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Florida Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: How does a teacher protect themselves legally from continual physical threats from a teenage student.

I have filed formal complaints with the administration and the administration simply does not respond - Yet, continues to place me in harms way wth duties that bring me in contact with this volatile student. who know feels empowered to really intimidate and harass me every chance she gets

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 24, 2022

File a complaint with the department of education.

Q: Can I sue my employer for causing me to get yeast infections?

I work at a Twin Peaks restaurant in South Florida which requires me and my fellow servers to wear tight jean shorts for our shifts. I and the majority of my coworkers routinely develop yeast infections from the hot climate, tight shorts, and fast-paced nature of a server position. I believe these... Read more »

Joseph Coughlan
Joseph Coughlan
answered on Oct 10, 2022

In theory, yes. Essentially, you would be seeking medical or lost wage benefits. Damages such as pain and suffering are not available in Florida Workers' Compensation cases. However, it may be difficult to meet the standard of proof required by Florida Workers' Compensation law. The type... Read more »

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2 Answers | Asked in Car Accidents, Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: My son has worked for McDonalds for 20+ years, was in car wreck- totaled car for McDonald errand. Doesn’t have full ins

Doesn’t have full insurance on car and now doesn’t have a car. He is store manager For years) and is on call 7 days a week - goes in on days off etc. got a call at 9pm from employee that the store needed fry boxes asap picked up and needed my son who was at home to go pick up. Used personal... Read more »

Domenic J. Celeste
Domenic J. Celeste
answered on Sep 11, 2022

Since it your seems to have been the one to have caused the accident (unless there was something that the semi-truck did wrong), I don't think your son would have a successful personal injury case verses the semi-truck. Hopefully, your son has bodily injury (BI) protection, which is what the... Read more »

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2 Answers | Asked in Personal Injury, Workers' Compensation and Car Accidents for Florida on
Q: injured in a car accident while driving for Contractor for fedex ground delivering packages on budget truck

Injured in a automobile accident at work while delivering packages for FedEx ground through a contractor. Other vehicle failed to yield right away Haven’t received no workers comp or any kind of pay at all. wasn’t able to perform job duties due to my back injury was so I did not go back to... Read more »

Domenic J. Celeste
Domenic J. Celeste
answered on Sep 6, 2022

It sounds like you have two types of cases here: 1) work comp as you were injured while performing your normal job duties, and 2) personal injury verses the driver of the vehicle that caused your accident. I'm not quite sure why you're not getting work comp benefits, but there's not... Read more »

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1 Answer | Asked in Workers' Compensation for Florida on
Q: Why would workers comp ask me to sign a release giving them access to my social security records?
Domenic J. Celeste
Domenic J. Celeste
answered on Sep 6, 2022

There may be a situation where there would be an offset between work comp payments and social security payments. Work comp might also be looking into your medical history, to which they're entitled, to determine what conditions you used as a basis for social security benefits or to determine... Read more »

4 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: involved in a car accident on 10/11/2021 . Was working for randstad source right which is a contractor for fedex ground

Working delivering packages for fedex ground and a car ran their stop sign failing to yield right away. During impact it threw me all over vehicle causing me to hit my knee on center console which broke off and after impact the company truck I was driving went into the other 2 lane highway . Horn... Read more »

Adam David Rieth
PREMIUM
Adam David Rieth
answered on Sep 2, 2022

You can often treat with providers on "letters of protection" and not pay up front, but out of the proceeds of a case. Generally, medical providers offer this if you have an attorney pursuing an injury case. You should consult with an experienced injury attorney as soon as possible.

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2 Answers | Asked in Workers' Compensation for Florida on
Q: Need a lawyer to represent me in a workers comp case ...
Domenic J. Celeste
Domenic J. Celeste
answered on Aug 29, 2022

There are plenty of lawyers who are licensed to practice law in Florida and who regularly handle workers' compensation cases that are available to provide a FREE consultation to discuss your case and possible representation for same. I'd suggest giving one a call.

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: Is there a time frame in which an employer has to send an injured worker to be seen by a doctor?

I was injured on june 9th and was finally sent to a doctor on june 14th

Domenic J. Celeste
Domenic J. Celeste
answered on Aug 10, 2022

Unfortunately, there is no specific timeframe to be sent to a doctor. 5 days after the date of accident may seem like a long time, but I've seen way longer. Delays in medical care are typical under work comp, even though the Statute says your benefits should be provided quick and efficiently,... Read more »

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2 Answers | Asked in Workers' Compensation for Florida on
Q: Is it possible to get a written statement from my doctor about cause of injury?

My doctor has said several times at my appointment s that it is definitely possible that my injury was caused by my job. He said as far as he is concerned it happened at work its work related however he is not willing to give a written statement. Is there a way legally to get this statement from... Read more »

Domenic J. Celeste
Domenic J. Celeste
answered on Jul 27, 2022

You could get the doctor to testify in deposition about his opinion, but a big question here is whether this is your own personal treating doctor or an authorized doctor. In Florida, only authorized doctors, IMEs (hired experts who aren't treating you), or EMAs (judge's expert) opinions... Read more »

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1 Answer | Asked in Workers' Compensation, Employment Law and Business Law for Florida on
Q: As a single owner construction company LLC, are my personal assets at risk of I lose in court.

My company was setup as a multi owners over the years, my wife and my son were listed also but I changed it only myself to be listed as owner when I renewed this year in April.

I am not sure which way was safer to have it as a multi owner or single owner.

A former guy that worked... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 4, 2022

If he is suing the LLC, and not you, it appears that he is not attempting to go after you personally. That's what "LLC" means, "limited liability company"; in other words, you are not personally liable for the debts of the company.

Depending on the circumstances,...
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1 Answer | Asked in Workers' Compensation and Civil Rights for Florida on
Q: Do I have a workers comp retaliation case. Caucasian workers able to use workers comp without loosing their job.

Wondering if this is a case. I took workers comp and within 2 weeks was let go. I was gas lighted into not taking it when the injury first occurred, then 2 weeks later I wanted to get it checked because the exact pain came back. I found my job listed on indeed before I had my 2nd Apt at the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 28, 2022

Florida Statute 440.105 (2) (a), pertaining to workers compensation, provides as follows:

..l.

"... It shall be unlawful for any employer to knowingly:

...

"2. Discharge or refuse to hire an employee or job applicant because the employee or applicant has...
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1 Answer | Asked in Workers' Compensation for Florida on
Q: I need some assistance to represent myself in a wc case! I have not been able to find an attorney to take over

there is a PFB already granted by the carrier, there is a pending mediation and evidentiary hearing but there is also a motion that my previous lawyer did not respond to and that among other discrepancies is the cause I'm orphan. I know it will be difficult to find new representation, but I... Read more »

Domenic J. Celeste
Domenic J. Celeste
answered on May 24, 2022

There is no way that any attorney could give you guidance to represent yourself (nor should they) with the information that you provided. You NEED to immediately consult with an attorney that's licensed to practice law in Florida and that handles workers' compensation cases, especially... Read more »

2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Drug test for delta 8?

I work at UPS and got injured on the job. They drug test anybody injured on the job to prove whether or not they were impaired. I use legal delta 8 THC, which shows up the same as illegal delta 9 THC on a drug test. They also use a urine test. Could they still deny me compensation/fire me even... Read more »

Gregory C. Maaswinkel
PREMIUM
Gregory C. Maaswinkel
answered on May 5, 2022

The answer depends. Assuming UPS has a valid no drug policy in place and that UPS can prove a valid "chain of custody" of the drug test sample, then there is a rebuttable presumption of impairment that can be overcome by showing evidence that you were not impaired.

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Q: My boss put a ring motion censored audio/visual camera in shipping office without consent, he admitted it was for me

This camera send notifications to his phone whenever the sensor is activated. In midst of an altercation with him he admitted to placing that camera there specifically for me even though there are many people who work in that office I just happen to work alone on night shift. He has stooped as low... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 13, 2022

There are laws against recording people on cameras without their knowledge, but assuming that you knew about it, your boss doesn't need your permission.

1 Answer | Asked in Workers' Compensation for Florida on
Q: I'm on workers comp and have been put on light duty. My employer doesn't call me every day to come in.

Today, they withdrew my entire pay from last week, from my bank account, putting me hundreds in the negative. I only work when they call. Can they do that?

Domenic J. Celeste
Domenic J. Celeste
answered on Mar 18, 2022

I'd highly recommend that you consult with an attorney that's licensed to practice law in Florida and that regularly handles workers' compensation cases because your question raises a bunch of questions that would be best suited for a telephone conference. It's hard to answer... Read more »

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?

Titus Thomas Nichols
Titus Thomas Nichols PRO label
answered on Feb 8, 2022

I'm sorry to hear about this horrible incident. In your sceneario it is possible that both the driver and the company that he was driving for would be liable for your injuries. In Georgia, a company may be responsible for the torts committed by its employees. Additionally, there may be... Read more »

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2 Answers | Asked in Workers' Compensation for Florida on
Q: I am trying to start off as an electrical contractor in Florida. Do i need Worker's Comp if it is just me?

I am unclear through talking to the state and reading. I am the owner, but i am going to do work. It sounds like the WC exemption is for officers only (people who stay in an office, not in the field) Everyone in the field tells me i dont need it, but the law seems to say that i do. The reply from... Read more »

Tim Rose
PREMIUM
Tim Rose PRO label
answered on Jan 19, 2022

Yes. Unless you file and qualify for an exemption.

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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... Read 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... Read 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... Read 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... Read more »

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