DDB LawDDB Law2026-11-02T23:47:42Zhttps://www.ddblaw.com/feed/atom/WordPress/wp-content/uploads/sites/1502862/2022/05/cropped-site-icon-32x32.pngOn Behalf of DDB Law<![CDATA[Does workers’ compensation cover repetitive stress injuries?]]>https://www.ddblaw.com/?p=488322026-11-02T23:47:42Z2026-11-02T23:47:42ZNot all workplace injuries happen in a single accident. Some develop gradually from performing the same motions day after day, such as typing, lifting, gripping tools or working on an assembly line.
Employees often wonder whether these injuries qualify for workers’ compensation in Florida. Here's what you need to know if you believe you have suffered a repetitive stress injury at work.
What does repetitive stress injury mean?
A repetitive stress injury is a condition caused by repeated movements or ongoing physical strain over time. Common examples include carpal tunnel syndrome, tendonitis and certain shoulder, elbow and wrist injuries.Often, these injuries do not have a single, identifiable accident date. Instead, symptoms may begin gradually and worsen with continued work activities. Pain, numbness, weakness and reduced range of motion are some of the most common warning signs.
When does workers’ compensation cover these injuries?
Florida workers’ compensation may cover a repetitive stress injury if the condition arose out of and in the course of employment. The worker must show that employment is the major contributing cause (MCC) of the injury or need for treatment and accounts for more than 50% of the condition.Since repetitive injuries develop gradually, medical records and physician opinions often play a crucial role in determining if benefits are available.
The importance of timely reporting
Workers sometimes ignore symptoms at first, hoping they will improve on their own. However, waiting too long to report the condition can create challenges when pursuing benefits. Those who believe repetitive work tasks caused an injury should report the symptoms to their employer within 30 days and seek immediate medical attention. If questions arise about benefits or your workers' compensation claim is denied, legal support can help identify your available options.]]>On Behalf of DDB Law<![CDATA[Reporting a work-related injury to your employer]]>https://www.ddblaw.com/?p=488282026-10-16T14:50:11Z2026-10-16T14:50:11ZIf an injury or illness arises out of and in the course of employment, you need to report it to your employer. It’s crucial to follow the right procedures to avoid mistakes that can lead to a delay or denial of workers' compensation benefits.
So, how do you report a work-related injury?
Notify your employer as soon as possible
When you are injured at work, it’s vital to notify your supervisor, manager or employer as soon as possible, but no later than 30 days from the date of the accident. Or within 30 days of the date your doctor confirms you are suffering from a work-related injury/illness. This timeline typically prevents employees from reporting non-work injuries that happen long after a claimed date, allows an employer and their insurer to inspect the scene and gather more information and lets an employer send an employee to an authorized medical provider immediately. Additionally, reporting early allows an employee to create a clear paper trail that links their injury to their job duties, reducing the chances of disputes over whether the condition is work-related.Failing to report your work-related injury within 30 days may result in your claim being denied. Your employer can use late reporting as a complete legal defense to deny your claim, or they may dispute causation of your injury, leading to a denial. So, it’s critical to observe this deadline. Ensure you notify your employer in writing. You can give verbal notice at first when leaving to get immediate medical attention, and then send a written notice later. Even if a supervisor or manager witnessed the accident, you must still formally report the injury. How you report a work-related injury matters. Get more information about the steps to take to protect your eligibility for workers’ compensation benefits. ]]>On Behalf of DDB Law<![CDATA[Can your employer stop you from filing for workers’ comp?]]>https://www.ddblaw.com/?p=488262026-10-15T22:31:18Z2026-10-15T22:31:18ZUnder Florida law, your employer cannot legally prevent you from filing for workers’ compensation benefits via threats, coercion, intimidation or retaliation – but that may not stop some from trying, anyhow.
Why and how employers discourage workers' comp claims
Employers have several reasons to dislike workers' compensation claims. Too many claims and their insurance premiums can rise. Workplace safety records might be inspected. There may be issues with worker misclassification that the employer is trying to hide.
Some employers try to avoid workers’ comp claims by:
Telling workers their injuries aren't serious enough to justify filing a claim and implying that claims cannot be pursued without permanent injury.
Suggesting that employees “want to avoid workers' comp” and let the company handle their medical expenses privately.
Encouraging injured employees to use their own health coverage rather than workers' compensation, including asking them to lie when seeking treatment about the source of their injuries.
Warning or implying to employees that filing a workers’ comp claim could cost them their jobs, promotions, overtime or other benefits.
Refusing to notify the company's workers' compensation insurance carrier after an employee reports an injury and telling the employee they’re “waiting to see if it is necessary” as they pressure them to drop the claim.
None of these tactics eliminates an injured employee's right to pursue benefits. In Florida, injured workers generally must report workplace injuries to their employers within 30 days. Employers are then responsible for reporting qualifying injuries to their workers' compensation insurance carriers. If your employer refuses to make a report, you can contact the insurance carrier directly.
Keep copies of any written injury reports, emails or text messages discussing the accident and make notes of your employer’s statements and actions. Your employer doesn't get to decide whether you're entitled to workers' compensation. If you're injured on the job, you have the right to seek experienced legal guidance, as well.]]>On Behalf of DDB Law<![CDATA[What if no one else saw your workplace accident?]]>https://www.ddblaw.com/?p=485022026-09-30T15:16:13Z2026-09-30T15:16:13ZYour first report matters
Your first report tells your employer what happened while the details are still recent. Florida generally requires you to report a work injury within 30 days after it happens or first becomes apparent, although limited exceptions apply. When you make the report, describe what you were doing and when you got hurt in simple terms.
You may also want to give your doctor the same basic facts. If you later give a different account of an important detail, the insurer could ask you to explain the change. A short, accurate description often helps avoid conflicting accounts.
Other records may help
Even without a witness, you might have records from around the time of the accident. Your medical chart may show when you sought care and how you described the injury. A text to your supervisor can also show when you first reported it.
Your work records could add more support. A timecard shows that you worked that day, while a job assignment may connect you to the task you described. No record guarantees that the insurer will accept your claim, but several records that match your account often make the events easier to verify.
Keep these useful records together
If the insurer questions your account, you may have to explain the accident in more detail. You might want to keep your injury report and medical papers together as you pursue a job injury benefits claim. You could also review each record so you know what it says if the insurer asks follow-up questions.]]>On Behalf of DDB Law<![CDATA[4 reasons your Florida workers’ comp might suddenly end]]>https://www.ddblaw.com/?p=484992026-09-26T20:02:03Z2026-09-26T20:02:03Z1. Your doctor changed your work status
Your workers’ comp doctor’s assessment affects your benefits. If the doctor releases you to return to work, your temporary total disability checks may stop – even if you don’t feel ready to go back. Read your doctor’s written restrictions from your last visit carefully. If you can return only to light duty and earn substantially less because of those restrictions, you may qualify for temporary partial disability benefits.
2. You reached maximum medical improvement
Maximum medical improvement (MMI) means that your workers’ comp physician believes you cannot realistically expect further improvement in your condition, regardless of treatment. Reaching MMI generally ends your temporary disability benefits. However, you may qualify for either extended Impairment Income Benefits (IIB) or transition to some form of permanent disability benefits.
3. You reached the limit for temporary cash benefits
In Florida, injured workers generally only receive temporary cash benefits (whether that is Temporary Total Disability or Temporary Partial Disability) through workers’ compensation for a maximum of 104 weeks, although there are exceptions.
If you’ve reached MMI and are unable to work at all, you may need to transition to Permanent Total Disability. If you can do some work but not return to your previous job, you may be due IIB. If you have not reached MMI, you may qualify to have your TTD benefits extended with IIB (also known as the “Westphal” extension) to a maximum of 260 weeks (five years) while you keep healing.
4. You are accused of noncompliance
A missed medical appointment, a request for information that never reached you or a dispute over your ability to work may also interrupt payments.
If you were expecting a workers’ comp payment that didn’t come, you need to respond quickly. These issues seldom get worked out on their own. Speaking with a Florida workers’ comp attorney can help you decide on your next move.]]>On Behalf of DDB Law<![CDATA[Florida’s one-time change of physician rule for workers’ comp]]>https://www.ddblaw.com/?p=484642026-09-10T18:47:51Z2026-09-10T18:47:51ZIf you get injured in a workplace accident in Florida, your employer’s insurance carrier gets to choose your authorized treating physician for workers’ comp purposes. Given the importance of trust between doctor and patient and the amount of power the doctor has over your workers’ comp claim, that can turn into a major problem.
If you don’t have faith in the doctor’s diagnosis, treatment plan or judgment, what can you do?Florida law gives you the right to request a one-time change of physician.
Why it may be necessary to invoke your one-time change
Imagine that you injure your back lifting boxes at work and the insurer assigns you to see a sports medicine doctor. You have several visits, but you believe the doctor is dismissive about your pain, uninterested in looking for a better solution and trying to send you back to work without restrictions. You decide to ask for a one-time change.The one-time change you can make isn’t the same as asking for a second opinion. Once made, all your care for that workers’ comp claim is permanently transferred to the new authorized physician. Think carefully before making this move, particularly if your claim already involves several specialists and types of treatment. A change could mean starting over with a new team – and you could end up with a physician that you like even less.
Making the request for a different authorized treating physician
You have to make the request for a one-time change in writing. Once the insurer receives the request, they have five days to authorize a new treating physician. The new physician may not be professionally affiliated with your current treating physician to avoid conflicts of interest. So long as the insurer responds within that deadline, it generally gets to select the replacement physician. If the insurer fails to make the change within five days, however, you may be able to select the new authorized treating physician yourself. Given the possible advantage that could give you, the date of delivery of your letter to the insurer seeking to make the one-time change is very important. Keep a copy and send the original letter out via certified mail so that you can prove when the insurer received it. If you’re not happy with your workers’ comp physician, it may be wise to speak with a skilled attorney before applying the one-time change rule. They can help you take a dispassionate look at your options, understand the timing and otherwise protect your interest.
]]>On Behalf of DDB Law<![CDATA[When can your workers’ compensation claim be rejected?]]>https://www.ddblaw.com/?p=482032022-07-14T19:09:35Z2022-07-14T19:09:35ZMany assume that workers' compensation benefits are assured after suffering injuries in the line of duty. However, nothing is guaranteed. Your claim may be denied, leaving you to bear the financial burden alone.
It is possible to appeal a claim, but it can be a long dreary wait. Knowing the pitfalls to avoid will boost your chances of a successful claim and save you the trouble of the appeals process.
Ignoring the deadlines
In Florida, you have 30 days to report a workplace accident to your employer. Your claim may be denied unless you have justifiable reasons that prevented you from notifying your employer within the stipulated time.
Not seeking medical attention
It is necessary to have medical evidence of your injuries, test results and documentation from your doctor. Otherwise, your injuries may be deemed minor to warrant benefits or alluded to pre-existing conditions which are not eligible for worker's compensation.
Mistakes in the paperwork
If you make errors or provide inaccurate information in the insurance forms, your claim is likely to hit a snag. For a successful claim, you should correctly fill in all the particulars requested. These include dates, medical records, personal details, and other details surrounding your accident.
You were under the influence at the time of your accident
If your initial medical records indicate that you had alcohol or drugs in your system when the accident occurred, the insurance will likely not approve your claim.
What can you do after your claim is denied?
Fortunately, you can appeal the decision to deny your benefits. Once the insurer provides their reasons for rejecting your claim, usually included in the denial letter, you should be prepared to appeal or file the claim afresh. While most appeals sail through, you should not take your chances. Knowing what needs to be done will increase your chances of a successful outcome.]]>On Behalf of DDB Law<![CDATA[What to do if You Suffer Car Accident Injuries]]>https://www.ddblaw.com/?p=463462022-05-18T05:54:25Z2015-03-26T15:20:06ZMake Accident Notes
Make notes on the time and location of the accident, as well as how it actually happened. It’s important to do this as quickly as possible, since your memory will be more accurate close to the event. Hold on to these notes. They can be essential when you’re interacting with the insurance company or lawyers. You should also make notes about how your injuries impact your life, including your work.
Take Some Accident Photos
Remember to take photos of the accident and particularly of any vehicles involved. Photos of the street or intersection, skid marks, street signs, lights and anything else that might be relevant to the accident would also be a good idea. If possible, try to use a good camera for this. But if you have to do it quickly, because the cars are being removed, you can use your phone camera. If you’re injured and unable to take the pictures, have someone else do it for you.
Get Your Injuries on the Record
In the emergency room or when you go to see your private doctor, make clear just what your symptoms are. An insurance company can question your injuries later if you don’t mention them to the doctor at the time. Another way to document your injuries is to take photos of any cuts, bruises, fracture casts, stitches or scars. You want to take photos of these injuries immediately after the accident, after treatment and as you continue to heal.]]>On Behalf of DDB Law<![CDATA[Were Your Injuries Caused by a Defective Car That’s Part of an Auto Recall?]]>https://www.ddblaw.com/?p=462922022-05-18T05:57:15Z2014-09-11T15:17:13ZAuto Defects Cause Accidents
If you’ve ever paid attention to auto recall information in the media, you may have realized that the recall came only after the manufacturer received notice of a number of accidents, complaints, and sometimes injuries and deaths. Often recalls are a direct result of government action, as the vehicle defect was in violation of The National Traffic and Motor Vehicle Safety Act.
Auto recalls have been in the news recently due to the sheer numbers of vehicles involved. Here are a two you should be aware of:
General Motors Ignition Recall
ConsumerAffairs explains that, as early as 2005, consumers began filing complaints with General Motors about their power shutting down while driving. GM admitted to having notice of the defect, which is known to have caused at least 13 deaths.
Unfortunately, it took nearly a decade for the auto recall to be put into effect. GM has now recalled 3.16 million cars to repair the defective ignition system. They apologized for their delay, and they have agreed to pay a $35 million dollar fine. They have also announced additional recalls involving air bags, power windows and other problems.
Takata Air Bags
A recent article in the International Business Times, “Takata Airbag Recall: Does Your Car Have One If These Dangerous Shrapnel Spitting Airbags” discussed a big problem. The National Highway Traffic Safety Administration is still investigating Takata’s safety products, but one known problem is that their airbags shoot out bits of metal, causing injuries when deployed.
Toyota has recalled 3.6 million vehicles due to the problem, Honda has recalled 2 million vehicles, and BMW has issued a recall for 220,000 cars.
You Need a Professional to Help
If you were injured in an accident due to a safety issue for a vehicle with a pending auto recall, you may be entitled to payment for your damages. The recalling manufacturer will probably pay for the vehicle repairs, but you may need help if you decide to present an injury claim.
A personal injury attorney can help ease the frustration of being considered at fault when your accident was caused by a vehicle defect. They can investigate your claim, determine liability, and present a personal injury claim to the auto manufacturer on your behalf. They might even be able to get the insurance company to change their mind.]]>On Behalf of DDB Law<![CDATA[Florida Helmet Laws and the Medical Insurance Exemption]]>https://www.ddblaw.com/?p=462812022-05-18T05:58:33Z2014-05-23T15:15:37ZUnder Florida law, a person is allowed to ride a motorcycle without a helmet if two conditions are satisfied:
You must be over 21 years of age
You must carry (and have proof of) $10,000 in medical insurance that will cover the injuries that might occur in the event of a motorcycle crash.
Absent of carrying medical insurance, Florida motorcycle riders are required to wear a helmet from the list of approved models by the Florida Department of Motor Vehicles. Every motorcyclist – regardless of age or insurance coverage – must wear protective eye gear or have a wind shield on their motorcycle. Glasses and sunglasses are acceptable forms of “protective eye gear” under this law.
After a previous motorcycle helmet law was overturned by a Florida court for being overly vague, the current law was passed in 2000. It serves as a compromise between those (mainly motorcycle riders) who believed that the helmet requirement was a government overreach and those who held that motorcycle accidents tend to cause a disproportionate amount of head injuries. These types of injuries can lead to long term brain damage that would constitute a burden on the state that would have to pay for the care of people suffering from them. The requirement to carry insurance to avoid wearing a helmet was meant to address this problem.
If you are over 21 and decide to forgo wearing a helmet, don’t leave home without your proof of insurance. Florida law enforcement is free to stop any motorcyclist without a helmet that could be underage. Another important consideration? If you are in an accident and decide to file a personal injury suit, your decision to not wear a helmet could negatively affect your case, as the defendant might argue that the injuries sustained in the accident were the result of your own negligence. For more information, please visit our page on helmet laws. If you were injured in a motorcycle accident and were not wearing a helmet, enlist the help of an experienced attorney to ensure you recover the damages you deserve.]]>