NOYES LEGAL NEWS

What About the Injured Workers?

They want you to think it is a good thing, but is it?

Although Florida Insurance Commissioner Kevin McCarty has approved a proposed rate decrease of 6.8 percent for all new and renewal workers' compensation insurance, the injured worker is still left out of the calculation.

Don't get me wrong--I am glad that employers are getting a reduction in their work comp premiums. I simply think that Florida's present workers' compensation system is broken and the workers' comp carriers have too much power over the lives of injured workers and their families.

The workers compensation carrier dictates what doctor the injured worker has to treat with. In almost all situations, the injured worker cannot see a doctor of his choosing without having to pay approximately $1,000 for the visit. The work comp carrier decides if and when to pay wage benefit with little penalty for delay. Although the workers' compensation law says the carrier shall "pay and investigate" if there is a question as to whether there is a compensable accident, most carriers have decided to "deny and starve out the injured worker" instead. If the general public only knew what some injured workers have to go through to simply get the few workers' compensation benefits they are entitled to!!!

So, legislators and the Insurance Commissioner can throw a party that workers' comp rates are reduced for a 7th year and keep on ignoring the plight of the injured worker. Ignore how benefits have been ripped away from the injured workers for the past 7 years. Ignore how the injured worker cannot be on a level playing field with the insurance company with litigation is required. As for me, I will continue to fight to be a voice of the injured worker in a system that simply doesn't want to hear from them.

If you or a friend are battling the workers' compensation carrier, don't try to do it alone. Click here to schedule a free case consultation with Workers' Compensation Attorney Matthew Noyes.

Acknowledging Chiro Care During National Chiropractic Month

Whether it is from a car accident, workers comp claim or other event, chiropractic care provides significant relief to many people each year. As a personal injury attorney, I have seen the benefits of chiropractic care on my clients.

In acknowledgment of their service to my clients, I want all to know that October is National Chiropractic Month. Previously celebrated as Spinal Health Month, National Chiropractic Month is a platform to get the word out about the importance of spinal health.

Chiropractors are trained to diagnose and treat what are called spinal subluxations. The word “subluxation” comes from the Latin words meaning “somewhat or slight" (sub) and “to dislocate” (luxate). So the term ‘vertebral subluxation’ literally means a slight dislocation or misalignment of the bones in the spine.

When a subluxation occurs, a chiropractor can correct the misaligned bone and allow it to return to its proper position. This procedure is appropriately called an adjustment, and the adjustment enables the body to heal. Left untreated, subluxations can result in spinal injury such as chronic pain, inflammation, arthritis, muscle trigger points, the formation of bone spurs, loss of movement, as well as muscle weakness and spasm.

If you are experiencing headaches, neck pain or back pain (whether or not it is from an automobile accident, motorcycle accident, or workers' compensation claim), you should consider chiropractic care. Talk to your doctor, friends and family about which chiropractor would be best for you.

If you have legal questions about your rights after a car accident, motorcycle crash, work comp claim or other personal injury matter, click here to arrange a free case consultation with Personal Injury Attorney Matthew Noyes. Remember, insurance companies have attorneys working for them, so should you!

Timing is Everything in Seriously Injured Trauma Patients

Some car accidents can lead to multiple fractures that one would think would need hours in the operating room. A bad workers' compensation injury can also result in serious conditions which may require hours of operations. However, a review article published in the September 2009 issue of the Journal of the American Academy of Orthopaedic Surgeons (JAAOS) explains that trauma patients who have several orthopaedic injuries and are considered to be in unstable condition should only have a few hours of surgery when first arriving at the hospital.

According to the article, the benefits of initially limiting time in the operating room for patients with life-threatening injuries include:

1. Less blood loss during surgery;
2. Fewer complications in the intensive care unit;
3. Less stimulation to the immune system; and
4. Higher patient survival rates.

According to the lead author, too many surgeries and blood loss can weaken the immune system and can lead to a higher likelihood of experiencing complications after surgery. The article argues that in trauma patients with life-threatening injuries, it often is best to use an external fixator (where pins in the bone are connected by an external bar) to stabilize an orthopaedic injury to stop initial pain and bleeding. Only later, once the patient is stable, should the surgeons begin other more invasive and time-consuming operations.

So, don't be surprised if you read that someone seriously injured in an automobile accident, motorcycle crash or workers' compensation case only had a few hours of surgery initially. Likely, they would be going in for more after they become stable.

If you or a family member has been injured in a Florida car accident, motorcycle crash, workers' compensation injury or other personal injury matter, it is recommended that you talk with a personal injury lawyer before talking with the insurance companies. Remember, insurance companies have attorneys looking out for their best interest--so should you! Click here for a free case consultation with Personal Injury Attorney Matthew Noyes. With offices throughout Tampa Bay, Attorney Noyes can accommodate your needs.

New Website to Report Florida Workers' Compensation Fraud

Although the politicians and carriers don't want you to know it, it's not always the injured worker who is committing workers' compensation fraud. Many Florida employers commit workers' compensation fraud all the time. A new web site accepting whistleblower complaints on Florida workers' compensation has produced hundreds of new complaints in just months of operation and has resulted in $526,000.00 in penalties.

The new Florida workers compensation whistleblower website allows Florida citizens to submit referrals of alleged violations of workers compensation rules. Examples of non-compliant workers' compensation coverage include working without workers' compensation, under-reporting payroll such as paying employees in cash instead of from checks from payroll, and misclassifying employees in order to receive a lower workers' compensation rate.

Since the site was launched in June, Florida Chief Financial Officer Alex Sink it has received 328 referrals online. As a result of those referrals, 36 stop-work orders were issued. "Florida workers who are injured on the job can face devastating medical bills and serious financial hardship if their employers aren't properly covered, which is why we want to make it as easy as possible for whistleblowers to report possible violations of workers comp rules," said Sink.

The website makes it easier for any citizen to submit a complaint about suspected non-compliance with workers compensation rules and provides real-time feedback to complainants. The complainant remains anonymous.

If you know your employer doesn't carry the required Florida workers' compensation coverage, you should utilize this website or else face the risk that you and your co-workers will not be covered if you are injured at work.

For more information about your legal rights after a Florida workers' compensation claim, click here to contact Attorney Matthew Noyes. Attorney Noyes is the Director of his firm's Workers' Compensation Department. His Tampa Bay law firm has been fighting workers' compensation carriers since 1955.

Finding Your Employer's Workers Compensation Carrier When They Won't Tell You

If you get hurt at work, your employer should report the workers' compensation injury to their work comp carrier as soon as possible, but no later than seven (7) days after their knowledge. The workers comp insurance company must send you an informational brochure within three (3) days after receiving notice from your employer. The brochure will explain your rights and responsibilities, as well as provide additional information about the workers' compensation law. But what if the employer will not report your injury? What can you do?

The Florida Workers' Compensation law permits an injured worker to report a workers' compensation claim. However, you cannot report the claim if you do not know who to report it to. That is why the Florida Division of Workers' Compensation provides a database wherein you can type in your employer's name and be provided with the workers' compensation carrier's name and contact information. Click here to be connected to the employer compliance database.

Unfortunately, the Florida workers' compensation system has become a battleground for injured workers to get benefits. The law takes away the right to sue the employer for negligence in exchange for providing workers' compensation benefits, but makes it harder and harder to get fewer and fewer workers' compensation benefits.

If you are fighting the insurance carrier to get Florida workers' compensation benefits, don't do it alone. Click here to schedule a free case evaluation with Personal Injury Attorney Matthew Noyes.

Are Florida Injured Workers Crooks?

Florida's workers' compensation law--until you're in, you don't know how bad it is for the injured workers! 

I usually write a long article about topics, but today I will leave my talking to the Palm Beach Post. Their column, Injured workers are crooks (and other wisdom from the Legislature), said it better than me.

If you or a loved one is injured in a Florida workers comp claim, you need to talk to an attorney about your rights.  It will be harder to find one nowadays, but my personal injury firm and I will continue to fight for injured workers and fight the legislature the best we can.  Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

New Hope for Those That May Need Ankle Fusion

Anyone who has suffered an ankle injury knows how painful it can be. Just ask my daughter, she is still in her "boot" after sliding into second base about 5 weeks ago. Fortunately, my daughter only sprained her ankle. Presently, I have two clients that fractured their ankles after falling off roofs in a workers' compensation injury.

Those with severe ankle injuries have new hope for pain relief. The U.S. Food and Drug Administration approved a total ankle replacement system that may preserve some range of motion in the joint. The new prosthesis is a mobile-bearing device, which relies on bearings that move across a surface of polyethylene, a flexible plastic.

The Scandinavian Total Ankle Replacement (STAR) System is an alternative to fusion surgery and may allow for greater rotation and movement in the joint. Fusion surgery involves cementing the shin bone (tibia) - the thicker of the two bones in the lower leg - to the talus bone in the ankle. The procedure stabilizes the ankle, but significantly decreases the ability to move the foot up and down.  The newly approved STAR system is better.

If your doctor is talking about an ankle fusion after a workers' comp claim, motorcycle accident or car accident, talk to him or her about this new procedure. If you have questions about your legal rights after an ankle injury, contact Personal Injury Attorney Matthew for a free case consultation.

 

New Recommendations For Low Back Pain or Injuries

New recommendations are made for care of lower back pain. Some surprise me after years of representing people who suffer low back pain from a car accident, motorcycle crash, or workers' compensation claim. Low-back pain is the fifth most common reason for doctor's visits and accounts for more than $26 billion in direct health care costs nationwide each year.

According to a recent article in Medical News Today, the American Pain Society (APS) has issued guidelines for low back pain that emphasizes the use of noninvasive treatments over interventional procedures. Based on the data the panel gathered, the APS now recommends:

1. Against the use of provocative discography (injection of fluid into the disc in order to determine if it is the source of back pain) for patients with chronic nonradicular low-back pain.

2. The consideration of intensive interdisciplinary rehabilitation with a cognitive/behavioral emphasis for patients with nonradicular low-back pain who do not respond to usual, non-interdisciplinary therapies.

3. Against facet joint corticosteroid injection, prolotherapy, and intradiscal corticosteroid injections for patients with persistent nonradicular low-back pain, and insufficient evidence to guide use of other interventional therapies.

4. A discussion of risks and benefits of surgery and the use of shared decision making with reference to rehabilitation as a similarly effective option for patients with nonradicular low-back pain, common degenerative spinal changes, and persistent and disabling symptoms.

5. Insufficient evidence to guide recommendations for vertebral disc replacement.

6. A discussion of the risks and benefits of epidural steroid injections and shared decision making, including specific review of evidence of lack of long-term benefit for patients with persistent radiculopathy due to herniated lumbar disc.

7. A discussion of the risks and benefits of surgery and use of shared decision making that references moderate benefits that decrease over time for patients with persistent and disabling radiculopathy due to herniated lumbar disc or persistent and disabling leg pain.

8. Discussion of risks and benefits of spinal cord stimulation and shared decision making, including reference to the high rate of complications following stimulator placement for patients with persistent and disabling radicular pain following surgery for herniated disc and no evidence of a persistently compressed nerve root.

So, if you are experiencing low back pain from a car accident, workers' compensation claim, motorcycle collision, or other personal injury matter, consider these new recommendations and talk to your doctor about them. An informed patient often has better recovery.

If your injury is caused by the negligence of another, you should talk with an attorney who understands Florida's personal injury law. Personal Injury Attorney Matthew Noyes has been in the personal injury field for over 20 years. His Tampa Bay personal injury law firm has been caring for clients after car accidents, motorcycle crashes and other personal injury claims for over 54 years. Click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

Florida Legislature Ignores Workers Comp Claimants Again

The Florida Legislature didn't do much during the Legislative Session--not enough to keep us taxpayers from having to pay for a Special Session for the budget--but they were able to kiss the feet of the business and insurance lobbyists that fill their pockets by passing a bill that would prevent the injured workers from being able to fight the insurance companies for workers' compensation benefits.

In 2003, the Legislature tried to do the same thing and the Florida Supreme Court said they were wrong.  Now, the Legislature thumbs their nose at the Supreme Court and the injured workers in Florida by, in essence, writing the same law that was found wrong.  Why?  Because profit comes before people in Tallahassee.

With the new law, an injured worker on Florida workers' compensation will have a hard time finding an attorney when the insurance company denies them benefits because the Legislature caps the injured workers' attorneys' fees without putting any cap on the workers' compensation carrier's attorneys' fees.  It's unfair and it is wrong!

I have written my letter to Governor Charlie Crist telling him to veto it.  You can too by clicking here to contact Governor Crist.  If you don't get involved to try to prevent this Bill from being passed, you don't have the right to complain when you or a loved one cannot get workers' compensation benefits.

Despite the efforts of the Florida Legislature, Personal Injury Attorney Matthew Noyes has been representing injured workers in the Florida Workers' Compensation system for years.  I will continue to battle the workers' compensation carriers.  If you or your loved one has been injured at work and has filed a Florida workers' comp claim, click here to schedule a free case consultation with Personal Injury Attorney Matthew Noyes.

Pain Medication a Killer After Surgery, Study Says

Pain medication can help, but it can also kill. According to a very recent study, pain medications are involved in more than 20 percent of deaths occurring in the years after spinal fusion surgery for low back pain. The study looked at 2,378 workers' compensation patients who underwent spinal fusion surgery in Washington State between 1994 and 2001 and found that 103 had died by 2004—21% of the deaths were linked to pain medications--19 were accidental overdoses and three were suicides.

According to the study, the use of spinal fusion (also called lumbar fusion) is growing rapidly, despite a lack of agreement over which patients should undergo the procedure. This is of special concern because spinal fusion carries a higher risk of complications than other, less extensive surgical procedures.

 

If you or a loved one is contemplating back surgery, talk with doctors in other specialities to determine if there are better options for you. There may not be and you may need to have the surgery. However, chiropractic care, physical rehabilitation, and other non-surgical treatment may provide relief. Also, be careful when taking pain medication. Watch your loved one who is taking pain medication. It is too easy to unknowingly abuse the medication which could result in death.

 

If your need for treatment is because of a car accident, motorcycle accident, workers’ compensation accident or other personal injury matter, click here to contact Personal Injury Attorney Matthew Noyes to discuss your legal rights. Attorney Noyes’ Tampa Bay personal injury law firm has been fighting for the injured since 1955.