Coye Law Worker's Comp - April 2019

Coye Law Worker's Comp - April 2019

COYE LAW

Chronicle April 2019 Edition 14 Days to Get Medical Treatment? You’ve Got to Be Kidding Me Wade Coye Attorney

As an attorney, a huge part of my job is understanding how the law can work for an injured or otherwise aggrieved person to ensure they get the compensation they deserve. Just as often, though, my work involves helping people avoid the pitfalls in the legal process that could end up working against them. Like it or not, there are aspects of the law that are designed to benefit insurance companies rather than citizens. These rules and regulations, which are heavily lobbied for by moneyed interests, are put in place to absolve companies of responsibility. One of these laws related to injury cases is known as the Florida PIP 14-day rule. By law, every Florida auto insurance coverage policy has to include $10,000 in personal injury protection (PIP) coverage. In an ideal world, PIP coverage would include your medical expenses in the event of an injury, giving you money to pay your bills while you wait to receive a settlement from the at-fault party. But as you’re surely aware, we don’t live in an ideal world. The 14-day rule, as the name implies, requires injured people to seek medical attention within two weeks of a crash. If they fail to do so, the insurance company has the right to deny all PIP benefits. Yes, that’s right: Your own insurance company, who you pay for protection, can deny that protection because you didn’t see a doctor quickly enough. Their reasoning is that if you don’t get an evaluation or treatment right away, how can they tell if the injury was a result of the accident? That’s a bunch of bullcrap if you ask me. The real reason they put the rule in place is to give themselves an easy out to deny people their benefits. Remember, you may be the insurance company’s client, but they are always watching their bottom line. I see people unwittingly give up their right to PIP benefits all the time. It’s usually for one of two reasons. The first is that many people simply do not have the time to schedule a doctor’s appointment immediately after an accident. Maybe they can’t take a half-day off of work to go get checked out. Their car is probably pretty mangled, and they need the money. Sad as it is to say, there

are also plenty of employers who are not sympathetic to the needs of their workers. It makes no difference to many of them what happened to you — you could’ve been bitten by a shark for all they care — as long as you show up when you’re scheduled to work. If not, you may be fired, which nobody needs in a time of crisis. The second reason, and one that’s all too avoidable, is the “I’m fine” approach. Believe me, I get it. I once messed up my ankle at a charity event and protested to my wife for days that I was fine. “It’s just sprained,” I told her. “I’ll be fine.” Turns out, I had broken my ankle. Toughing it out after a car accident isn’t just foolish from a health perspective; it can mean also your medical bills need to be paid for out of pocket or through your regular medical coverage. That’s pretty insane, right? It may be a law that works actively against the interests of regular people, but it’s the law we’ve got. That’s why I always advise people to get checked out as quickly as possible after a car accident or any other injury. It may be that your injuries are no big deal, but wouldn’t you want to hear that from a doctor? And if you are injured, you are going to be mighty thankful you didn’t wait too long. The only person who might be mad about it is your insurance provider, because you stood up for yourself and took the steps to get the compensation you deserve. -Wade Coye

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‘Hey, Alexa!’ 3 Ways a Virtual Assistant Can Help Get Your Kids Ready for School

more calming way to wake up. If your kid decides to catch a few more z’s and ignore their alarm, you can use some of Alexa’s other features, like Drop In and Intercom, to start a two-way conversation or send announcements to all the kids’ rooms in the house. Reminders and Lists Alexa can also help you check off items from your family’s morning to-do lists to minimize the chaos of weekday mornings. You can create reminders to pack lunches or grab homework, and then all you have to do is ask, “Alexa, what are my reminders?” She will run down the list, so you can hit the road early without the nagging feeling that you left something behind. Make It a Game “Out the Door” is an interactive Alexa game that turns getting ready for school into an adventure for younger children. Each day, kids are given a new superpower and have to defeat a different creature as they complete "missions," which include tasks like brushing their teeth and getting dressed. It makes the process of getting ready for school exciting and gives kids an incentive to fulfill their responsibilities. If you don’t already have an Echo Dot, you can find them at most major retail stores. Make your mornings less stressful by starting with “Hey, Alexa” and going from there. out workers’ compensation claims. They’ll use every loophole at their disposal to avoid paying restitution. And if you don’t have an experienced ally in your corner, they will give you the runaround until you give up. Workers’ comp claims can be protracted and difficult even when you only have one employer to deal with. Dealing with two different companies magnifies the problem. There are two crucial steps you can take to ensure your rights are protected in the aftermath of a workplace injury. First, perform all the necessary steps with both your staffing agency and contracted employer so that neither party can claim ignorance. You have to file an injury report within 30 days, and you should do so with both organizations. They can argue about who is liable, but you shouldn’t give anyone a reason to deny that it happened in the first place. Second, work with an attorney who has experience with joint employment cases. These are not garden-variety fare, and you need somebody in your corner who understands the uniqueness of these cases. At Coye Law, we understand the intricacies of contract workers’ comp cases and can help you get what you deserve. Call us today at 407-901-2712 to learn more.

Even though parents and kids everywhere are getting close to celebrating the last day of school this year, school day mornings are difficult no matter what season it is. Do you feel like you've run a marathon by 9 a.m. every day? Rest assured that you're not alone. Mornings are often the most hectic and stressful part of a parent's daily schedule. Fortunately, there is an inexpensive and popular device that can help take some of the pressure off your morning routine and get your kids to the bus on time: Amazon’s virtual assistant, Alexa! Alarms of All Kinds You can place an Echo Dot in your kid's room and set an alarm that wakes them up to the weather report, a standard alarm sound, or their favorite tunes. You can also program Alexa to turn on a compatible bedside lamp so they wake up to light instead of sound, which offers a

Workers’ Compensation for Temporary Employees Rights, Pitfalls, and What to Know

Ever since the financial collapse of 2008, the number of freelancers, contractors, and other self-employed workers has been on the rise. A recent study from Marist College and NPR found that 1 in 5 American workers now works under contract. While there are some instances where this setup is advantageous to both worker and employer, contracting is used too often as an excuse to treat employees less than fairly. One area where we see contract workers get the short end of the stick is workers’ compensation claims. In our years of experience dealing with such situations, we’ve come to understand the major pitfalls that can occur when a contract worker is injured on the job. For starters, all employees, whether full time or temporary, are entitled to workers’ compensation coverage. The promise in theory is one thing, but actually receiving your compensation is another beast entirely. If you have been assigned a temporary work position through a staffing agency, you may end up in what’s known as “joint employment.” If that’s your situation, you have to be extremely mindful of who is responsible for what.

We’ve seen a number of cases in which the staffing agency and the company in question argue over who is responsible for paying

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No Place Like Home Do you dream of adventure? Do you want to see something new, discover someplace interesting, and make memories you’ll cherish forever? Do you still have to be at work on Monday? Finding adventure doesn't have to mean packing up and trekking across the globe for six months. Being adventurous is all about changing your mindset and looking for the unexpected in the familiar. As you start planning summer vacations, instead of spending a lot of money to be a tourist somewhere else, why not try finding a little adventure at home? Get a Room If you really want to experience your hometown through the eyes of a tourist, try waking up somewhere new. One night in a hotel room or bed-and-breakfast can really put you in the adventuring mindset. Find Local Events Now’s the time to check out the farmers market you’ve been meaning to go to for ages! Then you can swing by that free concert in the park before going to a play at your community theater. Attending local

Be a Tourist in Your Hometown

events is a great way to visit places in town you’ve never been before. You might even find a historical tour that can teach you all about the wonders of your town. Download an app like Eventbrite, or go old- school and check for fun local events in the paper. Appreciate the Arts There are countless tiny museums and cultural attractions all over the place that most people overlook — especially those who have lived in an area for a while. Does your hometown have interesting art installations on Main Street? What about museums dedicated to strange and supernatural phenomena, parks, historical landmarks, or giant robotic farm animals? Check Yelp.com for lists of popular attractions near you, or ask your friends for suggestions. You might be surprised by what your hometown has to offer. You might be thinking, “This is would be great if I lived somewhere fun!” If you’ve ever thought your town was boring, that’s all the more reason to try being a tourist! Adventures can happen anywhere if you just take that first step out the door.

Every month, we give a big shoutout to clients who gave us referrals. This month, we’d like to recognize ...

Coye Law Firm’s Referral All-Stars!

Thank you all for trusting us with the legal needs of your family and friends! Trevor Hoffman George Machado Tania Rosario Tom Pekari

Laugh!

Have a

PASTA PRIMAVERA

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4 cloves garlic, thinly sliced

• • • • •

12 ounces pasta, ideally fusilli

1 pint cherry tomatoes, halved

1/2 pound broccoli florets

1/2 teaspoon crushed red pepper flakes 1/2 cup grated Parmesan cheese, ideally Parmigiano-Reggiano Kosher salt, for pasta water and to taste

2 carrots, shredded

1 yellow bell pepper, cut into strips

1/4 cup extra-virgin olive oil

•

1. In a large pot, liberally salt water and bring to a boil. Add fusilli and cook according to package directions. Add broccoli, carrots, and bell pepper during the last 2 minutes of cook time. 2. Drain the pasta and veggies, reserving 1/2 cup of cooking liquid. Return pasta and veggies to pot. 3. In a large skillet, heat olive oil to medium heat. Add garlic and cook until translucent and golden, 30 seconds. Add tomatoes, red pepper flakes, and 1 teaspoon salt. Cook until tomatoes are wilted, about 2 minutes. Stir in reserved pasta water.

4. Add tomato mixture to pasta pot, stirring to coat evenly. 5. Divide into bowls, top with Parmesan cheese, and serve.

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PRSRT FIRST-CLASS MAIL US POSTAGE PAID BOISE, ID PERMIT 411

Accidents & Injuries Workers’

Probate Family Law Veteran's Disability Long-Term Disability

730 Vassar Street, Suite #300 Orlando, FL 32804

Compensation Social Security Disability

407-871-3811

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How Insurance Companies Deny Medical Coverage 3 Ways Alexa Can Help Get Your Kids Ready for School T H I S I S S U E 1 2 Why Workers’ Compensation Can Screw Temporary Employees Over

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Adventure Awaits (At Home)

Never Judge a Dog by Her Size

Yorkie Doodle Dandy Smoky the World War II Canine Hero

Luzon. The engineers needed help, so Wynne tied a strand of telephone wire to her collar and Smoky ran through a 70-foot- long pipe in a matter of minutes. Without Smoky, it would have taken three days to lay the wire. Her work kept over 250 ground crewmen and 40 fighter and reconnaissance planes out of danger from enemy bombings. In addition to saving lives on the battlefield, Smoky is also considered to be the first recorded therapy dog. She learned a number of tricks to cheer up troops and would visit injured soldiers at the hospital in New Guinea. After World War II, Smoky and Wynne visited veteran hospitals across the United States. “Corporal” Smoky lived for another 10 years after the war before dying on Feb. 21, 1957, at approximately 14 years old. Wynne would go on to write a memoir about his time with Smoky titled “Yorkie Doodle Dandy.” Almost 50 years after her death, a life-sized bronze statue of Smoky was erected at her final resting place in Lakewood, Ohio. Her statue is dedicated to the bravery of all war dogs, and it is a reminder that heroes come in all shapes and sizes.

Considering the stress of combat, it’s no wonder military dogs tend to be tough breeds known for their size and strength.

German shepherds, boxers, and various bully breeds are well- acquainted with the battlefield. But in World War II, the most famous military dog weighed only 4 pounds and stood a mere 7 inches tall. Smoky the Yorkshire Terrier wasn’t exactly what most people associated with Shakespeare’s “let slip the dogs of war,” but her small size is part of what made her such a hero. In 1944, after being discovered beside a foxhole in the jungles of New Guinea, Smoky met Corporal William A. Wynne, an American soldier from Cleveland, Ohio. The two quickly became inseparable, and she stayed by Wynne’s side the entire time he was stationed in the South Pacific. Smoky is credited with going on 12 combat missions, surviving 150 air raids, parachuting 30 feet, and earning eight battle stars. Smoky’s sensitive hearing allowed her to alert Wynne and other soldiers of incoming air raids.

Smoky’s most famous act of heroism occurred when she went where no man could go at an air base at Lingayen Gulf,

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