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Are your affairs in order in the unfortunate event of disability or death?

By Kelly Barcia Nuñez |

As an estate planning and probate lawyer, I am often asked “What legal documents do I need in case of disability or death?”  There are several documents I encourage every single person to have whether single, married or in a domestic partner relationship.  Here are just a couple of the recommended documents every person… Read More »

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I am permanently disabled, what wage loss benefits can I receive?

By Kelly Barcia Nuñez |

Permanent total disability. If you are permanently and totally disabled, you are entitled to receive 66% of your average weekly wage biweekly with a 3% supplement increased every January 1st times the number of years since your accident. Permanent total disability benefits are paid through age 75. Permanent total supplemental benefits end at age… Read More »

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I have been injured at work and I am temporarily unable to return to work because the doctor says I should stay home. Who is going to pay me?

By Kelly Barcia Nuñez |

Should stay home. Who is going to pay me? Under Florida Workers’ Compensation Law, you are entitled to indemnity benefits or lost wage benefits. There are categories of temporary indemnity benefits, specifically, temporary total disability and temporary partial disability. You are entitled to temporary total disability when an authorized physician indicates that you are… Read More »

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What if you don’t have an accident at work, but believe that you have injuries related to your work activity?

By Kelly Barcia Nuñez |

Florida Workers’ Compensation Law has acknowledged that repetitive trauma, exposure to substance and occupational exposures, are compensable. Repetitive trauma is an activity that leads to an injury. This is a compensable event which will entitle you to workers’ compensation benefits. For example, someone who does data entry on a computer can, over time, develop… Read More »

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Is there a time limit for filing my workers’ compensation claim?

By Kelly Barcia Nuñez |

A Petition for Benefits under Florida’s Workers’ Compensation Law can be brought within two (2) years of your date of accident or within two (2) years of when you knew or should have known that you r injuries were as a result of a work related accident or activities. Once you are beyond two… Read More »

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What is required to file a workers’ compensation claim?

By Kelly Barcia Nuñez |

Under Florida Workers’ Compensation Law, an accident at work that results in an injury may entitle you to workers’ compensation: Workers’ compensation benefits include medical benefits and lost wage benefits, called indemnity benefits. If you are injured at work, you must report your accident and injury to your employer within thirty (3) days of… Read More »

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I was injured at work and my employer will not send me to the doctor, what should I do now?

By Kelly Barcia Nuñez |

If you were injured at work, and your employer had more than four (4) employees on the date of the accident, you must report the injury to him or her and request a Notice of Injury or First Report of Injury be completed. An injury must be reported to your employer within thirty (30)… Read More »

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Selecting the Right Insurance Coverage

By Kelly Barcia Nuñez |

All too often clients arrive at our office who have been injured in an accident thinking they have “full coverage” on their automobile only to find out that the coverage they have is something much less than full coverage.  Many people reject certain types of coverage without realizing that they are rejecting very important… Read More »

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I have been injured at work. Is workers’ compensation my only remedy?

By Kelly Barcia Nuñez |

Most of the time, workers’ compensation is your only remedy for a work related accident. However, Section 440.11(1)(b)(2) provides that the employer can be held liable for accidents above and beyond their workers’ compensation coverage if the following is met: The employer knew of the danger. Knowing of the danger can be met by… Read More »

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Property Damage

By Kelly Barcia Nuñez |

Our roads and highways are the scene of more than 500,000 automobile accidents per year. Insurance companies pay billions of dollars to fix these cars, often through a process called subrogation in which each diver’s insurer pays for repairs minus deductible. The question as to who is at fault or blame is left for… Read More »

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