Tuesday, June 10, 2008
Internet Safety Florida Private Detective
The internet is an increasingly important place for children to learn, work and play. But it also presents challenges for parents, teens and younger children, especially considering that anonymity that masks users. At CTK INVESTIGATIONS, LLC we are receiving frequent requests from parents for computer monitoring software to ensure their children are safe. We feel this information will prove helpful for parents.
You can help your child avoid online pornography and encounters with predators, hackers and others who would exploit children and their personal information by establishing rules for internet use, and making sure the rules are enforced.
General tips for parents:
· Learn everything you can about the Internet. Have your children show you the sites they visit, learn chat room lingo and acronyms that chatters use (like POS for Parent Over Shoulder; more examples are included on this page). Know what other Internet functionally your child may have access to like instant messaging, chat, e-mail and other text messaging.
· Establish approved Internet time and territory. Make it clear to children what sites they can and cannot visit, what hours they may use internet, and with whom they may communicate.
· Keep the computer in a common area of the home, such as a living room or family room, where adults can easily monitor online activity.
· Discuss the importance of telling you or a trusted adult if something ever makes your child or teen feel scared, uncomfortable or confused while online.
· Consider safeguarding options like site blocking, filtering and monitoring. Enter these keywords into any search engine to learn more about software and browser settings that can help you control where children and teens go online. Know how to set parental controls and check the browser’s history files.
· Show your children how to turn off the monitor when something makes them feel scared, uncomfortable or confused.
· Make sure you are aware of any other places your child may be using the Internet, such as friend’s house or the library.
· Talk to your children about what personal information is and why they should never give it out.
E-mail Safety:
· Check the e-mail your children receive for appropriate content. All too often, e-mail addresses are “harvested” by unscrupulous marketers; the resulting “spam” messages frequently contain adult content.
· NEVER post your child’s e-mail address in any directory.
· Don’t unsubscribe on unwanted, un-requested or unsolicited e-mail. Don’t sign up for free offers (remember, if it sounds too good to be true, it is!)
· Don’t forward e-mails to everyone in your address book.
· Make sure children only exchange email with people they know and let them use chat areas you supervise.
Tips for children and teens:
· Print these requirements and post them near the computer in your home after discussing them with your family.
· Don’t give out personal information such as name, age, address, telephone number, parent/guardian’s name and school name/address.
· Do not respond to mean, offensive, threatening or unwanted email or instant messaging.
· Chose a screen name that doesn’t identify you as a young boy or girl.
· Don’t share your password with anyone (except a parent/guardian) not even a best friend.
· NEVER agree to meet with someone you don’t know. Remember, people online may or MAY NOT be who they say they are.
· Tell your parents, a teacher or trusted adult if you read or see something online that makes you uncomfortable or is someone threatens you or suggests you meet.
Internet Chat Acronyms:
AFAIK = As far as I know
AFK= Away from the keyboard
ASL= Age Sex Location
BB= Bathroom Break
BF= Boyfriend
BRB= Be right back
CUL8R OR CULR= See you later
HW= Homework
IDC= I don’t care
KOTC= Kiss on the cheek
LOL= Laugh out loud
LYL= Love you Lots
LYAS= Love you like a Sister
LYAB= Love you like a Brother
OMG= Oh my G-d
POS= PARENT OVER SHOULDER
SN= Screen name
TMI= Too much information
Please feel free to view our web-page at http://www.ctkinvestigations.com/ , or contact Cory T. Knight for any additional information
Computer Forensics Hollywood Florida Private Detective
Chandra Levy , who went missing on April 30 , 2001, was a Washington, D.C. intern whose disappearance was widely publicized. While her location was unknown, she had used the Internet as well as e-mail to make travel arrangements and to communicate with her parents. The use of this technology helped a computer criminalist trace her whereabouts. The information found on her computer led police to her location, even though she had been missing for one year.
There have been a number of cases at private schools where authority figures have been charged with possession of child pornography. These discoveries were made using computer forensics. By tracking the buying and selling of pornography online, computer forensic investigators have been able to locate people involved in these crimes. They are able to use information found on the computers as circumstantial evidence in court, allowing prosecution to occur.
A final example of how computer forensics is affecting the current workplace is the aspect of security. Employees' work computers are now being monitored to ensure no illegal actions are taking place in the office. They also have heightened security so outsiders cannot access a company’s confidential files. If this security is broken a company is then able to use computer forensics to trace back to which computer was being tampered with and what information was extracted from it, possibly leading to the guilty parties and other potential parties involved.
Hopefully this helps as many people e-mailed me and asked for more information on employment and children monitoring forensics. Feel free to read more on my webpage http://www.ctkinvestigations.com/ .
Thursday, May 15, 2008
Phone Threats - Florida Private Investigator
O'NEILL has been detained since his arrest in Florida on February 19, 2008.
Health Care Fraud - South Florida Private Investigator
E-Scams - South Florida Computer Forensics
The fastest and easiest way to receive your refund is by direct deposit to your checking/savings account.
Cyber Investigations - Florida Private Investigator Computer Forensics
How To Protect Your Computer
The same advice parents might deliver to young drivers on their first solo journey applies to everyone who wants to navigate safely online. A special agent in our Cyber Division offered the following:
- "Don't drive in bad neighborhoods." - "If you don't lock your car, it's vulnerable; if you don't secure your computer, it's vulnerable."- "Reduce your vulnerability and you reduce the threat."
Below are some key steps to protecting your computer from intrusion:
- Keep Your Firewall Turned On: A firewall helps protect your computer from hackers who might try to gain access to crash it, delete information, or even steal passwords or other sensitive information. Software firewalls are widely recommended for single computers. The software is prepackaged on some operating systems or can be purchased for individual computers. For multiple networked computers, hardware routers typically provide firewall protection.
- Install or Update Your Antivirus Software: Antivirus software is designed to prevent malicious software programs from embedding on your computer. If it detects malicious code, like a virus or a worm, it works to disarm or remove it. Viruses can infect computers without users' knowledge. Most types of antivirus software can be set up to update automatically.
- Install or Update Your Antispyware Technology: Spyware is just what it sounds like—software that is surreptitiously installed on your computer to let others peer into your activities on the computer. Some spyware collects information about you without your consent or produces unwanted pop-up ads on your web browser. Some operating systems offer free spyware protection, and inexpensive software is readily available for download on the Internet or at your local computer store. Be wary of ads on the Internet offering downloadable antispyware—in some cases these products may be fake and may actually contain spyware or other malicious code. It's like buying groceries—shop where you trust.
- Keep Your Operating System Up to Date: Computer operating systems are periodically updated to stay in tune with technology requirements and to fix security holes. Be sure to install the updates to ensure your computer has the latest protection.
- Be Careful What You Download: Carelessly downloading e-mail attachments can circumvent even the most vigilant anti-virus software. Never open an e-mail attachment from someone you don't know, and be wary of forwarded attachments from people you do know. They may have unwittingly advanced malicious code.
- Turn Off Your Computer: With the growth of high-speed Internet connections, many opt to leave their computers on and ready for action. The downside is that being "always on" renders computers more susceptible. Beyond firewall protection, which is designed to fend off unwanted attacks, turning the computer off effectively severs an attacker's connection—be it spyware or a botnet that employs your computer's resources to reach out to other unwitting users.
Wi Fi Security Tips - Florida Private Investigator
FBI
You’re at the airport waiting for your flight. With time to kill, you’re thinking of connecting your laptop to the airport's Wi-Fi to check your office e-mail...do some personal banking...or shop for a gift for your spouse.
But first, consider this: odds are there’s a hacker nearby, with his own laptop, attempting to "eavesdrop" on your computer to obtain personal data that will provide access to your money or even to your company's sensitive information.
Here's something else to consider: there are 68,000 Wi-Fi "hot spots" in the U.S. (see the graphic below for the top Wi-Fi countries), at airports, coffee shops, hotels, bookstores, schools, and other locations where hundreds or thousands of people pass through every day. While many of these hot spots have secure networks, some do not, according to Supervisory Special Agent Donna Peterson of our Cyber Division. And connecting to an unsecure network can leave you vulnerable to attacks from hackers.
How do hackers grab your personal data out of thin air? Agent Peterson said one of the most common types of attack is this: a bogus but legitimate-looking Wi-Fi network with a strong signal is strategically set up in a known hot spot...and the hacker waits for nearby laptops to connect to it. At that point, your computer—and all your sensitive information, including user ID, passwords, credit card numbers, etc.—basically belongs to the hacker. The intruder can mine your computer for valuable data, direct you to phony webpages that look like ones you frequent, and record your every keystroke.
“Another thing to remember,” said Agent Peterson, “is that the connection between your laptop and the attacker's laptop runs both ways: while he's taking info from you, you may be unknowingly downloading viruses, worms, and other malware from him.”
Businesses that offer free or ad-hoc Wi-Fi often don't know their networks have been breached. Individual victims usually don't realize they've been targeted either until it's too late. That’s why, according to Agent Peterson, there aren't reliable stats on the number of these breaches, although the FBI does periodically receive reports on them. It's also very tough to trace a hack that originates on an open, unsecure network.
Agent Peterson explained that the criminal aspect comes into play once data taken by the hacker is used to commit a crime. If the hacker, armed with your personal or corporate information or access codes, tries to break into a secured network—whether it’s a case of intrusion, identity theft, bank fraud, theft of intellectual property, or any other type of crime—then law enforcement gets involved.
What can you do to protect yourself? Agent’s Peterson’s best advice is, don’t connect to an unknown Wi-Fi network. But if you have to, there are some precautions you can take to decrease the threat:
- Make sure your laptop security is up to date, with current versions of your operating system, web browser, firewalls, and antivirus and anti-spyware software.
- Don't conduct financial transactions or use applications like e-mail and instant messaging.
Change the default setting on your laptop so you have to manually select the Wi-Fi network you’re connecting to. - Turn off your laptop's Wi-Fi capabilities when you're not using them.
Mortgage Fraud - Florida Private Investigator
We’ve just released a comprehensive new report on mortgage fraud—now posted in full on this website. And, as you might expect given the downturn in the economy and all the troubles in the lending industry, it isn’t a pretty picture.
The information can get quite technical, with plenty of charts, graphs, and hard numbers. But we invite you to take a read if you’re interested in getting educated on the issue—and on emerging schemes that might impact your own pocketbook.
Among the key findings:
... Mortgage fraud is clearly on the rise. Although there is no central way to track the total extent of the problem, we received 46,717 Suspicious Activity Reports related to mortgage fraud last year—compared to 35,617 in 2006 and just 6,936 in 2003. Only seven percent of these reports documented an exact dollar amount in terms of losses, but even so, the total loss from this seven percent was $813 million. Our caseload has also escalated. By the end of fiscal year 2007, we were handling just over 1,200 mortgage fraud investigations—a 47 percent increase from 2006 and a whopping 176 percent increase from 2003.
... The downward trend in the housing market will continue (see forecasts provided by the Mortgage Bankers Association in the report), providing further incentive for shady real estate industry insiders to look for dishonest ways to turn a profit and growing opportunities for scam artists to prey on vulnerable homeowners.
... The subprime lending crisis is a contributing factor to mortgage fraud, both directly and indirectly. Subprime loans, designed for people with poor or limited credit histories, now represent more than 13 percent of all outstanding loans—double the percentage of five years ago. These high-interest, high-risk loans contributed to the 2.2 million foreclosures filed during 2007, up 75 percent from 2006. The trouble actually began when home prices were rising a few years ago, leading to relaxed lending practices throughout the industry and the exaggeration of assets by borrowers anxious to qualify for loans, both of which contributed to fraud.
... The top 10 hotspots nationwide for mortgage fraud in 2007, carefully mapped from multiple public and private sources, were: Florida, Georgia, Michigan, California, Illinois, Ohio, Texas, New York, Colorado, and Minnesota. The north-central region had the largest share of mortgage fraud, followed by the west and southeast regions.
.. The latest mortgage scams run the gamut: from “builder-bailout” schemes where developers unload excess inventory through financial trickery…to foreclosure rescue frauds that trick homeowners into signing over the deed to their house; from seller-assistance scams that use false appraisals to sell homes…to identity theft that leads to home equity credit lines being opened and drained. See the report for more details.
The report also briefly recounts our proactive response to the problem, including our participation in the Department of Justice's Mortgage Fraud Working Group, through which we are helping to identify large-scale industry insiders and criminal enterprises conducting systemic mortgage fraud...our work in multi-agency mortgage fraud task forces and working groups around the country...and our recent “Mortgage Fraud Summit” to discuss the issue with special agents nationwide.
Monday, February 11, 2008
Florida Motorcycle Accident Attorneys
Florida Motorcycle Accident
What should I do if I am in a motorcycle, car, auto, or accident?
As a fellow motorcycle enthusiast, I understand the dangers involved with riding motorcycles on Florida roads, especially the ever so fun I-95 runs. I have compiled some helpful information on what to do following a car, auto, or motorcycle accident. Our years of experience investigating thousands of Florida auto accidents, Florida motorcycle accidents and Florida car accidents has led us to the following helpful information for you: We feel that it is important to call the police and seek medical treatment immediately. Keep in mind that the shock of being in a collision may mask any pain until hours or even days later. Our Ft. Lauderdale, Florida motorcycle and car accident investigators have compiled a complete list of what to do after a motorcycle, car, or auto accident. Most importantly, before you speak to the at-fault driver's insurance company about your injury, contact a private investigator at CTK INVESTIGATIONS, LLC today. As always, please feel free to contact Cory T. Knight at (954) 652-0733, or any of our Florida private investigators for a FREE consultation. If you prefer, you can click here to e-mail us. Our private investigation agency is here to assist you,
How much is my auto accident / motorcycle case worth?
This question is difficult to answer as it depends on many factors:
If someone else's negligence caused the auto accident and resulted in injuries, one of our lawyers can help you obtain any payment you are entitled to for your medical bills plus compensation for pain and suffering. This would include past and future medical bills.
If you were seriously injured and missed time from work, you may be entitled to compensation for lost wages or loss of earning capacity in the future. Our proven Miami, Florida auto accident lawyers can help you retain such compensation.
There is no crystal clear answer to this question or even a proven formula to determine exactly how much a case is worth. Usually the defendant’s insurance company, or in certain circumstances even your own insurance company may offer a bodily injury settlement , uninsured , or underinsured motorist settlement dependent upon many factors. Medical bills, Positive findings on MRI’s, EMG, NCV, or CT scans, Specialists indicating that these injuries were a direct result of the accident and you require some additional medical intervention. Moreover, due to this motorcycle accident you have suffered some permanent damage. Another factor is the liability of the defendant. These are all factors that as Florida private investigators, we can assist you and your Florida motorcycle accident attorney to establish. Our private investigation agency has assisted in literally thousands of injury accidents and has assisted south Florida injury attorneys during trial. We can obtain your medical records and bills from all providers, obtain the complete police report and any supplemental reports, obtain a declaration sheet from the defendant’s insurance as well as yours to have a clear picture of the value of your motorcycle accident case. Furthermore, we can possibly recommend one of the south Florida motorcycle accident or south Florida car accident attorneys that we have worked with to provide you with legal representation should you wish.
How long will it take to bring my auto accident case to a conclusion?
Within the scope of our investigation agency, we have found that the complexity of the accident as well as the particular injuries sustained are just a couple of the components in determining the time frame of the conclusion or settling your Florida motorcycle accident case. We may be able to assist you in resolving your case based on an understanding of their current and future medical conditions, or we can possibly recommend one of the south Florida motorcycle accident attorneys that have successfully assisted our clients over the years. Once our Florida private investigation agency becomes involved with your motorcycle or car accident case, we find that the average car, motorcycle, or auto accident case is resolved within eight to 12 months.
I have full coverage, why am I not covered?
Almost on a daily basis, we hear that, “I have full coverage.” I can count on one hand how many times clients actually do have “full coverage”. Full coverage in Florida, usually indicates you have PIP, BI, UM / UIM, Med-Pay, Umbrella, and stacking when available. Even with all of the above listed coverages, this does not automatically imply that your bodily injury claim will be covered. Our Florida private investigators can either contact your insurance company for clarification on your insurance coverage(s), or we may be able to recommend a Florida motorcycle accident, or south Florida car accident lawyer that has proven results with our clients over the years.
Does my auto insurance cover my motorcycle accident?
Generally speaking in Florida, many motorcycle owners believe that they will be covered by their automobile insurance if they are involved in a crash. Unfortunately, this is not the case. In Florida, insurance is not required for the owner and rider of a motorcycle. Furthermore, the PIP coverage a motorcycle owner may have on his car will not cover the owner if injured on a motorcycle. Our south Florida private investigators can assist you with this process and investigate your claim, furthermore we may be able to recommend a Miami, Florida auto accident lawyer or Miami motorcycle accident attorney that can help answer more of your questions concerning motorcycle accidents in Florida.
What are the MMI and permanent impairment ratings?
As one of the final phases of your claim, prior to your potential settlement, you will reach MMI. Once a physician has decided you are at Maximum Medical Improvement (MMI), some doctor's assign, and insurance company's request, a permanent impairment rating (PIR). This does not mean that you are back to the physical or mental condition you were at prior to the accident, it simply means your condition has stabilized and you have suffered a loss and some measure of permanent bodily injury. At the conclusion of your treatment with a doctor, our Miami, Florida car and motorcycle accident private investigators can request a final narrative of your condition from the treating doctors. We would also request your medical records indicating your raiting from each specialist such as a chiropractor, orthopaedic surgeon, or neurologist. This is generally done pursuant to American Medical Association (AMA) guidelines. A permanent impairment rating technically is not called for as a basis at trial in a Florida motorcycle, or automobile case, but many automobile insurance companies like to have the impairment rating so they can evaluate your case for potential value after your demand is submitted. Our south Florida private investigators can assist you with this process and investigate your claim, furthermore we may be able to recommend a Miami, Florida auto accident lawyer or Miami motorcycle accident attorney that can help answer more of your questions concerning motorcycle accidents in Florida. These attorneys will be more than willing to offer you a FREE consultation, and if they take your case they will work on a contingency basis.
What is my next step?
A comprehensive review of your claim will further be investigated. Illustrations of the accident scene, property damage pictures, property damage receipts, medical bills and records along with a demand to the appropriate insurance company will be prepared. Prior to sending this off to the proper party, a final review will be completed with you to ensure that you did not see any additional physicians or have any special tests such as MRI, CAT scans, EMG, or NCV tests or any lost wages. Once we are confident that we have all of the facts, we will usually complete an asset search on the defendant or responsible party and submit the demand package to the insurance company. Like almost every other paragraph that preceded this,… If you have been injured in a motor vehicle accident, motorcycle accident, or any other scooter or bicycle accident our Miami, Florida private investigators can possibly recommend a Miami motorcycle accident attorney, Miami car accident attorney to assist you with your claim. This can be done at any stage of our investigation and at your request. Call Cory T. Knight at (954) 652-0733 today to discuss your Florida motorcycle, car, bicycle, automobile, or truck accident. If you prefer you can click here to submit a new case form or click here to contact us via e-mail.
For more information on automobile and motorcycle accidents, contact our Fort Lauderdale car accident private investigators and auto accident investigators today for a FREE consultation.
What to do after a Car, Motorcycle, or Auto Accident
Our advice following a Florida car, motorcycle, or auto accident is as follows: The moments immediately after a car, motorcycle, or auto accident require clear, rational thinking to protect yourself and your personal property. There are a number of steps you can take to increase your chances of financial recovery and the amount of that recovery in your Florida motorcycle accident, auto accident, car accident, or bicycle accident case. Our Miami, Florida car, motorcycle, and auto accident private investigators suggest the following steps:
Insist that a report for car or motorcycle accidents be filed with the Miami or Florida State Police, or the police department where the accident occurred.
Document as much as you can about the car, motorcycle, bicycle / scooter, or auto accident or injury itself. Our Miami, Florida car, motorcycle, and auto accident private investigator will need to know every detail about your injuries, any other losses (such as wages) you have suffered as a result of the accident. Moreover, any conversation you had with anyone involved in the accident including any statements to any insurance company.
Talk to no one about the car, motorcycle, or auto accident or injuries other than your private investigator, attorney or physician. You especially do not want to speak with an insurance adjuster. We can, at your request potentially recommend a personal injury attorney that has proven results with many of our cases in the past that will be happy to assist you.
Be sure to take photos of the car, motorcycle, bicycle / scooter, or auto accident scene, including any visible injuries and the vehicles involved. If you failed to do this, document the exact location and our Florida private investigators can take pictures and satellite images to assist with the reconstruction schematic if necessary.
Get the contact information of anyone who witnessed the accident who may be able to help prove your case.
Immediately seek medical attention following a car, motorcycle, bicycle / scooter, or auto accident. Be sure to explain how the injuries occurred to your doctor or surgeon. You need to mention any sensations of pain, radiating pain, disorientation, confusion, memory lapses, or other conditions you have sustained as a result of this accident. Ask the doctor to take pictures of your bruises, cuts, or any visible injuries. If the doctor does not do this routinely, we will be more than willing to document these injuries.
Wednesday, February 6, 2008
Florida Workers' Compensation Employer's Questions - Florida Private Investigator
How does an employer obtain workers' compensation insurance?
Where do I get a supply of the injury report forms that I am required to complete when one of my employees is injured?
Who can I contact with questions or concerns regarding risk classification codes and premium amounts?
Does the injured worker pay any part of my workers' compensation insurance premium?
What kinds of employee injuries are covered?
What injuries are not covered?
Can an employer be liable for double compensation?
As a small business owner, I fail to see how I can be sued by an injured worker if I provide all the necessary care, light duty work, and offer to retrain the employee.
If I suspect an employer should have Workers' Compensation insurance coverage, but does not, or if I suspect fraudulent activity in a workers' compensation claim, where do I report this?
What in the system would prevent an injured worker, who wanted to leave his employer anyway, from claiming to be hurt, waiting out the treatment, still claiming to be hurt and then trying to settle?
Am I required to become a carrier certified drug-free workplace?
Under the Workers' Compensation Drug-Free Workplace Program, can I conduct random drug testing of my employees?
Can I use a breathalyzer as a valid drug testing method?
What if an employee refuses to take a drug test?
If a terminated employee files for unemployment compensation benefits, may I inform the adjudicator that the employee was terminated as a result of a positive drug test?
Can I post the results of my employees' drug tests?
Am I responsible for payment for services when my employee participates in an Employee Assistance Program (EAP)?
How many days does the employee have to re-test the specimen if he or she wishes to contest a positive test result?
Who pays for the drug test?
A:If you are in an industry, other than construction, and have four (4) or more employees, full-time or part-time, you are required to carry workers' compensation coverage (an exempted corporate officer does not count as an employee).
If you are in the construction industry, and have one (1) or more employees (including yourself), you are required to carry workers' compensation coverage (an exempted corporate officer or member of a limited liability company does not count as an employee).
If you are a state or local government, you are required to carry workers' compensation coverage.
If you have additional questions, contact the Customer Service Unit at (850)413-1601.
Reference: Section 2004->Ch0440->Section 02">440.02(17), Florida Statutes.
A: You have several options:
By purchasing a policy from an insurance agent that represents approved insurance companies.
From the Joint Underwriting Association (JUA), http://www.fwcjua.com/locator.asp
By qualifying as an individual self-insured; for additional information, contact the Division of Workers' Compensation at (850)413-1798.
Or, an employer may contract with a professional employer organization (employee leasing) that has secured workers' compensation coverage.
Reference: Section, 2004->Ch0440->Section 02">440.02, Florida Statutes
A: Your insurance carrier is required to provide you a supply of the Form DWC-1 First Report of Injury or Illness. Forms can also be downloaded from the Florida Workers' Compensation web site Rules & Forms page.
Reference: Rule 69L-3.003(5), Florida Administrative Code
A: Call your insurance carrier or service representative. If you have a dispute regarding the risk classification codes, you can call the National Council on Compensation Insurance (NCCI) at 1-800-622-4123.
Reference: NCCI 1-800-622-4123
A: The law is very specific on this point. It is the employer's responsibility to pay the entire premium for workers' compensation insurance coverage.
Reference: Section 2004->Ch0440->Section 105">440.105(4)(a)(2), Florida Statutes
A: The law covers all accidental injuries and occupational diseases arising out of and in the course and scope of employment. This includes diseases or infections resulting from such injuries. The law also covers death resulting from such injuries within specified periods of time. Even if you do not think an injury is covered, you must still file the First Report of Injury or Illness (DWC-1) with your insurance carrier for determination of responsibility within 7 days of your first knowledge of the accident/injury.
Reference: Section 2004->Ch0440->Section 02">440.02(1) & 2004->Ch0440->Section 16">440.16, Florida Statutes
A: The law does not provide compensation for the following conditions:
a mental or nervous injury due to stress, fright, or excitement;
a work related condition that causes an employee to have fear or dislike for another individual because of the individual's race, color, religion, sex, national origin, age, or handicap;
"pain and suffering" has never been compensable in Florida, nor is it compensable in any other state. The employer may not sue an injured worker for causing a catastrophe nor can the injured worker sue the employer for their injury. This trade-off makes it possible for injured workers to receive immediate medical care, at no cost to the injured worker, without any consideration for who was at fault, the employer or the employee. In civil law, negligence must be established through litigation before any compensation is awarded.
Reference: Section 2004->Ch0440->Section 02">440.02(1), Florida Statutes
Compensation will not be paid in several other instances:
if the injury is caused by the employee's willful intention to injure or kill himself or another;
if the injury is caused primarily because the employee is intoxicated or under the influence of drugs;
if the injury or death of the employee is covered by the Federal Employer's Liability Act, the Longshore and Harbor Workers' Compensation Act, or the Jones Act (if the injured worker is a "seaman" or member of a crew).
Reference: Section 2004->Ch0440->Section 09">440.09, Florida Statutes
A: An employer can be liable for double compensation if a minor child is injured while employed in violation of any of the conditions of the child labor laws of Florida. The employer alone, not the insurance carrier, is liable for up to double the normal compensation as provided by the Workers' Compensation Law. To receive further information regarding the Child Labor Law, call the Child Labor Office at (800)226-2536.
Reference: Section 440.54, Florida Statutes
A: Under the provisions of Chapter 440, Florida Statutes, an injured worker has two years from the date of the accident to file a petition for benefits with the Division of Administrative Hearings. If an employer is providing benefits and return to work options, that should be sufficient to meet the ultimate goal of returning an injured worker to gainful employment. However, an employer/carrier's definition of "necessary care" and that of an injured worker may differ. When that happens, the injured worker has no remedy except to file a petition for benefits and have a judge of compensation claims determine whether the benefits that are being provided are sufficient, or if additional benefits not being provided are required by Florida law. If the employer is providing benefits, all expenditures must be reported to the employer's workers' compensation insurance carrier for statistical purposes.
A: Suspected workers' compensation fraud can be reported directly to the Department of Financial Services, Bureau of Workers' Compensation Fraud, 200 E. Gadsden Street, Suite 100A, Tallahassee, Florida 32301, or to the bureau's toll free hotline number at 1-800-378-0445. Suspected fraud can also be reported to the Florida Workers' Compensation, Bureau of Compliance's toll free hotline at 1-800-742-2214. Anonymous calls are accepted. You can also fill out the Non-Compliance Referral Form to report employer's who do not have workers' compensation insurance coverage. This form can be accessed at the Division's website at http://www.fldfs.com/WC/databases.html.
Reference: Section 2004->Ch0440->Section 1051">440.1051, Florida Statutes
A: By law, pain or other subjective complaints alone, in the absence of objective relevant medical findings, are not compensable. However, sometimes these types of claims do occur and they are sometimes settled by insurance carriers for a nominal amount of money to rid the employer/carrier of a nuisance case.
Reference: Section 2004->Ch0440->Section 09">440.09(1), Florida Statutes
A: Compensation will still be paid, but indemnity benefits (partial wage replacement) may be reduced by 25 percent if the employee knew about the safety rule prior to the accident and failed to observe the rule, or if the employee knowingly chooses not to use a safety appliance which the employer has directed him to use.
Reference: Section 2004->Ch0440->Section 09">440.09(5), Florida Statutes
A: If you implement a drug-free workplace program in accordance with the criteria set forth in s.440.102, Florida Statutes, you may be eligible for a 5 percent premium credit from your insurance carrier to your workers' compensation insurance premium. In addition to the premium credit, having a Workers' Compensation Drug-Free Workplace Program may make your workplace safer, resulting in fewer accidents, which may reduce your workers' compensation costs.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes
A: Becoming a carrier certified drug-free workplace is voluntary. However, without the certification, you would not be eligible for any of the benefits provided under this program.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes
A: In addition to the situations in which testing is mandatory, the law does not prohibit a private employer from conducting random testing or any other lawful testing of employees. A public employer may institute random testing of employees in "safety sensitive" or "special risk" occupations.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes
A: Under the Workers' Compensation Drug-Free Workplace Program, the use of a breathalyzer cannot be used as a testing method for initial or confirmation tests.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes
A: If an injured worker refuses to submit to a test for drugs or alcohol, the employee may forfeit eligibility for medical and indemnity benefits. If an employee or job applicant refuses to submit to a drug test, the employer is permitted to discharge or discipline the employee or may refuse to hire the applicant (if specified in the written Drug-Free Workplace Policy), since, by law, refusal to submit to a drug test is presumed to be a positive test result.
Reference: Section 2004->Ch0440->Section 101">440.101, 2004->Ch0440->Section 102">440.102 & 2004->Ch0440->Section 09">440.09(7)(d), Florida Statutes
A: The adjudicator is bound to maintain this information confidential under s.443.1715(3)(b), Florida Statutes, until introduced into the public record pursuant to a hearing conducted under s.443.151(4), Florida Statutes. Under all other instances employers may not release any information concerning drug test results obtained pursuant to section s.2004->Ch0440->Section 102">440.102(8), Florida Statutes, unless such release is compelled by an administrative law judge, a hearing officer, or a court of competent jurisdiction or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding.
Reference: Section 42004->Ch0440->Section 101">40.101 & 2004->Ch0440->Section 102">440.102(8), Florida Statutes
A: All information, interviews, reports, statements, memoranda and drug test results, written or otherwise, received by the employer through a drug testing program is confidential and cannot be posted in any public manner.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes
A: No, but if you choose to pay for an Employee Assistance Program, you have the right to choose the facility providing treatment. If an employee does participate in an Employee Assistance Program, you, the employer, are required to extend the same considerations as reflected under the federal guidelines established for the Americans with Disabilities Act and the Family and Medical Leave Act.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes
A: During the 180 day period after written notification of a positive test result, the employee who has provided the specimen shall be permitted by the employer to have a portion of the specimen re-tested, at the employee's expense, an Agency for Health Care Administration (AHCA) licensed or a USHHS certified laboratory of his or her choice.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102(5)(g), Florida Statutes
A: The employer is responsible for payment of all drug tests they may require. However, if an employee wishes to have the specimen re-tested at a laboratory certified by the Agency for Healthcare Administration (AHCA), it will be at the employee's expense. If the workers' compensation insurance carrier uses a positive test result to determine the compensability of a claim, the carrier would be responsible to cover the costs of the test.
Reference: Section 2004->Ch0440->Section 101">440.101 & 2004->Ch0440->Section 102">440.102, Florida Statutes
Florida Workers' Compensation - Florida Private Investigator
How long after an accident do I have to report it to my employer?
When should my employer report the injury to their insurance company?
My employer will not report my injury to the insurance company. What can I do?
What kind of medical treatment can I get?
Do I have to pay any of my medical bills?
Will I be paid if I lose time from work?
How much will I be paid?
Do I have to pay income tax on this money?
When will I get my first check?
If I'm only temporarily disabled, how long can I get these checks?
Can I receive social security benefits and workers' compensation benefits at the same time?
Can I receive unemployment compensation and workers' compensation benefits at the same time?
What can I do if I am not receiving my benefit check?
If I am unable to return to work until my doctor releases me, does my employer have to hold my job for me?
Can my employer fire me if I am unable to work because of an injury and am receiving workers' compensation benefits?
If I am unable to return to the type of work I did before I was injured, what can I do?
My employer and the insurance company have denied my claim for workers' compensation benefits. Do I need legal representation to get my benefits? What should I do?
What is the time limit for filing a Petition for Benefits?
Is there a period of time after which my claim is no longer open?
Can I get a settlement from my claim?
If I settle my claim for medical benefits with the insurance company and my condition gets worse later, who pays for my future medical care, surgeries, etc?
What can I do when it is difficult to get a prescription filled or I am having problems with the pharmacy where I get my workers’ compensation medication?
Q: How long after an accident do I have to report it to my employer?
A: You should report it as soon as possible but no later than thirty (30) days or your claim may be denied.
Reference: Section 440.185 , Florida Statutes
A: Your employer should report the injury as soon as possible, but no later than seven (7) days after their knowledge. The 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. A copy of the brochure can be viewed on this website under “Publications”.
Reference: Section 440.185 , Florida Statutes
A: You have the right to report the injury to their insurance company. However, if you need assistance, contact the Employee Assistance Office (EAO) at (800) 342-1741 or e-mail wceao@fldfs.com
Reference: Section 440.185 , Florida Statutes
A: The medical provider, authorized by your employer or the insurance company, will provide the necessary medical care, treatment and prescriptions related to your injury.
Reference: Section 440.13(2) , Florida Statutes
A: No, all authorized medical bills should be submitted by the medical provider to your employer's insurance company for payment.
Reference: Section 440.13(14) , Florida Statutes
A: Under Florida law, you are not paid for the first seven days of disability. However, if you lose time because your disability extends to over 21 days, you may be paid for the first seven days by the insurance company.
Reference: Section 440.12 , Florida Statutes
A: In most cases, your benefit check, which is paid bi-weekly, will be 66 2/3 percent of your average weekly wage. If you were injured before October 1, 2003, this amount is calculated by using wages earned during the 91-day period immediately preceding the date of your injury, not to exceed the state limit. If you worked less than 90% of the 91 day period, the wages of a similar employee in the same employment who has worked the whole of the 91-day period or your full-time weekly wage may be used. If you were injured on or after October 1, 2003 , your average weekly wage is calculated using wages earned 13 weeks prior to your injury, not counting the week in which you were injured.
In addition, if you worked less than 75% of the 13 week period, a similar employee in the same employment who has worked 75% of the 13-week period or your full time weekly wage shall be used.
Reference: Section 440.02(28) & 440.14 , Florida Statutes
A: No. However, if you go back to work on light or limited duty and are still under the care of the authorized doctor, you will pay taxes on any wages earned while working. For additional information on Income Tax, you may want to visit the Internal Revenue Service website at: http://www.irs.gov/
A: You should receive the first check within 21 days after reporting your injury to your employer.
Reference: Section 440.20 , Florida Statutes
A: You can receive Temporary Total, Temporary Partial Disability payments or a combination of the two benefits during the continuance of your disability for no more than a maximum of 104 weeks.
Reference: Section 440.15(2) , Florida Statutes
A: Yes. However an offset, or reduction in your workers' compensation check may be applied because the law states that the two combined may not exceed 80 percent of your average weekly wage earned prior to your injury. For further information on Social Security, you may contact the Social Security Administration at (800) 772-1213 or visit their website at http://www.ssa.gov/.
Reference: Section 440.15(9) , Florida Statutes
A: No, not if you are receiving temporary total or permanent total disability benefits as you must be medically able and available for work to qualify for unemployment. For additional information on Unemployment Compensation, you may want to utilize the Unemployment Compensation website at: http://www.floridajobs.org/.
Reference: Section 440.15(10), Florida Statutes
A: Call the insurance company and ask for the adjuster or claims representative. If you still have questions and don't understand why the checks have stopped, call the EAO at (800) 342-1741 or e-mail mailto:wceao@fldfs.com.
Reference: Section 440.14 , Florida Statutes
A: No, there is no provision in the law that requires your employer to hold the job open for you.
A: No, it is against the law to fire you because you have filed or attempted to file a workers' compensation claim.
Reference: Section 440.205 , Florida Statutes
A: The law provides, at no cost to you, reemployment services to help you return to work. Services include vocational counseling, transferable skills analysis, job-seeking skills, job placement, on-the-job training, and formal retraining. To find out more about this program, you may contact the Department of Education, Division of Vocational Rehabilitation, Bureau of Rehabilitation and Reemployment Services at (850) 245-3470 or visit their website at: http://www.rehabworks.org/
Reference: Section 440.491 , Florida Statutes
A: It is your decision whether or not to hire an attorney. However, the EAO can assist you and attempt to resolve the dispute. If unable to resolve, the EAO can further assist you in completing and filing a Petition for Benefits. This service is provided at no cost to you. For assistance call: (800) 342-1741 or e-mail mailto:wceao@fldfs.com. For the location of the nearest EAO, click on: http://www.myfloridacfo.com/WC/dist_offices.html.
Reference: Section 440.191 & 440.192 , Florida Statutes
A: In general, there is a two (2) year period to file a Petition. However, it depends on the type of issue in dispute. You may call the EAO at (800) 342-1741 or e-mail mailto:wceao@fldfs.comfor specific information.
Reference: Section 440.19(1) , Florida Statutes
A. If you were injured on or after January 1, 1994 , the claim is closed one (1) year from the date of your last medical treatment or payment of compensation. This period of time is referred to as the Statute of Limitations. If you were injured before January 1, 1994 , the period is two (2) years.
Reference: Section 440.19(2) , Florida Statutes
A: Settlements may be made under certain circumstances and are voluntary; not automatic or mandatory.
Reference: Section 440.20 (11)(a)(b)(c), Florida Statutes
A: You are responsible for your future medical needs after your claim for medical benefits is settled.
A: In Florida, an injured worker has the right to select a pharmacy or pharmacist. Florida law prohibits interference with your right to choose a pharmacy or pharmacist. However, a pharmacy is not required to participate in the workers’ compensation program. If at any time, you become dissatisfied with your pharmacy or pharmacist’s services, you can seek another pharmacy to fill your prescriptions.
Reference: Section 2006->Ch0440->Section 13#0440.13">440.13 (3)(j), Florida Statutes
Wednesday, January 30, 2008
Burn Injury Information - Florida Personal Injury
The American Burn Association reports that fire and burn deaths occurred over 4,000 times in 2007, 500,000 people required medical intervention for burns, plus 65,000 additional hospitalizations were reported last year. Burns are caused from a variety of reasons such as: when heat or chemicals come in contact with the skin, prolonged sun exposure, chemical burns, tar injuries at work, and a variety of other tissue damage. Burn injuries can cause not only skin damage, but can also cause serious damage to muscles, nerve endings, and other tissues under the skin. This sort of serious injury can cause mobility problems.
Workers’ Compensation Injuries
Coffee Burns from Negligent Supervision (daycare)
Children Playing with Fires
Defective Candles, Heaters, and Fireplaces
Lighters & Matches
Airbag Deployment and Automobile Accidents
Flammable Liquid Fuel Explosions
Scalding Water
Electrical Accidents at home and Work Related Injury
Industrial Accidents
Gasoline Spills
Chemical Contact Burn
Prolonged Exposure to Sun
More information on burns:
First-degree burns are usually limited to redness (erythema), a white plaque, and minor pain at the site o injury. These burns usually extend only into the epidermis.
Sixth-degree burns are burn types in which almost all the muscle tissue in the area is burned away leaving almost nothing but charred bone. Often, sixth-degree burns are deadly. Sixth-degree burns are the highest in the burn category.