Q: Workers compensation contract
I got ran over by a garbage truck while working. I was rushed to the hospital and had to stay for one night. I don't remember signing workers compensation contract. If I was drugged up at the hospital and a workers compensation agent comes in and had me sign their papers, do that counts? Am I able to get out of their contracts?
A: You may have a third party case and the contract you signed could be voidable depending on the unique facts of the case. Discuss with counsel here in Florida about possible contingency fee representation.
A: OK you may have a third-party case as well as a work comp case. The work comp contract that you signed could be voidable depending on the unique circumstances. You should consult in a private phone conversation with counsel here in Florida about possible contingency fee representation on both matters.
A:
You need to contact a member of the Florida Assn for Justice who focusses their practice on Workers Compensation issues.
They give free consults.
Note if the situation is vehicle related, in some states vehicle insurance medical payments can cover the portion of your wages comp doesn't cover. In Pennsylvania it's called "wrap around wage loss." However, Florida has it's own laws, and state law governs workers comp & auto insurance.
All the best for a good recovery.
A: There are not enough important details in your question to be able to get give you a good answer. For example, who owned the garbage truck? Who was driving the garbage truck? Where did this happen? You may actually have both a personal injury claim and a workers compensation claim. You should contact a lawyer that handles both personal injury and workers compensation claims to further discuss your particular situation. Most lawyers that practice this type of law do not charge you attorney fees unless they win.
Tim Rose and Domenic J. Celeste agree with this answer
A: Florida law states that workers' compensation insurance is required when a business has four or more employees, either full- or part-time. ... Sole proprietors and partners are automatically excluded from workers' comp law, but they can purchase coverage by filing for election of coverage Are you an employer? Are you sole practitioner? You should work with a lawyer to sort things out.
Domenic J. Celeste agrees with this answer
A: I'm not sure what you mean by under a workers' compensation contract. Workers' compensation insurance is purchased by your employer to provide injured employees coverage for medical care and lost wages. You don't HAVE to use it to cover your medical care, but, if your health insurance knows that you were injured on the job, it may deny you coverage since the workers' compensation insurance should be covering you. Work comp coverage is, somewhat, automatically applied when you're hurt on the job. If you were injured by a 3rd party (garbage truck here), then you could have both workers' compensation AND personal injury cases; work comp with your employer and personal injury against the garbage truck company. You don't have to choose one or the other; you can proceed with both simultaneously. I'd highly recommend that you hire an attorney licensed to practice law in Florida and who regularly handles both workers' compensation and personal injury cases, or you could hire one attorney for each. I'd recommend getting an attorney who practices both, though.
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