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 »
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 »
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 »
Sure, work comp can deny you compensation and your employer can fire you, but that doesn't mean they are correct or won't suffer consequences for same. Assuming UPS is a drug-free workplace, there would be a presumption that your injury was due to intoxication, but this can be overcome if...Read more »
Like instead of giving employees a 5% discount or something, you can invest in our company to be an "owner" of our private stock. Essentially forcing all employees to invest in the company. Even part timers have to work over 1,000 hours in a year to get enrolled into their stock... Read more »
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 »
I'm not quite sure what you mean by your employer's "accident policy." Are you talking about its workers' compensation insurance policy or your employer's short/long-term disability policy? Work comp is tax free whereas short/long-term disability is taxable. I think...Read more »
Feb 2nd I was doing the speed limit of 65mph around 7pm which was dark out. Upon reaching the top of a hill instantly saw a vehicle stopped in my lane w/out hazards on and rear ended them. I Driving 2010 Buick Enclave w/zero open recalls.but upon impact my seatbelt didn’t lockup nor did a single... Read more »
Firstly, do you have your own car insurance? If so, you need to report this accident to them immediately. If you have car insurance, hopefully they can pay the cost to replace your vehicle, although, I'm sure, it won't be much considering the year of the vehicle. Did the police come to...Read more »
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?
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...Read more »
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 »
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 »
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.
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 »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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... Read more »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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...Read more »
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