Date of accident: 2012. Suffered a fall and injured both of my knees. Two weeks ago orthopedist recommended surgery on both knees in the next 3 to 6 month. Currently receiving cortizone shots to minimize pain. State of Florida employee. Amerisys is w/c carrier.
That is a good question, and you were smart post it on AVVO. The Worker's Compensation coverage follows you - wherever you live – including outside of the country. This situation occurs all of the time and I've assisted my clients in finding the best physicians for the client's specific injuries - in their new location. As for the question of settlement, that just depends on your individual situation. By that I mean, are you at a point where you're ready to accept a lump sum of money or annuity, in exchange for complete resolution of your claims.? At this point, I suggest you contact an experienced Florida workers compensation attorney to assist you in determining whether it makes more sense in your situation to obtain new medical providers in another location, or if it makes more sense to resolve your case at this time. Because you are moving, it is not necessary that you have an attorney in the Tallahassee area J- you really could retain and consult with an experience Florida Worker's Compensation Atty. anywhere in the state. The consultation is free. I hope this is helpful for you.
I agree with Mr Bilsky. I have clients that move out of state all the time and the treatment follows them. He has indicated that is the case for injured workers in Fla. You may want to consider getting an attorney though, as that can help smooth the transition. also if it were in my state the injured worker would have to come back here for an evaluation at some point near the end of the treatment so an attorney can help you with all of these types of issues.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
I disagree with Mr. Bilsky, and would recommend you seek a consultation with the Worker's Compensation specialist in Tallahassee before moving. Normally, you will always do better to hire a lawyer and getting a settlement of your case. And another respect, the lawyer can give you advice with regard to the Florida retirement system in line of duty disability benefits and any possible claim you might have for Social Security disability benefits
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application and should NOT be relied upon. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices.
I agree with Mr. Bilsky that if you consult with a lawyer about your claim, you should consult with a lawyer who practices under Florida law and is licensed in Florida. If you were injured in the course and scope of your employment while working for the state of Florida, you are covered under the Florida Workers' Compensation Law. Your workers' compensation claim and benefits are per that law regardless of where you live. The workers' compensation carrier will have to authorize you medical care near where you move but the law applying to your case will be the Florida law.
Disclaimer: The above does not constitute legal advice. It is the opinion of the author and is based upon facts which may be incomplete. No attorney/client relationship is formed by this discussion. You should consult an attorney with questions about your particular situation.
The value of your workers compensation insurance is very high. The insurance will follow you to any location you may move. Getting everything transferred can be difficult, but that is to be expected, I hate to say. But, do not let go of your medical insurance until your condition has been stabilized. Then and only then should you consider settlement. It sounds to me like you need to be planning right now your long term manner in which to deal with this situation. The future lost wage concerns need special consideration in your situation because of the limited amounts allowed.
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