Benefits You May Not Know About in Workers Compensation
The workers’ compensation law is unlike civil lawsuits in many respects. Generally, an injured worker is only entitled to two types of benefits – medical care and lost wages. Yet I’m frequently reminded that most injured workers are not advised of all of the benefits available to them. So, let’s look at a few benefits that you may not know about.
Did you know the insurance company can NOT direct the injured worker to a pharmacy? By law, the claimant is entitled to fill prescriptions at any pharmacy of choice. This may not sound like a big deal but this legal right allows the injured worker to utilize a mail-in pharmacy that will ensure provision of prescriptions within 24 hours regardless of the insurance company authorization. For those injured workers that have experienced delays in obtaining prescriptions because the carrier didn’t authorize the pharmacy, the opportunity to utilize the mail-in pharmacy is a tremendous benefit. At The Law Offices of Nicole Hessen, P.A. we have a working relationship with this pharmacy and can answer any questions about getting your prescriptions filled without delay.
Did you know the insurance company must reimburse you for mileage to and from ALL authorized medical appointments, including physical therapy visits, MRI facilities and even pharmacy visits (if you still wish to go live). Further, there are many instances that will allow the injured worker to request the insurance company provide transportation (as well as translation, if necessary) to all medical appointments. If the insurance company has accepted the claim, it has a duty to provide reasonable and appropriate medical care, including the cost of transportation.
Did you know an injured worker can apply for and receive unemployment benefits while also requesting lost wages from the insurance company? If the injured worker has been given restrictions and is unable to find work within those restrictions, it is possible to request unemployment and lost wages at the same time. If unemployment pays benefits, the insurance company would be able to offset the amount of lost wages it must pay.
Did you know it is possible you claim can be revived even if the statute of limitations has run? In Florida, the statute of limitations runs two (2) years from the accident unless you continue to get benefits paid by the insurance company, at which point, the statute will run if you fail to get benefits for one year. It is a confusing area of the law but one that is extremely important to know because the statute of limitations closes your case forever. However, there is a legal principle called ‘estoppel’ that sometimes will allow your claim to be revived even if the statute of limitations has run. Again, this is a technical area of the law but the attorneys at The Law Offices of Nicole Hessen, P.A. ONLY handle workers’ compensation claims. If you have any questions concerning your rights, don’t hesitate to call and speak with Nicole Hessen. We can be reached at 561-246-6666 or by email.