Workers' Compensation Law Archives - The Law Offices of Charles H Leo, PA

August 26, 2020

Steps to Take After Being Injured at Work

Accidental injuries happen all the time. However, not many people prepare for getting injured on the job. So how do you report an injury, and what kind of documents do you need when filing a Workers’ Compensation claim in Orlando, Florida? At The Law Offices of Charles H. Leo, P.A., we can walk you through the claims process so when the time comes, you know exactly what to do. Schedule a call with a board-certified Workers’ Compensation attorney for a no-obligation consultation today.

Get medical attention

Some victims of workplace injuries fail to get the medical help they need, and this is a very common but dangerous mistake. Even if the injury seems small, we encourage you to see a doctor as soon as possible. This is because injuries such as internal bleeding or whiplash are not always visible and can get worse when left untreated. Inform your doctor about the cause of the injury and keep detailed records of all treatments and therapies. You MUST reveal any prior injuries during the first medical visit, or the insurance company will try to allege the injured worker committed fraud by trying to mislead.

Report the injury in a timely manner

All workplace incidents should be reported to your employer right away. Injuries can be reported to your direct supervisor or the Human Resources department. Be sure to explain when and how the incident occurred in detail. In Orlando, Workers’ Compensation laws require the injured employee to report any accident within a certain timeframe. If you wait too long to file a report, you risk having your claims denied.

Collect evidence if possible

It is important to present evidence that you were injured on the job as a result of negligence or reckless work conditions. If you have a smartphone within easy reach, use it to take pictures or record videos of the scene. So, if you slipped on a wet floor or fell down the stairs, make sure to capture everything you believe is relevant to your case. Your coworkers could take photos for you if you are unable to do so. That being said, do not prioritize collecting evidence if your injury is serious. Getting the medical attention you need comes first.

Keep track of expenses and injuries

Based on the type and severity of the injury, you could qualify for Workers’ Compensation benefits. This means your medical bill and lost wages may be covered. For this reason, keep records of any expenses you have incurred as a result of the accident. Doctors’ visits, surgeries, and prescription medications all count as expenses. Your healthcare facility should also have these records on hand as well.

Contact a workers’ compensation attorney for help

Navigating through Workers’ Compensation can seem stressful and confusing. The Law Offices of Charles H. Leo, P.A. can advise you about your situation and help make sure that you get the compensation you deserve. During a consultation with Florida Board Certified Attorney; Charles H. Leo, he can discuss the details of your accident and what should happen next. Learn more by contacting our office today.

March 10, 2020

Employer’s Insurance Company Ordered to Pay Attorney’s Fee for Employee after Another Trial Victory from Attorney Charles H. Leo

Many people do not realize that the opposing side’s insurance company often has to pay the employee’s attorney fees and costs in Workers’ Compensation Cases when a Judge rules in the employee’s favor after a trial. Another Big Win for our client and for our firm.

Order Approving Stipulation fees for Attorneys

Joint Stipulation of Attorney's fees page 1 — Joint Stipulation of Attorney’s fees page 1

Joint Stipulation of Attorney's fees page 2 — Joint Stipulation of Attorney’s fees page 2.

Pleading for joint stipulation pg3. — Pleading for joint stipulation page 3.

December 13, 2019

Employee Drug Test while at Hospital in a Coma?!?

If you are Injured on the Job and in a coma, can your employer have your blood tested for drugs?

Unbelievable to think this could happen, but it did. Attached is the Order on the Motion in Limine (a motion to request that certain testimony be omitted from evidence) on drug tests performed on my client while he was in a coma.

It is a good Order, but not a total exclusion. It does shift the Burden of Proof to the e/c (employer/carrier), so I can attack the collection procedures. The actual test findings are suspect, as drug results on blood are not even defined by the rules.

The end result is very positive, but the claimant DID sign an employment agreement to drug testing.

The big problem I have with the order is that the Judge acknowledges that the employer violated the initial orders he entered to preserve and release
the samples. There should be consequences for ignoring the 1^st order.

Here are the answers to the questions you may be pondering:

If you are Injured on the Job and in a coma, is it legal for your employer to have your blood tested for drugs? Sometimes. The hospital probably tested your blood as part of your emergency diagnosis/treatment and those results could be used depending on your employment agreement. However, the results, in this case, are not conclusive as they are not defined by the rules of the court.

Did the hospital violate HIPPA or other laws and can they be held liable for damages? Depends if they shared the results to the employer without a court order or worker’s consent. In this case, a court order was present.

If this happened to you could your employer be sued for a violation of privacy and other personal injury claims? Possibly, but this doesn’t mean that it would be a winnable case, especially with the signed consent in the employment agreement.

November 19, 2019

Another Million Dollar Case Win

We are proud to announce that we just secured a $1,000,000 recovery on behalf of a client who was injured on the job. Our goal is always to get the justice that our clients deserve when injured on the job due to negligence or unsafe working conditions.

Over the years, we have secured millions of dollars for our clients in the greater Orlando area, and this case was no different. The final amount secured was $1,050,000.

Take a look at the court document below to learn more about the case and the funds secured for our client. If you are injured on the job and require an Orlando Workers’ Compensation attorney, look no further than the Law Offices of Charles H. Leo, P.A. We will fight for what is rightfully yours!

October 25, 2019

Charles Awarded Florida Super Lawyer for the 11th Straight Year

Charles H. Leo (B.S. ’89, J.D. ’91) was awarded Florida Super Lawyer for the 11th straight year in August of 2019. Because of this, he was featured in the FSU

His firm was featured in the Honors, Scholars & Fellows notes at Florida State University due to this impressive accomplishment. You can read more about the HSF announcements each month by clicking the image below.

What Are Florida Super Lawyers?

Super Lawyers is a lawyer aggregator website that helps individuals get connected with attorneys that will best help them with their legal issues. Each year, Super Lawyers uses a patented process to select and grade lawyers across the country. This includes peer nomination, independent research and peer evaluation from lawyers in the same jurisdiction. Lawyers who receive the highest scores are further featured in the Florida Super Lawyers Top Lists. For the 11th straight year, we are proud to have been featured as a Florida Super Lawyer!

You can take a look at my Super Lawyer profile here!