In this episode of Deconstructing Comp, Yvonne and Rafael talk to Paolo Longo, a claimant attorney based in Florida, to explore the realities of representing injured workers, especially first responders. Paolo shares how his career path led him from the state attorney’s office to becoming a dedicated advocate for employees navigating the workers’ compensation system.
He explains the unique legal protections and presumptions that apply to Florida’s firefighters, police officers, and other first responders, particularly around heart disease, hypertension, and other conditions presumed to be job-related. Paolo also highlights the burden-shifting process that makes these cases unique, and why communication and education are at the heart of effective advocacy.
A powerful part of the discussion centers on the fears and concerns first responders face after an injury. Paolo notes that the first question nearly every client asks is: “Am I going to lose my job?” Beyond that, they worry about whether they’ll ever return to work, finish their careers, or continue providing for their families. These uncertainties, coupled with a lack of clear understanding of the claims process, make strong legal guidance and compassionate communication for injured workers essential.
Another key legal point Paolo discusses is the “120-day rule.” While its meaning varies by state, in Florida, the focus of Paolo’s practice, it sets the timeframe for an employer or insurance carrier to decide on a claim. Once an employer begins providing benefits, they have 120 days to either deny the claim or continue paying benefits. If they don’t issue a denial within that period, the claim becomes compensable by law, unless the employer can later prove new “material facts” that weren’t discoverable during the initial investigation.
This rule is critical because it can determine the outcome of a case, whether benefits continue, or whether a carrier can still attempt to deny responsibility for an injury. Paolo explains how this plays out in practice and why it’s such a pivotal part of representing injured workers in Florida.
From candid reflections on the challenges of the system to insights on what truly makes a difference for injured workers, this conversation offers a rare look at the claimant’s side of workers’ compensation.
¡Muchas Gracias! Thank you for listening. We would appreciate you sharing our podcast with your friends on social media. Find Yvonne and Rafael on Linked In or follow us on Twitter @deconstructcomp
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