Legal Question in Workers Comp in Florida

I had several injuries in a work accident in 2009. My doctor declared me M.M.I. on all but one, which required surgery, last year. I received 25 weeks of impairment payments, I got them immediately from the insurance company. I had the surgery and my doctor declared me M.M.I. for that injury in August, 2012. This time I did not receive any checks. I called my lawyer and asked them to petition for it. After almost 6 weeks, I finally got a check...from my lawyer and he had taken twenty percent out of it and it says it's for Temporary Partial Disability - which the insurance company denied. This all sounds fishy to me. I think I'm getting ripped off.

Asked on 10/17/12, 1:17 pm

2 Answers from Attorneys

Jane-Robin Wender Wender Law, P.A.

Aside from the fact that fees do have to be approved by the JCC, a 20% fee on the benefits is spot on correct.

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Answered on 10/17/12, 3:36 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

Sounds like you need to sit down and discuss the case with your attorney. Nothing fishy in what you described, but what is going to happen with your case is a concern. If you are MMI, all your lost wages will stop and unless you are permanently totally disabled, they wont start again.

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Answered on 10/18/12, 2:10 am

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