Legal Question in Workers Comp in Florida

Workmens comp.

I have an open case on a work related knee injury. Knee never got back to right,which hinders me in all aspects of my life now. I wished to go back to physical therapy with hopes more could be done there. My new claims adjuster on this informed me of a settlement aspect that i was not aware of or told before she did indicate that unfortunately they could not pay for pain & suffering. What i am wondering now is: i have a claim in for ssi & disability on my panic/anxiety disorder - denied through 2 parts already and lastly will the hearing. During the reconsideration part some add'tl paperwork had a part of do you use a cane/walker, etc - to which i did list a knee brace - as i do at times when needed. This was questioned by the new person who was going thru my info on the reconsideration. So the knee is now listed in my disabilty claim but not as the main claim - if i were to settle with wc would this hinder the knee being used as part of a disability claim?


Asked on 6/30/07, 2:14 pm

2 Answers from Attorneys
Mark Zientz Law Offices of Mark L. Zientz, P.A.

Re: Workmens comp.

You don't mention if you are being represented by counsel in either the WC or the SSI/SSDI claims. You also don't mention the date of your accident, if you are at MMI, or if you have gone back to any kind of work. If you are trying to handle these matters yourself with the help of Lawguru, you are not getting the best legal help that is out there for you. I suggest you start with consulting a Florida Bar Board Certified Workers' Compensation lawyer. Find one at the Fla Bar website or use the yellow pages directory. Good luck.

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Answered on 6/30/07, 4:45 pm
Nicole Hessen Rosenthal, Levy & Simon, P.A.

Re: Workmens comp.

You are correct pain and suffering is not considered in either SSD or W/C. Your knee injury should be considered in your SSD claim along with the psychiatric component. As for the potential w/c settlement, depending on the amount there may be a need for a Meidcare Set Aside and there is a chance that if you qualify for SSD that your benefits will have an offset based on the settlement with w/c. These matters do get confusing so you may want to consult a lawyer in your area to help you if you do not have one already on both cases-on the w/c case if for nothing less than to get an idea of value of the claim. If you do settle your w/c claim make sure you keep a complete copy of the settlement documents as the Social Security Administration will want a copy of them.

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Answered on 7/01/07, 9:16 am


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