Law Firm Blog

How Does SSDI Work?

If you have a permanent disability and a sufficient amount of work credits, you may be eligible for Social Security Disability Insurance benefits. In 2023. The average monthly cash benefit was $1,500. Most people cannot live on $1,500 a month.

Can You Lose Your Workers’ Comp Over a Positive Drug Test?

Maybe. Drug use at the time of injury is one of the only legal defenses to a workers’ compensation claim. The other big one is a horseplay injury (an at-work injury that’s not related to basic job functions).

How Long Does the Workers’ Compensation Claims Process Take?

The average wait time for a workers’ compensation Administrative Law Judge appeal hearing in Florida is over seven months. Wait times at the overworked and understaffed Social Security Administration are even longer.

How Long is the Typical Waiting Period for Benefits in Florida?

The extended waiting period for workers’ compensation benefits in Florida, which is usually 21 days, is a leftover provision from the former pro-insurance company workers’ compensation law.

Filing and Winning a Social Security Disability Benefits Claim

A disabling and permanent illness or injury qualified individuals to receive Social Security Disability cash and medical benefits.

Permanent and Temporary Disability: What is the Difference?

The line between a permanent and temporary work-related disability moves depending on the victim’s maximum medical improvement.

What You Should Know About WFH and Workers’ Compensation

The work-from-home revolution is apparently here to stay, much to the chagrin of office managers and insurance companies.

Non-Work, Work-Related Injuries in Florida

Some pandemic-related workplace changes appear to be permanent. Although the coronavirus pandemic is over, about a third of Florida employees still work from home, at least on a part-time basis.

Does a Pre-Existing Condition Affect My Workers’ Comp Benefits?

We hear this question a lot. Approximately a quarter of Florida workers have a partial disability, usually due to an old injury or a chronic medical condition.

My Rights as an Injured Worker in Florida

Back in the day, injured workers had practically no rights. They could file injury claims in civil court, but back in those days, bosses could easily squash these claims and force injured workers to settle their claims for pennies on the dollar.

How Do I Apply for Social Security Disability Benefits?

Applying for Social Security disability benefits seems fairly straightforward. However, the Social Security Administration (SSA) denies thousands of applications every year.

What is the Workers’ Compensation Claims Process in Florida?

This process almost always includes an initial denial. Since 2013, the initial workers’ compensation claim denial rate has increased 20%.

What Does "Date Last Insured" Mean?

The DLI is crucial for determining Social Security Disability benefits eligibility. Basically, the applicant’s disability must have occurred while the applicant was still employed and earning work credits.

Is There a Waiting Period Before I Can Receive Cash Benefits?

Yes. In fact, Florida’s waiting period, which is 21 days, is much longer than the waiting period in most other states. Until very recently, workers’ compensation laws in the Sunshine State were worker-unfriendly.

What Happens to My SSDI Benefits When I Reach Full Retirement Age?

We hear this question often, mostly because many SSDI applicants are over 50, as outlined below.

Do I Pay Income Tax on My SSD Benefits?

Usually, half of Social Security Disability benefits paid are always tax-free. The other half may be subject to federal income tax, depending on your filing status and income amount.

Does SSD Have Short-Term or Partial Disability?

The answer to this question depends on your definition of “short-term disability.” By law, SSD benefits are only available if a disability is expected to last at least a year or cause the applicant’s death. Many injury-related claims, which account for about half of SSD matters, are basically short-term disabilities.

How Does Drug or Alcohol Abuse Affect My SSD Claim?

Under federal law, substance abuse could be a contributing factor to a physical, emotional, or other disability.

Can I Receive Social Security Disability Benefits if I am Retired?

The Social Security Disability Insurance (SSDI) program was created by Congress to provide monetary benefits to those persons that were not old enough to retire but had suffered from a disabling sickness or injury.

What is the Difference Between SSI and SSDI?

Programs administered by the Social Security Administration (SSA) can be complex and confusing.

How Does Workers’ Compensation Work When You Live and Work in Different States?

There are many reasons people must travel between different states for work. Contractors often have to travel from state to state, and executives and managers often have to be in different areas of the country at different times of the year.

How Does Workers’ Compensation Affect Remote Workers?

Of all the many things that came from the COVID-19 pandemic, the rise in remote workers was one of the biggest. In fact, a nationwide study conducted in October of 2021 found that nine out of ten workers want to continue working remotely in some capacity moving forward. Remote work has many benefits,

How Long is the Waiting Period for WC Benefits in FL?

Our Pasco County workers’ compensation attorney explains waiting periods and time limits associated with workers’ compensation claims in Florida.

When On-the-Job Injuries Happen While Working From Home

Find out what you need to know about job-related injuries that happen while working from home and your rights to workers’ compensation benefits in Florida.

How to File a Workers’ Compensation Claim in Florida

Most employers in Pasco County and throughout the state of Florida are required to carry workers’ compensation insurance.

Does Workers’ Compensation Cover Mental Health Appointments in FL?

Even with all the awareness campaigns today, people are still hesitant to see mental injuries the same way they view physical injuries. This is perhaps no more apparent than in Florida’s workers’ compensation system. If you have suffered a mental injury at work that requires you to attend mental health appointments, you may be able to file a claim for workers’ compensation benefits.

Can I Still Get Workers’ Comp if My Employer Goes Out of Business?

It is natural for employees to become worried when the company they work for goes out of business.

Does Marijuana Affect Workers' Comp Claims?

While recreational marijuana is still illegal in the state of Florida, lawmakers have made the use of medical marijuana legal.

Can I Receive Social Security And Disability at the Same Time?

When on the job accidents or occupational injuries happen, it can impact your ability to work now and for years to come.

What Injuries are Covered by Workers' Comp in Florida?

On-the-job accidents can happen in any occupation. As a result, you could be left with serious injuries that impact your ability to work, both now and in the years to come.

Does Florida Classify a COVID-19 Infection as an Occupational Disease?

While vaccines, social distancing, and other safety measures have put a dent in the COVID-19 pandemic nationwide, Florida continues to see a high number of cases.

Will Workers' Comp Cover an Accident Off-Site?

Workers' compensation in Florida helps to protect employees when accidental injuries happen. To be eligible for benefits, your injuries have to be work-related.

OSHA's Fatal Four Causes of Construction Worker Deaths

Accidents can happen on any worksite, but construction workers are among those most at-risk. The injuries they suffer have the potential to be life-threatening.

When Should I File for Disability?

Long-term disabilities can happen as a result of accidental injuries, sudden illnesses, or chronic medical conditions. When they prevent you from working, Social Security disability benefits provide a safety net. Unfortunately, getting the benefits you are entitled to can prove challenging.

Does FL Workers Comp Extend to Workers at Home?

One of the unexpected impacts of the COVID-19 pandemic is the realization that many jobs previously performed in an office could just as easily be done from home. Even now that a vaccine is available and case counts are dropping, many companies are continuing to offer remote work as an option. While this can provide numerous advantages, you may be wondering how it impacts your rights regarding certain types of benefits. If you get hurt on the job while working from home, can you still get workers' compensation benefits?

Is it Legal for My Employer to Require I Sign a COVID-19 Waiver?

As COVID-19 cases continue to level off throughout Florida, many people who have been laid-off or working from home during the pandemic are being called back to their jobs. Reopening work sites is an encouraging sign, but there are still risks. To protect themselves against liability if an employee contracts COVID-19 on the job, many companies are now requiring workers to sign waivers. While this is within their rights, it does not limit yours in filing a workers' compensation claim, particularly if your employer failed to take the proper precautions to protect you.

Your Right to Workers' Compensation as a Remote Employee

In an ongoing effort to reduce the spread of COVID-19, many companies have employees working from home. While this provides certain advantages, it also poses risks.

Workers' Compensation for COVID-19 Has Been Denied Nationwide

Despite ongoing concerns over COVID-19 in New Port Richey, businesses are open and employees have been back on the job for months. However, the pandemic itself is far from over and the number of cases have increased steadily in recent months.

Workers Comp Claims at Risk with Upsurge of COVID-19 Claims

Businesses throughout New Port Richey continue to reopen, despite ongoing concerns regarding COVID-19. Employees who end up being exposed to the virus could find themselves seriously ill and unable to work.

Be Informed About the New OSHA Safety Campaign for Falling Accidents

Reducing fall accidents and fall-related deaths in the workplace is a top priority In the construction industry, falls are a leading cause of death. Indeed, as reported by OSHA, falls from elevation accounted for nearly one-third of all deaths amongst construction workers in 2018.

Will the Unemployment Rate Affect My Workers’ Comp?

If you have been injured at work, you are entitled to workers' compensation, regardless of the country's unemployment rate. As a consequence of the coronavirus pandemic, unemployment rates have risen dramatically. The unemployment rate in the U.S. is at about 11% as of June 2020; before the pandemic, it was under 4%.

Will I Get Workers' Compensation if I Have an Accident on My Way to Work?

Workers' compensation provides financial compensation to pay for a workers' medical benefits, as well as a portion of their lost wages, if they are injured while on the job. While any activities that happen at work or in the designated physical working space are usually covered under workers' compensation, whether or not workers' compensation coverage applies for injuries that do not happen at work may be less clear.

COVID-19 Relief Impacting Workers' Comp for First Responders

If you contract COVID-19 at work, contact an attorney to learn more about the benefits to which you may be entitled. The idea of contracting the novel coronavirus is terrifying, yet a reality that many workers on the frontlines, including first responders, have to contend with right now. During the time of coronavirus, many states,

Truck Driver Still Safe with the current COVID-19 pandemic?

While many employees are working from home at this time, there are some who simply cannot perform their work from their living room. Indeed, employees like truck drivers have to keep going to work, and some employees are even working more hours in order to meet consumer demands in light of the COVID-19 pandemic. Truck

Can You Lose Workers' Compensation Over a Drug Test in Florida?

If you have tested positive for drug use in Florida, you may be denied workers' compensation benefits. Here is what you need to know. In Florida, most employers are required by law to provide workers' compensation benefits to their employees. These benefits offer coverage for medical expenses and wage replacement in the event that an

Can Liens Affect Workers' Comp Benefits?

Even when workers' compensation claims are successful, certain liens can affect how much injured individuals receive. When a worker is injured on the job in Florida, they are often entitled to workers' compensation benefits. This compensation provides a percentage of the injured worker's salary and medical bills. However, workers are often surprised to learn that

Is Workers' Comp Hard to Claim for Amazon Workers?

Amazon workers who get hurt on the job may be entitled to compensation, but the company makes it difficult to receive those benefits. Thousands of people place orders on Amazon every day. For customers, the service is a good one. They simply have to choose a product, click a button, and within just a few

PTSD Can Happen from a Work Injury

PTSD is a reality in many workplaces and in some instances, workers can receive workers' compensation for it. Back injuries, muscle strains, and inhaling toxic fumes are just a few of the most common workplace injuries. However, there is another injury sustained on the job that is starting to get more attention. That injury is

How Using Medical Marijuana Could Hurt Your Workers' Comp Claim

If you have been hurt on the job and have been prescribed medical marijuana, you should know about some obstacles you may face. Although Florida has not yet legalized recreational marijuana, the state has allowed the use of medical marijuana. This is good news for individuals that are suffering from chronic pain, undergoing cancer treatments,

What to do About a Late Workers' Compensation Check

As a worker who has been injured on the job in New Port Richey and surrounding areas of Florida, you are entitled to workers' compensation benefits. However, just because you are legally entitled to workers' compensation does not mean that these benefits will be paid on time or in full, despite the fact that they

Construction Workers can Get Seriously Injured, too

The construction industry is one of the most dangerous in the nation; construction workers are injured at a rate that is greater than injuries to workers in nearly any other industry type. At the offices of the Rooth Law Firm, P.A., our experienced workers' compensation and Social Security disability lawyer can help you to understand

How Long is the Waiting Period for Disability Benefits?

As there is a waiting period you must go through before receiving your benefits, it is important to contact our New Port Richey social security disability attorney for help in filing your claim.   Disabilities can occur as a result of accidental injuries or due to illnesses and chronic health conditions. When these impact your ability

Can You Get Financial Help While You Wait on Your Disability Benefits Claim?

There are several ways to obtain financial assistance while filing for disability or while waiting for a decision on an appeal due to a denied claim.   Social security disability payments can provide much needed financial support in the event you are unable to work. However, the claims process can be time consuming and it may

How Does a Pre-Existing Condition Affect Workers' Comp Benefits?

How Does a Pre-Existing Condition Affect Workers' Comp Benefits? Because a pre-existing condition can complicate your claim, it is important to have an experienced Florida workers' compensation attorney on your side.   Work-related injuries can significantly impact your overall health while sidelining your career and preventing you from providing for yourself and your family. Getting the

Is it common for SSD benefits to get denied?

Is it Common for SSD Benefits to Get Denied? SSD benefits have a high denial rate, which is why you need an experienced New Port Richey, FL social security disability attorney on your side. When injuries, illnesses, and chronic conditions leave you unable to work and provide for yourself and your family, social security disability

Is There A Time Limit for Filing a Petition for Workers' Comp Benefits in Florida?

 By not taking the appropriate actions in filing a claim, you could be jeopardizing your rights to Florida workers' compensation benefits.  On-the-job injuries and illnesses can happen in any occupation. When they do, you could be left facing outrageous medical costs while being unable to work or provide for yourself or your loved ones. The

Gov Scott Signs First Responder Bill for PTSD

Governor Scott of Florida Signs a Bill for First Responders with Post-Traumatic Stress Disorder (PTSD) There has been a landmark change signed by Florida Governor Rick Scott. The state of Florida will now cover incidences of post-traumatic stress disorder (PTSD) under workers' compensation insurance for first responders. Post-traumatic stress disorder is an illness that is

Do I Have to Pay Income Tax on Workers' Comp Money

Do I Have to Pay Income Tax on Workers' Comp Money? If you are injured on the job, you may be able to receive workers' compensation benefits. In addition to receiving medical treatment related to your injury, you may also qualify for wage replacement income. You may worry about your tax liability when receiving these

Fired When Unable to Work & On Workers Comp

Can My Employer Fire Me if I am Unable to Work Because of an Injury and am Receiving Workers' Compensation Benefits? Workers' compensation provides payment for medical expenses and partial wage replacement benefits. However, it does not guarantee that a worker's job will be indefinitely protected. At the same time, employers are prohibited from terminating

Factors the Social Security Administration Considers when Awarding Disability Benefits

If your disability prevents you from earning a living, you may be anxious to get started on your disability application. However, it is important that you understand how the Social Security Administration considers your application. The factors that it considers include: Whether you are currently working If you are currently working and your earnings exceed

On The Job Injury

Leading Florida Board Certified Workers' Compensation Attorney Answers Your Common Questions If you are injured on the job, it is important that you know about your rights under Florida workers' compensation laws. You may be able to receive medical care and partial wage replacement. However, there are strict rules in place that you must follow

Before Applying for Disability Benefits in Florida

What You Should Know before You Apply for Disability Benefits in Florida New Port Richey Social Security lawyer explains how to make a stronger case Getting approved for Social Security Disability benefits is notoriously difficult. The majority of applications are denied at first, and many more are denied again on appeal. That's why it's so

Who Pays the Attorney's Fees in a SSD Case in Florida?

Who Pays the Attorney's Fees in a SSD Case in Florida? Hiring a Social Security Disability attorney who is familiar with the complexities of these cases is often a critical component of being awarded benefits. Social Security Disability attorneys are knowledgeable about the standard that must be met in order for a claimant to be

What Impairments Qualify for SSD or SSI?

There are a number of ways to qualify for Social Security Disability or SSI benefits. One way is to meet or equal one of the physical or mental impairments that is included in Social Security Administration's Blue Book of Impairments. If someone has the impairment listed and meets the criteria included in it, he or