 You should always report an on-the-job injury as soon as possible, but sometimes it is impossible to report an injury immediately. Under Florida Worker’s Compensation law, you are required to report the injury within 30 days after the accident occurs. Be sure to make a note of the date, time, and the person to whom you reported your injury.
Unlike many other types of injury cases, a Worker’s Compensation case has a statute of limitations that extends based upon your treatment. As long as you are examined by an authorized medical provider once every 365 days, your case remains open. It is important to see an authorized worker’s compensation medical provider more often, such as once every six months, so that your time does not expire. Many other issues may also affect the statute of limitations on your worker’s compensation case. You should discuss the details of your case with and experienced attorney so that you know your rights and resources. Call Lancaster & Eure at (941) 365-7575 to schedule a free consultation!
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 After a workplace injury, many Florida workers are unable to fulfill the usual physical demands of their job. Some injured workers become, at least temporarily, unable to work at all. And with less work often comes a lower paycheck.
Florida Worker’s Compensation law provides for injured workers to receive lost wages benefits while they heal and get treatment. This coverage is separated into two major categories- Temporary Total Disability and Temporary Partial Disability. The type of temporary benefits that you qualify for depends on what the Worker’s Compensation doctor decides about your injury. Temporary Total Disability benefits are due when the doctor says that at this time, you are completely unable to work. Temporary partial benefits are due when the doctor states that you may return to work, but only as long as you follow certain restrictions. Doctors provide this information by filling out a form known as the DWC-25. A copy of this form is provided to you at the end of the doctor’s appointment. It is a 2-page form that can be one of the most important documents in your Worker’s Compensation case, so make sure you ask for a copy if the doctor doesn’t provide one to you! Following the restrictions in your DWC-25 is one of the most important things you can do for your Worker’s Compensation case. When you receive the DWC-25, be sure to give a copy of it to your employer. Your employer is required to follow the restrictions in the DWC-25. If they offer you work that fits within your doctor’s restrictions, then you should perform that work, even if it is not a task you normally do. On the other hand, you can- and should- refuse work that does not follow the restrictions set by your Worker’s Compensation doctor. Work restrictions and lost wages are a complicated area of the law- the attorneys at Lancaster & Eure are here to answer your questions and guide you through this process. Attorneys and staff members at Lancaster & Eure are dedicated to assisting our clients and truly value their sincere appreciation:
“I just wanted to say thank you to you and your phenomenal team. It's been a tough road and you all made it easier to bear with your knowledge and support. I would happily recommend you and the company to the community without a second thought. My family and just can’t say thank you enough for your dedication to my situation and case and am forever in your debt. Again thank you, thank you, thank you.”  The amazing members of L&E were successful in reaching our blood donation goal today! We thank the Big Red Bus for allowing us to be part of assisting with the lifesaving needs of our local hospitals and patients in our community.  SSA Not Affected by Potential Government Shutdown
We’re sure you’ve heard that the government may partially shut down on Friday, December 21. Because the Social Security Administration received its Fiscal Year 2019 appropriation in September 2018, any potential shutdown will not affect SSA. Your hearings will be conducted as scheduled, and all district and hearing offices will be open as usual, even if there is a government shutdown. We also want to clarify that the prototype states that will be instituting reconsideration on January 1, 2019 are California (Los Angeles North and Los Angeles West), Colorado, Louisiana, New Hampshire and New York. This means that for any case in which an initial denial is issued on or after January 1, 2019 in those states, the next level of appeal is to file a request for reconsideration, not a request for an ALJ hearing. Reconsideration is scheduled to be reinstituted in Pennsylvania on April 1, 2019. Alabama and Michigan are scheduled to start reconsideration on October 1, 2019; Missouri on January 1, 2020; and Alaska on March 1, 2020. Members of Lancaster & Eure began this festive holiday season by participating in SPARCC’s (Safe Place and Rape Crisis Center) annual holiday gift drive. This valuable organization serves survivors of domestic and sexual violence as well as actively engages in promoting social change through community awareness and education in an effort to prevent violence in the future. L&E appreciates this opportunity to bring a bit of joy and happiness to those in our community facing a difficult period in their lives during the holidays. https://www.sparcc.net/get-involved/involved/   As 2018 comes to a close and 2019 approaches, it is important to be aware of changes in Social Security amounts that will come into effect in 2019.
For SSI, the 2019 monthly maximum benefit amount will be $771, an increase from $750 in 2018. An eligible couple will have a monthly maximum amount of $1,157, up from the 2018 benefit limit. How are these new amounts calculated? Social Security determines these amounts based on their determination of how the Cost of Living has increased from the prior year. The Social Security Administration has published their increase for 2019 is 2.8 percent. This is the largest annual increase since 2011. For individuals applying for disability benefits, the Social Security Administration also states that an applicant must be unable to engage in “substantial gainful activity,” which is an annually set amount of monthly earnings calculated before taxes. For non-blind individuals, in 2019 the SGA amount will increase to $1,220 per month. The SSA determines this amount based on the annual changes in the National Average Wage Index, which go into effect January 1, 2019. The process of filing for Social Security disability benefits can be both complicated and confusing. Call the offices of Lancaster & Eure today at 941-365-7575 for a free consultation regarding your potential disability case. The days surrounding Thanksgiving is considered one of the busiest traffic times of the year. More people on the road means that there is a greater possibility for traffic accidents, and Lancaster & Eure recommends the following:
 Lancaster & Eure's 4th Quarter Employee Spotlight Award Recipient is Leah Elting. Leah began her career with L&E in April, 2017. During the past 1-1/2 years, Leah has proven herself to be a knowledgeable, conscientious legal assistant providing guidance to clients. Won practice area. ] Leah always displays a pleasant demeanor even in challenging situations. Originally from Sacramento, CA, Leah began her career in law over thirty years ago, transitioning to Nashville, TN and then onto Bradenton, where she now resides with her husband. Lancaster & Eure values and recognizes Leah’s commitment to protecting our client’s rights and her ability to assist clients as they navigate through the legal process. ______________________________________________________________________________________________________________________________  What do you like most about your job?
The Challenge! What aspect of your position gives you the most personal satisfaction? My efforts. I try to do the best in everything I do, including my job. Who do you feel is the most influential person in your life… past or present? My parents. Tell us something that might surprise us about you. I love riding dirt bikes. How do you define success? Happiness. Where is the best place you’ve traveled and why? It’s a toss-up~ Redwoods in California for its serenity or Costa Maya, Mexico for its beauty! What are your favorite things to do? Camping, Boating & Jet skiing.  The Social Security Administration offers two different programs for people who cannot work for at least one year because of their medical conditions. The two programs are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The programs have a variety of different requirements in order for someone to be eligible.
For both programs, you need to prove the following:
The two programs have different requirements. For SSDI, you need to prove that you have worked and paid into the system for a sufficient amount of time depending upon your age. For SSI, you do not need a work history, but you must prove that your assets are low enough to qualify for assistance. In most cases, your initial application for disability will be denied. This happens to many individuals who have qualifying medical conditions. Speak with one of our experienced, professional attorneys today to determine if applying for disability is right for you. Call to schedule a free initial consultation at (941) 365-7575.
 Wishing everyone a Safe, Happy Halloween!
If you have been injured at work and have a workers’ compensation claim, your employer is legally entitled to choose which doctors treat you for your injuries. Your employer is also required to pay for these treatments, as well as the prescriptions or medical devices that your workers’ compensation doctor orders. But what if the doctor is not treating you properly, or if you want a second opinion? There is some good news: workers’ compensation law allows you the option to request a change in providers one single time during your case (Florida Statutes 440.13(2)(f)). But beware! There are limits to this option that you may not be aware of. First, the employer still gets to choose who your new doctor will be, as long as they respond to the request in a timely manner. Second, it is important to remember that this option is only available once in the entire pendency of your case. So it is important to wait until it is absolutely necessary before using your one-time change. Some workers’ compensation adjusters may offer you to request a new doctor if you didn’t like your initial appointment with an assigned medical provider. But you limit your ability to seek other providers as your case develops if that change is requested at the beginning of your treatment. If you are not sure how to proceed with your medical treatment after an injury on the job, call the offices of Lancaster & Eure for a free consultation. We will advise you of your rights and explain the specifics of your treatment options.   Lancaster & Eure's 3rd Quarter Employee Spotlight Recipient is: Mary Jo Sheridan
Position: Word Processor Mary Jo joined Lancaster & Eure in September, 2009 and has been an essential member of the firm for almost 9 years. She is knowledgeable in all practice areas of law and readily accepts new assignments and challenges to her position. Mary Jo is reliable in completing her duties in a timely manner, demonstrating that she is truly a conscientious team member. Lancaster & Eure recognizes Mary Jo’s talent and commitment to our team of professionals and we honor her today for the integrity she brings to her position! _________________________________________________________________________________________________________________ What do you like most about your job? The location of my office is removed from interruption so I can focus on work and generate more documents/efilings. What motivates you to continue your career at Lancaster & Eure? The realities of life… mortgage payments, car payments and ultimately, retirement. What have been your major contributions to the firm this year in your job? I have always taken on whatever work assignments are required of my position with the goal of making our firm’s work product professional, accurate and do whatever is necessary to never miss a deadline. I strive to never make mistakes, but being human, it happens …and when it does, I figure out what went wrong, correct it and not let it happen again. What part of your position gives you the most personal satisfaction? Producing documents that are professional, accurate and in the end, help our clients. Who do you feel is the most influential person in your life… past or present? My Mom and Dad. Tell us something that might surprise us about you. In my younger days, spent a lot of time at Sears Point Raceway and got to drive on the track with the Owner. How do you define success? Happiness. Where is the best place you’ve traveled and why? Peaceful Little Gasparilla Island. What is your favorite thing to do? Relaxing on Little Gasparilla Island! Adventurers at Lancaster & Eure set out on a relaxing, late day kayak tour gliding over the pristine waters of Sarasota’s protected bay. Our tour included the majestic mangrove tunnels in search of wildlife and the relaxing sounds of nature. Members of L&E are fortunate to enjoy the scenic beauty accessible in our coastal Sarasota and Manatee counties.   Lancaster & Eure members participated in Red Nose Day 2018, the national fundraising campaign to end child poverty. Since its launch in 2015, Red Nose Day has supported programs in all 50 U.S. states, Puerto Rico, and 34 countries internationally. It has helped to fund numerous programs to ensure that children in need are safe, healthy and educated, which includes providing more than 32 million meals for hungry American children. We are proud of the commitment shown by L&E members involved in making this meaningful event a success! Members of Lancaster & Eure donned fancy hats for a pre-Kentucky Derby party in anticipation of the 144th running of the Kentucky Derby this weekend! Congratulations go out to Dina for being chosen our favorite Derby hat contest winner!  Lancaster & Eure Administrative Professionals were honored at a luncheon hosted by Sarasota County Bar Association at the Sarasota Yacht Club, which provided amazing views of Sarasota Bay and a perfect setting for the event. L&E recognizes and honors the important role of our staff members in assisting our clients and in meeting our clients’ needs and for this we are grateful.  Saturday was a perfect weather day for members of L&E to participate in the 2018 Southeastern Guide Dog Walkathon at Payne Park in Sarasota. This incredible organization enjoyed a great turnout. Lancaster & Eure is honored to support Southeastern Guide Dogs , as well be a part of this event in our community!   Cindy Hochstetler Position: File Clerk
Lancaster & Eure's 2nd Quarter Employee Spotlight Recipient is Cindy Hoschstetler. Cindy joined Lancaster & Eure in January, 2007 and has been an essential member of the firm for over 11 years. She has been flexible in job assignments, ranging from her day-to-day position as file clerk to assisting with restocking supplies as well as helping with office maintenance assignments when needed. Cindy goes above and beyond to make certain her job gets done! Cindy is recognized for her genuine sense of responsibility and commitment and we are grateful for her longstanding tenure here at Lancaster & Eure! _______________________________________________________________________________________________________________________ What do you like most about your job? I like that the firm provides health insurance to its members which is a great relief with rising health care costs. What motivates you to continue with your career at Lancaster & Eure? The employee perks are great, as are the firm members. What has been your major contribution to the firm this year in your job? Spending extra time covering the file room until the firm brought in another file clerk. What aspect of your position gives you the most personal satisfaction? Doing a good job keeping the files in order so the attorneys and legal assistants can give their best for our clients. Whom do you feel is the most influential person in your life past or present? Past: My grandfather took the time to teach me about nature and our responsibility to take care of the earth we live on. Tell us something that might surprise us about you. I like to write poems about my life. I call it “situation poetry” and have been doing this since I was a teenager. I write when I need to purge my thoughts. It is much cheaper than therapy and fun to read years later!  Under the current Worker’s Compensation law, F.S. 440.093(1), a mental injury such as depression or PTSD is not compensable unless it is accompanied by a physical injury that requires medical treatment. This means that for many first responders, such as police officers and firefighters, a traumatic event will not be covered if the only injury is psychological, regardless of how severe the psychological injury may be. Many first responders have suffered from depression, anxiety, and PTSD as a result of the experiences they have had on the job. In light of recent events, such as the Orlando Pulse nightclub shooting, it has become evident that arriving upon a horrific emergency scene can cause debilitating psychological effects. However a new law has been proposed that would allow first responders to qualify for workers compensation coverage for mental and nervous injuries. 2018 SB 376, which amends the existing worker’s compensation law, would ensure that first responders who are psychologically traumatized due to an event occurring on the job can receive covered treatment and lost wage benefits, even if their injury does not include physical damage. The proposed law has been approved by both the Florida House and Senate, and now only awaits the signature of Governor Rick Scott. On March 7, 2018, Gov. Scott stated that he would sign the bill.
Lancaster & Eure members participated in a relaxing, yet invigorating night of Yoga at the Ringling Museum. After enjoying a peaceful mind and body experience, the museum and grounds of the Ringling Museum were open to explore during Art after 5. The Ringling Museum is truly a treasure in our local Sarasota/Bradenton Communities!   Members of Lancaster & Eure were pleased to again be a part of the Glitz at the Ritz-Carlton extravaganza honoring Carolyn Michael and Howard Millman as this year’s 2018 Schoenbaum Humanitarian Award Honorees. L&E recognizes the vital role the Salvation Army provides in our local community and is a proud supporter of its mission.  Attorney Eric Christiansen has recently received significant, favorable decision on behalf of his client in a Workers’ Compensation Case. In A.H. v. Beall’s Distribution Center/Sedgwick, the employer and its workers' compensation administrator refused to pay lost wage benefits due to an injured worker who was often unable to complete her normal work hours because of medical appointments occurring during the work week, as well as chronic pain resulting from significant injuries that required four separate shoulder surgeries. The employer and its workers' compensation administrator also refused to increase the injured workers’ average weekly wage (used for lost wage benefit calculations) to include discontinued employer contributions toward health insurance, even though the Florida Workers’ Compensation Law requires such an increase to be made when employer contributions for health insurance stop post-accident. After months of litigation, including several depositions, Attorney Christiansen represented the injured worker in a Final Hearing held before the Judge of Compensation Claims. The Judge of Compensation Claims entered an order fully favorable to the injured worker, awarding lost wage benefits, penalties and interest, and an increase in average weekly wage. Employers and their workers' compensation administrators often refuse to pay benefits that are due under the Florida Workers' Compensation Law. This is what the Attorneys at Lancaster & Eure do for our clients, and this is what we can do for you. Know your rights! If your workers' compensation benefits have been denied in part or in full, call Lancaster & Eure to schedule a free consultation with one of our experienced, professional attorneys. Contact us today at (941) 365 7575.  |
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