Workers' compensation law in Florida is extremely complicated. The law underwent a drastic change in 1994, when benefits for injured workers were severely limited.

Now an injured worker is required to follow an insurance carrier's managed care plan in seeking medical treatment and choosing a doctor. The workers' compensation carrier legally has the right to choose your doctor for you under a list of approved managed care physicians.

If you choose a physician from the list provided to you by the workers' compensation carrier, and you become dissatisfied with the care you are receiving from that physician, you have only one opportunity to change physicians. But again, the physician you choose must be listed under the workers' compensation carrier's managed care list.

Unfortunately, many times the better physicians do not care to engage in workers' compensation medical treatment and physicians that choose to be listed under the managed care schedule sometimes are more favorable to the insurance company than to the claimant.

The attorney for an injured worker is also limited in what he or she can accomplished for you. However, an attorney representing an injured worker is able, in most instances, to obtain a one time independent medical evaluation with a physician of the attorney's choice. The attorney is able to choose a physician that may not be listed in the managed care schedule. Many times, the evaluation from the independent medical evaluating physician is much different than from the treating physician.

For workers who are catastrophically injured, the law states that if an injured worker qualifies under the Social Security Disability Administration's definition of permanent and total disability, then the injured worker will undoubtedly, although not in all instances, be found permanently and totally disabled under Florida's workers' compensation law.

In determining whether an injured worker's physical condition restricts he or she from engaging in substantial gainful employment, the Social Security Administration follows a process called the "Sequential Evaluation." This five step process requires the Social Security Administration to determine the following:

1. Whether a claimant is working and whether such work is considered substantial gainful activity;
2. Whether a claimant suffers from a severe impairment;
3. Whether such impairment meets or equals a listed impairment.
4. Whether a claimant's impairment prevents such person from performing his or her past relevant work; and
5. Whether such impairment prevents a claimant from performing any other type of work.

Anyone that is injured on the job should consider hiring an attorney qualified in the area of workers' compensation and Social Security. The law of workers' compensation requires special knowledge and experience.

The attorneys and staff at Legler & Flynn are highly experienced in Social Security Law and Practice as well as all aspects of Employment and Workers' Compensation Law. All workers' compensation clients are offered full assistance with their Social Security disability claim at all levels of the administrative appeal, from the initial application through the Appeals Council review, if necessary.  

When it comes to questions concerning Worker’s Compensation Law, you can count on the legal expertise of Legler & Flynn.