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Questions Answered by Domenic J. Celeste
3 Answers | Asked in Car Accidents, Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Exceptions to Florida Workers’ Compensation Immunity

I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?

Domenic J. Celeste
Domenic J. Celeste
answered on Feb 12, 2022

Your question suggests that you also work for the same company as the garbage truck driver (this question is in the work comp section and talks about immunity). If that is the case, your employer would be immune from you suing it unless it purposefully put you in harms way or knew of the harm to... View More

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2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Good morning A dog attack me will I’m working and I broke my elbow I left the work for tow months

I hired a lawyer For personal injury

The insurance cover for dog only 50000$ only

The insurance accept to pay 50000 to me

And after deductible I will get around 27000$

So I say no I refuse the offer my lawyer I can’t get more money because the insurance for dog... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Jan 7, 2022

I'm not sure what you mean by deductible, but, I'm assuming it's for attorney's fees, costs, and, maybe, anything that is owed for your medical care. If that's the case, if $50,000 is the limit, then those things would be deducted from that limit, so you wouldn't be... View More

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3 Answers | Asked in Workers' Compensation for Florida on
Q: Are you able to explain the following Florida Statutes? 443.041 and 443.1715.

Sorry, I was in a rush and didn't realize I didn't add the subsections. I received a copy of a recording of my unemployment appeal hearing and it came with F.S. 443.041(3) (Privileged Communications) and 443.1715(1) (Records and Reports). I was specifically concerned with the phrase in... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Dec 20, 2021

To what is this in reference? It's difficult to attempt to answer a question without some context. Also, FS 440 is the workers' compensation statute, so this question may be under the wrong practice type.

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3 Answers | Asked in Workers' Compensation for Florida on
Q: I am supposed to be in a sling that is not documented per workman's comp doctors but now my manager is telling me to

Off or get a note

Domenic J. Celeste
Domenic J. Celeste
answered on Dec 3, 2021

You should listen to what your work comp doctor says. If the doctor's recommendation to wear a sling is in a medical record, provide it to your employer. If your employer insists that you take the sling off to work, you're violating your doctor's orders. If you listen to your... View More

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1 Answer | Asked in Personal Injury, Workers' Compensation and Civil Litigation for Florida on
Q: Reopen workers compensation case.

My attorney told me that my workers compensation claim wasn't worth anything. I got ran over by a garbage truck on 12-11-2019. I didn't receive surgery until 10-22-2020. My orthopedic surgeon put me on permanent Disability. During mediation my attorney told me the value of my case will... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Nov 16, 2021

Unfortunately, once you've settled your work comp case, and especially when a judge has enforced the settlement, there's not much you can do. Usually, if you disagree with the judge's decision, you can appeal to the First District Court, but they don't usually do much, and, most... View More

2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Just got a letter from a car accident lawyer. What are my next steps?

I was involved in an accident where both parties were deemed at fault by the officer. We traded information through the officer, and I told the other party I would be filing with my insurance when I got home, and they would be hearing from them.

Today, I received a letter from a local law... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Nov 15, 2021

If you have car insurance, it should defend you against the claim being made against you. If you believe you may have a claim against the other party (say you have injuries, car damages, lost wages, etc), then, just as the other party has done, you'd hire your own attorney. Unless you plan on... View More

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5 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: I was assaulted by a Dollar tree manager as a customer, what type of lawyer do I need? Criminal and civil?

A Dollar tree manager assaulted me, threw, my cane, shove me & grabed my phone when I told her I was recording her because she wouldn't do a refund on things I had bought 2 mins. earlier w/receipt even though Dollar tree policy is to do so. As soon as I told her I was recording her she... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Nov 7, 2021

If you want to sue to attempt to get some sort of monetary compensation for any injuries that you claim to have sustained, then it would be an attorney licensed to practice law in Florida and who regularly handles personal injury cases. If you want to press criminal charges, it would be an attorney... View More

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1 Answer | Asked in Contracts, Personal Injury, Workers' Compensation and Civil Litigation for Florida on
Q: Lawyer paperwork

My workers compensation case is done. I moved to another county. I've been contacting my WC lawyer to get my files so I can give them to my personal injury lawyer but she haven't been returning my calls back. Can i get my files from another facility if i live in a different county if... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Nov 3, 2021

I answered this same question under the workers' compensation topic. Here is my answer: "If your case is over and settled, your work comp attorney should have collected his/her costs from the settlement. These are costs for things, like obtaining your records, on the case. Thus, if your... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Does workers' comp cover travel to and from a work location that isn't my main designated place of work?

Contract employer wrote this in offer: "annualized salary of $100,000 (based on working 40 hours/week) + annualized bonus $10,000 (based on working 40 hours/week) and company offered benefits-The annualized bonus covers any expense that may incur as a part of fulfilling job including but not... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 24, 2021

I'm not sure your question belongs in the workers' compensation section as I don't see anything about you being injured on the job. However, if you were injured, you should look into a free consultation with an attorney licensed to practice law in Florida and who regularly handles... View More

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: Workers Compensation

why my workers comp attorney won't send my personal injury attorney my file case?

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 18, 2021

Without more information, it's difficult to answer this question. There can be a host of reasons such as your work comp attorney wanting to be paid by your personal injury attorney for documents that he/she will be producing, etc. Really, though, your work comp and personal injury attorneys... View More

3 Answers | Asked in Criminal Law, Personal Injury and Small Claims for Florida on
Q: I was assaulted in the workplace, how can I sue the individual who assaulted me?

Already working on a PI case against the employer.

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 12, 2021

How you can sue the person is the easier answer: hire an attorney licensed to practice law in Florida and who regularly handles personal injury/assault cases to file a lawsuit. Whether you have a strong, recoverable case with sufficient damages is another question, which also requires hiring an... View More

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3 Answers | Asked in Employment Law for Florida on
Q: Can my boss fire me for working from home without a sitter for my children?

I work from home and I dont have my kids in daycare because I am home with them. My boss found out and got upset

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 12, 2021

You can be fired for almost any reason in Florida (with some exceptions). Another questions is whether you being fired was wrongful or not, which may allow you to make a claim against your employer for your termination. To get an answer, or advice, as to that (more important) question, you should... View More

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2 Answers | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Florida on
Q: In the state of Florida how long do I have to file for any kind of claim/alternative negligence,malpractice etc?
Domenic J. Celeste
Domenic J. Celeste
answered on Oct 9, 2021

For general negligence, it's 4 years from the date of your accident. For malpractice, it's generally 2 years from the time the incident is discovered or should have been discovered. For wrongful death, it's also 2 years. If you have any question about whether you may be approaching... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for Florida on
Q: Got hired, took a drug test and heard nothing back. Worked for 3wks & got fired for failing dt. Anything to be done?

I got hired for a job, took a drug test and heard nothing back. They had me working there for 3 weeks then decided to fire me for failing the drug test. Is there anything I can do? I failed due to marijuana and they took 3 weeks to let me know.

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 12, 2021

I'm guessing that you were not paid for the three weeks that you worked after being hired but before you were let go due to the failed drug test? If so, is your question whether you can get paid for that time worked? More information is needed to answer that question, but it's possible... View More

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1 Answer | Asked in Personal Injury, Civil Litigation, Government Contracts and International Law for Florida on
Q: Got injured on the job

I got injured on the job by a coworker. do I have to accept worker’s compensation?

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 7, 2021

I'm not sure why the labels for this question include government contracts and international law, but, if this is an accident that occurred at work in Florida and is not a Federal Agency, if you were injured on the job, in almost all circumstances, your only choice is workers'... View More

1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: If an employer forces you to take the EUA Pfizer and does not have the FDA pfizer, are they held accountable? Is pfizer

Held accountable for any vaccine injuries?

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 7, 2021

Were you injured in any way allegedly due to the vaccine? It appears not, so I think that this question is a little premature to be asking until and unless something does happens. The only thing that I can say is that you should document everything in the meantime. Don't go looking for... View More

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Libel & Slander for Florida on
Q: I've been trespassed 12X & had 25 - 911 Calls on me w/ Zero Arrests. Do I have a case? I'm in Florida.

I have done nothing wrong. I have Bipolar 1/OCD/Anxiety & some other health issues.

I have no criminal past & no violent history. I've never threatened anyone or been inappropriate with anyone at any of these businesses. Just about all of the phone calls are businesses. One... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 7, 2021

I'm not exactly sure what you are asking here. It seems that you are asking whether you have a case for discrimination due to your Bipolar/OCD/Anxiety disorders against these establishments who've called 911 and that have alleged that you've trespassed. I'm not sure what the... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Florida on
Q: Do I need to sign a release form within 10 days as they requested?

During an extraction for a permanent bridge, I received an injury. Small but am now under another doctor's care hoping it will heal entirely. I requested a refund from the current dentist for the work not yet performed, and have been asked to sign a release but it needs to be done in 10... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 6, 2021

Without knowing what the release says or what you may be waiving by signing it, I don't think any attorney can give you an answer on here. I'd highly recommend that you reach out to an attorney licensed to practice law in Florida and who handles personal injury cases for a free... View More

4 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: I was in a car accident. I ran into the left side of a truck that was parked in the road.

Can I counter sue for injuries!

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 4, 2021

Whether you can sue isn't the question as you can pretty much sue for anything. However, whether you have any chance of recovery is another, and more important, question. A lot more information would be needed to determine whether you may have a viable chance of recovery verses the parked... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: I want to know if I can do something since I came with a life plan for me and my daughter

A cleaning company brought me with a tourist visa to work for 700 dollars a week over time, I accepted and came to South Carolina, they paid me 11.50 an hour and they charged me rent and transportation, they offered to return the investment. of the tickets and they did not, they fired me from work... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 4, 2021

I'm not exactly sure what you are asking. You want to file a complaint for what and to whom? Do you mean you want to sue the cleaning company for not paying you something? Did you have a contract with this cleaning company? Did they pay you anything? A lot more information is needed to provide... View More

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