Miami, FL—If an individual who is covered by workers’ compensation insurance suffered a heatstroke while working and had to seek medical treatment, the care rendered should be covered by their employer’s insurer. 

What can cause a heatstroke?

A heatstroke can happen when a person’s body overheats. This is generally caused by “prolonged exposure to or physical exertion in high temperatures.”¹ Employees who are required to work outdoors or perform strenuous tasks are at a higher risk of suffering a heat stroke, especially if they aren’t staying hydrated and taking time to rest. While it is more common for a worker to suffer a heatstroke during the summer months, a person’s body can overheat during any time of year when the right conditions are present.

If an employee suffers a heatstroke, they do require emergency medical treatment, according to the Mayo Clinic. While some heatstroke victims can be treated with fluids and rest, others may need to have additional types of treatment rendered. 

How can an employee get their medical care paid for after suffering a heat stroke?

If an employee suffered a heatstroke while working and sought medical attention, the care they had rendered should be covered by their employer’s insurer. Generally, in order to get the care paid for, an employee will need to notify the hospital or medical facility where treatment was rendered that they suffered an on-the-job injury. The medical staff will likely need the name of the individual’s employer along with other information so they know who to submit the medical bills to.

Once an employee’s employer receives notice of the injury, they should contact their insurer to ensure the medical care is paid for.

What if the insurer doesn’t want to pay?

If the insurance company denied care rendered to an injured worker, it may be because the carrier is missing information or has found one or more reasons to deny the claim. If the claim was denied because the insurer is missing information, the employee should provide the carrier with what they need so that the claim can be processed. If the claim was denied for an illegitimate reason, the employee should contact their employer or the insurer to try and get the issue resolved.

When to Call a Miami, FL Workers’ Compensation Lawyer

Employees who are unable to get their medical bills covered or obtain the wage replacement benefits they are entitled to should contact a Miami workers’ compensation attorney for help. Mario Trespalacios P.A offers legal services to those who are seeking workers’ comp benefits or are having a difficult time obtaining them. 

If an injured worker would like to discuss their concerns with an experienced workers’ compensation lawyer in Miami, FL, they can contact Mario Trespalacios P.A at 305-261-5800.

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

Source:

1. https://www.mayoclinic.org/diseases-conditions/heat-stroke/symptoms-causes/syc-20353581 

Miami, FL—Workers who seek medical attention for their injuries following a work-related accident should inform the medical professional rendering aid that they were harmed at work. This way, they shouldn’t have to pay for the care but instead, get their employer’s workers’ comp insurer to cover the care. When an employee suffers a work-related injury, their employer’s insurer is generally required to pay for their care so as long as the employee is covered by workers’ compensation.

So, what happens when the insurer doesn’t want to pay for the medical treatment an injured worker had rendered? What should they do in a situation like this?

If an injured worker has received bills from the medical provider from which they sought care from, they will either need to speak with their employer about it or contact their employer’s insurer. Most employees in the State of Florida are covered by workers’ comp with the exception of a few which means the insurer should pay for their care.

In the event an injured worker is unsuccessful at getting the insurer to correct the mistake, their next step should be to consult with a Miami, FL workers’ compensation attorney. A workers’ comp lawyer can help an employee understand what their rights are and what they can do to get the insurer to comply. After the employee has exhausted all options, they may need to retain a workers’ comp attorney for help. 

Common Reasons Why Workers’ Comp Insurers Deny Medical Coverage

Workers’ compensation claims can be denied for a number of different reasons some of which include:

• The employee failed to notify their employer of the incident in a timely manner. The Florida Division of Workers’ Compensation says that workers should report their work-related accident to their employers no later than 30 days from the date the incident occurred. Those who fail to notify their employer within this timeframe risk having their claim denied.

• A lack of information. If the insurer doesn’t have enough information to support paying the claim, it will likely deny it.

• It was done in error. Those assigned to process claims sometimes make mistakes. If an employee finds that an error was made, they should notify the insurer so that it can be corrected. If the insurer refuses to correct the mistake and process the claim, a Miami workers’ compensation attorney may need to be contacted.

Mario Trespalacios P.A. is a workers’ compensation law firm that provides legal services to those seeking workers’ comp benefits or are unable to obtain them. The workers’ comp lawyers at this firm are here to help those who are unclear of how to file a workers’ comp claim or have had their claim denied. To connect with a legal expert who can answer questions or address workers’ comp-related concerns, simply call 305-261-5800.

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

Business owners in Miami are required to maintain their premises to ensure they are free from unsafe or hazardous conditions. If an unsafe condition exists, a business owner is expected to warn visitors so that it can be avoided. Any business owners who neglect to do this can sometimes be held accountable for a slip and fall accident that occurs on their property. 

How to Prove Liability in a Slip and Fall Case

If an individual slips and falls in a business establishment in Miami, Florida law requires that they prove the following¹:

• The “business establishment had actual or constructive knowledge of the dangerous condition and should have taken action to remedy it.” 

For example, if a business owner was aware that the stairs used to enter their property were defective and posed as a threat to visitors but failed to get them repaired, the owner could be held financially liable for a slip and fall victim’s injuries. A business establishment could also be held financially liable if the owner or operator wasn’t aware of an unsafe condition but should have been.

An individual can often prove an unsafe condition existed with photos, surveillance footage, repair estimates, etc., however, because certain types of evidence can be tricky to gain access to, a slip and fall accident victim should enlist the help of a lawyer to assist them with this.

How can a slip and fall accident victim prove a business establishment should have been aware of an unsafe condition?

According to Florida Statute § 768.0755, a person can prove a business establishment should have been aware of a dangerous condition by showing that”

1. “The dangerous condition existed for such a length of time that, in the exercise of ordinary care, the business establishment should have known of the condition.
2. “The condition occurred with regularity and was therefore foreseeable.”

Is it hard to prove liability in a slip and fall case?

Slip and fall cases, like all other types of personal injury cases, carry certain challenges. For instance, property owners and operators aren’t always quick to accept blame for a slip and fall incident. Instead, they may say it was the victim’s negligence that led to the incident occurring. In a situation like this, the victim will have to prove that they weren’t doing anything wrong at the time of the incident but instead, it was the property owner’s negligence that caused their fall.   

Get Connected with a Miami, FL Personal Injury Attorney Who Can Help

If an individual recently fell on someone else’s property and would like to find out if they are entitled to compensation for their injuries, they can contact Mario Trespalacios P.A. for a free consultation. A personal injury attorney at this firm will help an individual understand their legal rights as well as what forms of action they can take to get them the money they deserve.

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

Source:

1. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.0755.html 

If an injured worker has been sent back to work on light duty and they are finding that they are still experiencing pain, they should communicate this with their physician so that their condition can be re-assessed. After the employee has been re-evaluated, their physician can either¹:

• Take them out of work.
• Change their work restrictions.
• Leave their work status unchanged.

Generally, once an employee has been released back to work by their doctor on light duty, their employer should ensure the position meets the restrictions the doctor has set. For instance, if an employee is restricted from lifting heavy objects while being released on light duty, their employer should not have them perform any tasks that require heavy lifting.

In the event an employer does not have an available position for the injured worker that meets the physician’s restrictions, the injured worker may be able to continue receiving workers’ comp benefits. Employees should be aware, however, that they are generally only permitted to collect benefits for temporary total disability and temporary partial disability for a total of 104 weeks.²

When an Employer Doesn’t Have a Position that Meets an Injured Worker’s Light Duty Restrictions

If an employer does not have a position that meets an injured worker’s light duty restrictions and they have exhausted their workers’ comp benefits, they may qualify to receive reemployment services. These services aim to help workers who suffered on-the-job injuries return to work “when their work-related injury or illness prevents them from returning to their usual line of work.”³

In the event an employer doesn’t have an available position for an injured worker and they do not qualify to receive reemployment services, they may only be left with the following options:

1. Work the available position.
2. Seek new employment.
3. Consult with a Miami, FL workers’ comp lawyer to find out if they are still eligible to receive workers’ comp benefits.

Sometimes, injured workers are released back to work when they aren’t physically able to resume their duties. In the event they still qualify for workers’ comp benefits, an attorney can determine the steps that need to be taken so that the employee is able to spend more time recovering while still receiving wage replacement and medical benefits.

Connect with a Local Workers’ Compensation Attorney

In the event an injured worker has questions or concerns regarding returning to work on light duty, they can contact Mario Trespalacios P.A. to speak with an experienced workers’ comp lawyer. Mario Trespalacios P.A. offers free consultations to those who have been injured in a work-related accident and can be reached at 305-261-5800.

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

Sources:

1. https://www.myfloridacfo.com/division/wc/Employee/return.htm 
2. https://www.myfloridacfo.com/Division/WC/pdf/WC-System-Guide.pdf 
3. https://www.myfloridacfo.com/division/wc/employee/reemployment.htm 

Brooklyn, NY – Courts use a standard called the best interests of the child to make decisions regarding custody. This is meant to help keep the child in a safe, stable environment with as few problems as possible. However, certain actions or negative aspects of a parent’s past may cause the court to doubt whether a parent can provide the necessary environment for the child to grow up. The judge has discretion to make decisions regarding the best interests of the child in each individual case based on the parents and their backgrounds. Because attorneys can help a person prepare for a custody hearing, it is important for each parent attending the hearing to get legal advice before any decisions are made.

Serious substance abuse issues

If any parent has a documented history of substance abuse, this can start to affect their ability to be financially stable, work a normal job, avoid criminal charges, and affect various other aspects of their life. Obviously, a person with drug or alcohol problems is going to have difficulty dedicating enough time to their children and keeping them safe. 

Domestic violence and child abuse

New York law allows victims to receive a protective order against any abuser. This means that they need to physically stay away from the victim and avoid various other forms of contact. If a judge sees that there is a protective order in place or other previous problems with violence, they will likely believe that the person cannot raise a child properly. 

Problems with mental and physical health

When a parent is in declining health or they are not mentally sound, it is unlikely that they will be able to take care of another person. As a practical matter, the judge assigned to the case may want someone who has a greater ability to care for the child to have primary custody, even if the person with health issues has not done anything wrong. 

A history of neglect

When a family judge finds that one parent has been largely absent from a child’s life and neglected their duties as a parent, it is unlikely that they will receive multiple chances to form a meaningful parental relationship. This is especially true if there have been criminal charges related to neglect or abandonment. 

Advice from family lawyers in New York

Elliot Green Law Offices is available to help people with child support payments, divorces, alimony issues, child custody disputes, and other aspects of family law. People who need assistance from a family attorney in the Brooklyn area can consult with the firm for legal advice.  

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com