you may be wondering what you should do to protect your workers’ compensation claim and how long you have to take the required actions.
2 Important Florida Workers’ Comp Deadlines
As you begin the process of protecting your workers’ compensation benefits, it's important to know that you typically have:
30 days to report your injury to your employer.
Florida law allows for a few exceptions to this general rule. Specifically, the 30-day reporting rule may be extended if your employer had actual knowledge of your injury, the cause of the injury couldn't be identified without a medical opinion and you notified your employer within 30 days of receiving that medical opinion, your employer didn't put you on notice of the 30 day reporting requirement by posting that requirement, or exceptional circumstances exist that justify your failure to report the injury.
Two years to file a petition for workers’ compensation benefits.
This deadline may also be extended in certain circumstances. For example, you may have additional time to file your petition if you were hurt while as a minor or while you were mentally incompetent.
Whether or not an exception applies, you must always report your injury and file your petition before the deadline approaches. If you miss one of these deadlines, you might not be able to receive any workers’ compensation benefits at all.
Call a Workers’ Compensation Lawyer as Soon as Possible
While Florida statutes provide a time by which you must notify your employer and file a workers’ compensation petition, Florida law doesn't prevent you from contacting a workers’ compensation lawyer, notifying your employer, or filing a workers’ comp petition early.
Instead, there are benefits to contacting a workers’ comp attorney as soon as possible. Your lawyer can review your claim, can make sure your employer is notified, and file your workers’ compensation petition. The sooner all of this happens, the more available evidence there will be and the sooner you'll receive benefits.
Have You Been Injured At Your Florida Job?
If you've been hurt on the job in Florida you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.
[post_title] => 2 Critical Deadlines to Meet If You’ve Been Hurt at Work in Florida
[post_excerpt] => You have a limited amount of time to notify your employer of a workplace injury and to file a FL workers’ compensation claim. Here's what you should know.
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Florida employers carry workers’ compensation insurance, which provides no-fault benefits to employees injured on the job. If you’ve suffered a work-related injury and filed a workers’ compensation claim, you might have to undergo a deposition.
The deposition is your oral testimony about your accident, injuries, medical care, and pain and suffering. Even though you’re not in court, you will be under oath. Your lawyer and the insurance company’s lawyer will ask you questions, and your answers will be recorded by a court reporter.
Common Mistakes in Worker’s Compensation Depositions
The job of the insurance companies’ lawyer is to save the company money, so the questions you are asked might be designed to minimize your injuries and dispute your claim. For this reason, it’s very important to prepare your deposition responses with your attorney and avoid making mistakes that could hurt your case. This includes:
Being dishonest about anything.
You are required to tell the truth, and lawyers are trained to know if you don’t. Any dishonesty could work against your claim, so you should be honest about everything, including details of the accident and any pre-existing conditions you might have. Do not exaggerate your injuries or your employer’s fault in your accident.
Giving information you are not sure of.
It is acceptable to say that you don’t know or don’t recall something if you don’t. Guessing or making up something can hurt your case, so you should give minimal, honest answers.
Getting angry or acting unprofessionally.
Even if a question upsets or offends you, you must remain calm and answer politely. Raising your voice or being sarcastic can hurt your credibility. The opposing attorney wants to see how credible you will be if your case goes to court. If you are a calm and credible witness, the insurance company is likely to settle your claim. If you’re not, the company might take its chances in court, where an unprofessional demeanor will work against you.
Undergoing the deposition without an attorney.
Preparing for the deposition and handling yourself properly is crucial to your claim. You don’t want to face the insurance company’s skilled and experienced lawyer(s) without one of your own.
Have You Been Injured At Your Florida Job?
If you've been hurt on the job in Florida you need to speak with an experienced workers' compensation lawyer as soon as possible. Please contact us online or call our Coral Springs office directly at 954.755.7803 to schedule your free consultation. We proudly serve Florida residents including all of Fort Lauderdale, Boca Raton Miami-Dade County, Broward County, Palm Beach County and all points in between.
Your deposition in a Florida workers’ comp case can help or hurt your claim. Preparing with an experienced lawyer for your deposition is critical for success.
Every personal injury case settlement will involve a release of liability form that must be signed. Be careful in this release to protect your interests…
When I hire an attorney in Florida for a Personal Injury matter, how much does it cost me in the end? Do I have to pay for them up front? This should help….
You have a limited amount of time to notify your employer of a workplace injury and to file a FL workers’ compensation claim. Here’s what you should know.