Legal Question in Workers Comp in Florida

i was injured at work ,the doctor hired by workers comp. said that i was 3% disabled. my place of work is county school district cut me a check. my question is if "I CASH THIS CHECK ,AM I RELEASEING THEM FROM ANY FURTURE COMPLIACATION THAT I MIGHT HAVE IN THE FUTURE

Asked on 1/09/13, 4:19 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

It is likely for impairment income benefits, IIB's, and it is due based on your rating. You are not likely releasing future benefits. remember you must see a doctor every 52 weeks in order to keep your case open. If you let any 52 week period lapse without seeing a physician, you wont be able to see one again. This applies if your accident is over 2 years old. Any questions, see an attorney.

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Answered on 1/09/13, 5:47 am
Cory Schnepper Levine, Busch & Schnepper, P.A.

The check you got should be reviewed to see what is written or typed on it. Absent it saying anything about a settlement or release of any claims, cashing the check should not release your employer and the compensation carrier from what other obligations they still have with regard to your workers' compensation case. I would think the check will have on it some writing that says it is for the 3% impairment you talk about. This is called impairment income benefits, or abbreviated IIB's. Without knowing more, it is not possible to know if the check is in the right amount, or not, or what other benefits you may be entitled to because of your on the job injury. This would require a more in depth interview, which I would recommend you have with an expert in such cases. This workers' compensation attorney can advise you of these matters in detail, and any other rights you may still have under the law.

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Answered on 1/09/13, 12:52 pm

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