What makes a person considered disabled?

The Social Security Administration defines disability in the following way:

“… the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”

In other words, any condition or illness that limits your ability to work for more than a year is qualified to claim disability. This includes a wide range of impairments from cancer and schizophrenia to spinal injuries, brain trauma, and everything in between. Some conditions, like blindness, are easy to prove and can clearly inhibit a person’s work ability, but some cases are more difficult to accurately assess and require guidance from an experienced disability attorney in Orlando to make a veritable claim.

Who determines disability status?

The SSA uses a 5 step process to determine eligibility and benefits.

• • Step 1. An applicant’s income and work activity are evaluated to determine if he or she is above the SGA limit. 
  • Step 2. The severity and expected duration of the applicant’s condition are assessed. 
  • Step 3. The applicant’s condition is compared to the severity of disabilities listed in the blue book.
  • Step 4. The applicant’s work history is evaluated to determine that he or she is unable to reasonably continue work or begin new work.
  • Step 5. The SSA must prove if adjustments can be made to the applicant’s work in order to continue employment.

What is Substantial Gainful Activity?

The SSA uses a standard of substantial gainful activity (SGA) to determine if an applicant’s income is sufficiently hindered enough to claim benefits. In general, if you are unable to earn more than $1,170 per month than you are below the SGA limit.

Can I qualify for automatic approval?

The SSA official Listing of Medical Impairments, also known as the blue book, specifically lists all physical and mental impairments considered to be legally disabling. If you are diagnosed with a condition included on this list, you automatically considered eligible to receive benefits.

Can I still qualify for benefits, even if my condition is not listed as a known disability?

Yes. Any condition that impairs your ability to work is reputable grounds for a claim. Disability lawyers in Orlando, FL can assist you with collecting the necessary evidence to prove your case.

Does my disability have to be permanent?

No, if you have suffered from your condition for at least 12 months, or if your condition is expected to last more than a year, then you have a right to claim benefits. 

Can I still work and claim benefits?

Yes. You may work while collecting benefits as long as your monthly income is not above the set SGA limit. There are certain exceptions for specific cases, so be sure to go over this with your disability attorney in Orlando.

Once denied, can I reapply?

Yes. 90 percent of disability applicants are denied and must reapply.

Do I need to hire an Orlando disability attorney?

In most cases, yes. Multiple cases of fraud make the application process detailed and often difficult, with many possible causes for denial. A single overlooked document, missed appointment, or lost piece of evidence will force you to start the entire process over again. Guidance from qualified disability lawyers in Orlando, FL will oversee all the necessary details and save you time and hassle.

One of the most prevalent difficulties for both employers and employees involves the full knowledge and understanding of workers compensation in Florida. Consulting with a qualified Orlando workers compensation attorney can quickly clear up most fallacies, but all too often people learn of these common errors when it is too late. Below are some of the most frequently heard myths about workers compensation.

Employees are Covered by Orlando Workers Compensation for All Injuries

Agricultural workers, domestic workers, and independent contractors are not covered by the same labor laws and workers compensation mandates as other workers. These regulations vary from state to state as well, so it is wise to speak to your employer about insurance coverage when you are hired.

Certain types of injuries may be difficult to claim under Orlando workers compensation if it cannot be made clear that your injury was part of your work. For example, if you suffer a heart attack or stroke while on the clock, you may have to prove that this incident was a direct result of your work and not an unfortunate coincidence.    

People Claim Workers Comp Because They Do Not Want to Work

Recent studies have shown that most employees are eager and willing to return to work during their recovery. Companies that offer “back to work” programs, provide less strenuous transitional duties during recovery periods, and check in regularly on the well-being of injured employees  see a larger percentage of those employees returning to their original employment. Furthermore, these same businesses end up owing less money towards missed wages.

A large number of injured workers enjoy the routine and familiarity of the workplace and want a return to normalcy without the stress of hiring an Orlando workers compensation attorney. While people tend to believe that fraud is a regularly occurring event, studies have shown that fewer than 2 percent of workers compensation claims are proven fraudulent.  

Workers Compensation is Expensive for Employers

Not only is workers compensation both affordable and valuable for employers but the entire concept was created in order to benefit and protect employers. Before the establishment of this specialty insurance in the United States in the early 20th century, injured workers would sue their employers directly in court. The process was time-consuming, costly, and stressful. Today, when you claim work-related injuries, you are not suing your employer. Instead your Orlando workers compensation attorney will file a ‘Petition of Benefits’ to the insurer of your employer.

My Employer Will File My Claim

Your employer is only required to report your injury to the insurer. Every step taken further in obtaining your claim is the responsibility of you and your Orlando workers compensation attorney.

I Cannot Claim Compensation If It Is My Fault

The Florida Workers Compensation Act mandates that all workplace injuries are protected on a strict “no-fault” basis. Exceptions do exist, however, for cases of extreme negligence. If, for example, a drug test reveals that you were intoxicated at the time of your injury, you will not be eligible for benefits. Also if your employer were to injure you not by accident but in a deliberate attempt to harm you, “employer immunity” would no longer be enacted, and you could sue your employer directly (perhaps trade your Orlando workers compensation attorney for a personal injury lawyer).

I Cannot Claim Compensation As 1099 Employee

Independent contractors are not covered by the same regulations as other employees, but many employers misleadingly have their employees sign 1099s when they do not, in fact, meet the criteria for independent contractors.

According to the Center for Disease Control, 1 in 5 Americans currently suffers from a disability. Unfortunately, most disability claims are denied, and many disabilities go improperly diagnosed. Disability lawyers in Orlando, FL are experienced to recognize a number of common disability traits and build a case for an irrefutable claim for assistance. A better understanding of your disability and how to classify its symptoms will quickly advance your claim so you can receive your earnings.

Difficulty with Mobility

The most common claim for disability in America involves injuries or illnesses that limit a person’s ability to comfortably move around the house or effectively continue work. Back and spinal injuries are especially prominent as they are often accompanied with extreme pain that worsens without proper treatment. Heavy lifting, car accidents, and falls even for someone that was relatively fit, to begin with, can result in lifelong disability.    

Cardiovascular diseases are strongly related to most disability cases and are especially common in the South. Disability lawyers in Orlando, FL frequently represent clients suffering from the consequences of cardiovascular disease. A weak heart can limit a person’s ability to remain active for even brief periods, increasing the risk for further illness with too much exertion.

Cognitive Disabilities

Mental illness exists in many Americans today and can be difficult to properly diagnose. Concussions and head trauma also commonly result in failed cognitive functions that make normal functioning difficult and sporadic. A qualified disability attorney in Orlando will help assess the complexities of struggling cognition in order to thoroughly diagnose how your impairment affects everyday life. 

Despite the stigma, substance abuse is a serious impairment that drastically impacts every part of a person’s life. A physical addiction can cause the body to suffer to debilitating withdrawals and even death if proper treatment is not made readily available.

Vision and Hearing

14 million Americans suffer from vision impairment and 48 million struggle with some degree of hearing loss. In the mildest cases, many people are still able to succeed in a fairly normal home, work, or school life, but many cases require substantial assistance in order to regularly function. Even moderate hearing or vision loss can make everyday chores, difficult, dangerous, or completely impossible.   

Independence and Self Care

Many common disorders make it difficult to run errands, clean house and maintain a generally responsible lifestyle. If you suffer from a neurological disorder like Parkinson’s or epilepsy or a blood disorder like leukemia, the severity of your condition may leave you constantly dependent on a caretaker or force you to make alterations to your home, including the addition of a home lift as seen on this webpage.   

Some conditions leave a person entirely dependent on the help of others. For example, paralysis can require a caretaker’s assistance for using the bathroom, bathing, and eating. Many people suffer from extremity impairments, where hands or feet have become unusable. This condition is common after injuries or arthritis. Your Orlando disability attorney will help ascertain the exact level of care and assistance your case requires.

As an experienced workers compensation attorney in Orlando, we see clients daily suffering
from the surprisingly common workplace injuries of their industry. Jobs that do not always seem immediately dangerous can still expose workers to heavy machinery, falls, illnesses, and other grave risks that often result in hefty medical bills and death. Many responsible employers will emphasize work safety procedures and continued education to protect the well-being of employees but always stay in touch with an Orlando workers compensation attorney to ensure you stay protected.

Construction and Manufacturing

OSHA standards have continually improved the risk of fatalities and injuries for construction and factory workers over the years, but the work is still regarded as one of the most dangerous in America and around the world. The leading cause of fatalities and injuries comes from falling off structures and being crushed by heavy machinery. Safety compliance procedures help reduce the number of yearly incidents, but negligence still occurs at a very high cost.   

Farming

Employees in the farming industry are exposed to an exceptionally high risk of not only heavy machinery but also large animals that are exceedingly more unpredictable. Farming accidents account for hundreds of fatalities and thousands of injuries, including child laborers. 

Roofing

Roofing jobs carry one of the highest incidence rates for work-related deaths and injuries, largely due to falls that contribute to spinal damage, concussions, broken bones, and worse. Because the long-term effects of a fall can be difficult to clearly ascertain, you may need assistance from an Orlando workers compensation attorney to ensure that your total treatment is properly compensated. 

Nursing

Nurses and nursing assistants risk constant exposure to a commonly overlooked workplace threat. Illnesses and diseases brought in by contagious patients will commonly infect their caretakers. Furthermore, working long hours can weaken your immune system, making you more susceptible to colds and influenza. A qualified workers compensation attorney can help recover lost wages for nursing professionals who miss work while battling an illness.

Retail

Recent studies revealed a surprising statistic that retail and warehouse employees suffered from disproportionate numbers of injuries and workplace fatalities. Retailers especially, risk a potentially deadly combination of exposure to illness, falls, heavy lifting, and robberies. According to the National Institue for Occupational Safety and Health, retail employees accounted for more than twice the average fatality rate of warehouse employees.

The most common causes of retail fatality (ordered from highest to lowest): 

• Assaults and violent acts
• Transportation incidents
• Falls
• Contact with objects and equipment
• Exposure to harmful substances
• Fires and explosions

Retail incidents may require assistance from an Orlando workers compensation attorney when the injuries are due to long term strain and not necessarily a single incident. Back and knee injuries are a common complaint among retailers that are not always provided the proper moving and safety equipment.

Veterinarian and Animal Car

Any industry involving animals puts employees at risk for bites, maulings, tramplings, and even scratches that can become dangerously infected. The unpredictable nature of animals, particularly those that sick, injured, or frightened, makes animal care for vet clinics, farms, and zoos, especially high risk.

As a workers compensation lawyer in Orlando, we see a variety of large and small claims throughout the year. Studies have shown that businesses of any size are at equal risk for workplace injuries both minor and major. According to the Travelers Injury Impact Report, the industries of construction, manufacturing, oil and gas, and retail all report regular worker’s compensation claims, although rates have dropped somewhat in recent years.

These are the most common causes of workplace injuries.

Straining from Overwork

Strains and sprains are particularly problematic because over time a mild soreness can easily grow into a more serious ailment. Overexertion and repetition can lead to pain in limbs, joints, and back, but can be difficult to pinpoint towards a specific action. An Orlando workers compensation attorney can help victims suffering from cumulative trauma.

Nearly a third of workplace injuries involve material handling, referring to the lifting, carrying, or moving of a work item. Accidents involving tools made up another large percentage of claims. Everything from muscle strains and inflammation to lacerations and fractures can result from the items we use every day. It is important to recognize the kind of hazards, no matter how seemingly innocuous, that we encounter at work.     

Slips and Falls

A slip and fall, whether outdoors or on a solid floor can leave lacerations, fractures, or worse. The most detrimental fall injuries involve lower level falls, such as from a ladder or rooftop. Potential spinal injuries and concussions can irrevocably change a person’s life in a matter of seconds.

The true extent of a slip and fall injury can be difficult to measure right away. In many cases, critical symptoms of back pain and head trauma are not immediately recognizable, and the Florida statute of limitations restricts how much time can pass before a claim can be filed. Never wait too long before contacting an Orlando workers compensation lawyer.

Vehicular accidents

For truckers and other employees that spend much of their work on the road, car accidents are a considerable risk. Workers in road construction also risk being struck by passing traffic. These claims can include a significant amount of property damage, lost wages, and pain and suffering.

Machinery Accidents

Workplace accidents involving machinery are cause for some of the most costly injury claims, including amputation. Commonly, hands and limbs that become caught or crushed by machinery can take years to heal, if ever, or leave a worker permanently disabled. Coping with the lifelong results of a machinery accident may require the counsel of an Orlando workers compensation attorney.

Workplace Violence

An estimated annual average of 2 million Americans report having been victims of workplace violence. Many employees fail to realize that it is the duty of their employers to provide a safe working environment. This includes recognizing potential fights between employees and maintaining a cordial staff. You are in no way obligated to put yourself at risk to those who pose a threat to you.

Be Prepared with a Competent Workers Compensation Attorney in Orlando

Workplace accidents occur in businesses throughout the country, but that does not make these incidents unavoidable. You have a right to a safe working environment, including proper training and safety protocol, access to safety equipment, and if necessary recompense for medical costs.