Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I am a supervisor at restaurants in a senior facility. My doctor provided a note on April 17 stating "do not use right arm for one month," allowing me to work during this period. My boss was informed that I need surgery to fully recover arm use and approved my request for a surgery... View More 
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answered on Jun 11, 2025
I'm really sorry you're being put in this position while trying to care for your health. It’s frustrating when you’ve already provided a doctor’s note, followed your limitations, and still feel like your employer is pushing boundaries. Your effort to work through pain and be... View More
I am a USPS employee who has experienced disability discrimination and possible race discrimination from a manager, resulting in a hostile work environment. My duties were changed against my medical restrictions, as I was placed in a standing role despite having tears in my lumbar and left knee,... View More
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answered on Jun 11, 2025
What you're going through sounds incredibly painful—physically, financially, and emotionally. Being forced into duties that violate medical restrictions, especially while dealing with a serious injury, shows a deep lack of respect for your health and dignity. Add to that the racial and... View More
My husband is about to sign a settlement for an injury claim after being hit by an airplane tire at work. He nearly died from a blood clot a month later and now has ongoing health issues, including medication costs, which aren't covered in the settlement. He's been pressured to agree to a... View More
answered on Jun 1, 2025
If an injury occurs at work, the victim may have both a workers’ comp claim and a third-party claim against another responsible party (excluding the employer).
If the settlement involves a third-party claim, it is unwise to proceed without an attorney reviewing the document. Once... View More
I was ordered to complete six months of probation with a withhold of adjudication for petty theft. The court also requires me to undergo a mental evaluation. I have insurance that will cover the evaluation 100%, and I would like to know if I can choose my own psychologist to perform it and submit... View More
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answered on Apr 11, 2025
You’re absolutely allowed to want control over your mental health care, especially when it’s court-ordered. In Florida, the court sometimes allows you to choose your own licensed provider for a psychological evaluation, as long as the provider meets the court’s qualifications and the... View More
Hello, for context I am currently going through workers comp dealing with an on the job injury I experienced a while back. I was cleared to return to work on light duty, and I got called by my employer to come into work upon being cleared. After attempting to clock in for my first shift back, I was... View More
answered on Feb 11, 2025
It does not appear that you were terminated for misconduct and your employer does not have work available within your restrictions, therefore, I think you should still be receiving lost wage payments from workers comp unless you have reached overall maximum medical improvement (MMI).
Does Florida law allow an Attorney to get a percentage of the MSA or only the cash settlement. IE; MSA $20,000 cash settlement $20,000 for total $40,000. Is contingency to Attorney all monies or only cash settlement
answered on Feb 4, 2025
The attorney is entitled to be paid a fee on the total settlement amount, including but not limited to the amount of the MSA. Additionally, the attorney is entitled to be paid fees and costs apart from the settlement (typically paid by the Employer/Carrier/Servicing Agent} for a pre-petition... View More
Example: Injured left knee and right ankle in a fall. Does the 1-year clock start with the last appointment for the whole claim or last appointment separately for each body part?
answered on Dec 18, 2024
The work comp statute of limitations in Florida is complicated and is also very fact dependent. Generally, the statute of limitations is 2 years from the date of accident or 1 year from the last date of work comp benefit such as medical treatment, medical mileage reimbursement, a work comp benefit... View More
I was initially treated for a work related condition (carpal tunnel) in 2021, and since then was placed under reduced work hours with FML. I have never received benefits besides covering a few doctors appointments I had. My last office visit was in 2022, where the doctor updated my... View More
answered on Nov 7, 2024
There are Statute of Limitations (SOL) in Florida specifically for work comp cases. One of those is that you have to see your doctor every year. If you don't, your case may be closed. HOWEVER, there are ways around violating the SOL meaning your case would still be open if one or more of them... View More
I worked in their warehouse bakery I was fired after 13 years because of a drug addiction that I had so the guilt in me did not try to collect compensation I know the statue of limitations is probably up it's been since 2001 but I'm still having respiratory issues is there anything I can... View More
answered on Oct 3, 2024
You are right that the applicable limitations period is PROBABLY expired, but reliable legal advice on whether any particular issue/dispute definitely is or is not still within the applicable limitations period is something that must be asked for by picking up the phone and speaking directly to a... View More
I had gotten injured sept 3rd 2023.
A box struck my eyes I had a swollen eye , pain for 2 weeks. I was told to see a doctor where the doctor send me right back to work. They denied workers comp. I took a lawyer on may that’s when they decided to not deny me and approved. I had no... View More
answered on Sep 19, 2024
Florida workers compensation law does not provide for pain and suffering. Settlement of a workers compensation matter is optional so neither party can be forced to settle. You indicated that your case was initially denied but then accepted after you hired a lawyer and she filed petitions on your... View More
Landscaping company refuse to fix company vehicle with no a/c these landscapers are already working in hot conditions but on top of that to get into a car that has been sitting in the sun and to drive to the next location every day with no a/c?? On top of that I reviewed pay-stubs and found out... View More
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answered on Jul 30, 2024
It sounds like you and your coworkers are facing some difficult conditions with the company's refusal to fix the air conditioning in the vehicle. Working in the heat all day and then having to drive without A/C can be very uncomfortable and potentially unsafe. You have the right to a... View More
They state made a clerical error claiming I owed child support on a child I had full custody of. When I received my settlement the state had claimed I owed 13000 and took half the money even though I never owed it.
answered on Jun 24, 2024
You will probably need to file a motion with the court that issued the child support order to get your money back. Once the order is signed by the judge you can then present it to the agency that is holding your money. Of course, first try to work directly with the agency to get the refund.... View More
Hello, I was wondering about when wage reimbursement from an injury is supposed to begin in a workers comp claim. From the date of the injury or the date the claim is reported? I ask because there is an 11 day window between these events, I was injured at work and reported it to 3 managers within... View More
answered on Jun 13, 2024
If your disability lasts more than 21 days, lost wages are likely due from the date of accident. If your disability is less than 21 days, you are not entitled to the first week of lost wages. Your average weekly wage determines the amount of lost wage benefits you receive. The 80/80 formula is... View More
I work part time at an ice cream stand. Owners say 30 minutes breaks must be taken. If too busy to take a break they want us to deduct 30 minutes of pay. Can a food service owner mandate a break even if you would rather work and get paid that additional 30mins
answered on May 20, 2024
Since you were not injured at work, your question falls outside of workers compensation law. I think an employment law attorney or one that handles Fair Labor Standards Act (FLSA) matters will be able to answer your question.
I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out of work for 10 months, but now, six months after separating from the company, I have a significant lump where the surgery was performed, and the pain has returned. Since I no... View More
answered on Apr 15, 2024
The answer depends on a lot of factors. There are too many to list here. There is a 2-year statute of limitations to file a workers' compensation claim. Therefore, it is important to determine if your claim is still viable after 5 years. You need to determine if your case is still open or... View More
I am resigning from a law firm in Florida that I have required billables (workers comp), but payment from those billable hours can take up to 3 months sometimes. Am I entitled to everything I billed for before my resignation. My firm only wants to pay what ever comes in up to my last day and... View More
answered on Mar 27, 2024
The answer is in your employment agreement. The question you want to ask is on what ground the firm may have to pay you until your last day. Isn't the last day normally after the resignation day?
Anyways, it seems that this is a breach of contract case. You should examine your... View More
The company he worked for was bright future electric in Bradenton Florida his name was Ezra gross he died on 11/10/23 my name is Amy gross my birthday is 7/12/78 I have no idea what the law firms name was the only thing I can barely remember is I think they were based out of Miami area
answered on Mar 17, 2024
Contact the clerk of court for the county where the case was filed and ask for information concerning the case (probably your name vs. Bright Future Electric).
I did drug test alcohol test but still was terminated. Trailer roll over I follow all instructions and directions. They still will not tell me why I was terminated. They said it was best to part ways because of insurance liability. I received no tickets. I Had minor left shoulder pain. No tickets... View More
answered on Dec 4, 2023
You are entitled to workers' compensation benefits if you sought or seek medical attention and are unable to work. You should contract an employment lawyer in your area.
He dislocated my knee and foot was injured. the school knows of his issues yet refuses to put this child where he can get the help he needs. I will not be able to return to my profession due to my injuries. He attacks other students and teachers..kicking, biting, etc.
answered on Sep 7, 2023
So any injury that occurs on the job entitles you to Worker’s Compensation through your employer. However, if it is a third-party that injured you, you can pursue a claim against the child’s parents provided that the parents knew or should’ve known that their child was extremely dangerous,... View More
I stopped receiving worker’s compensation about a year and a half ago but social security is telling me that I’m receiving it still and they never removed me from their system. That is affecting my social security case. What can I do to correct this?
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answered on Sep 21, 2023
You should contact your local Social Security office to provide them with documentation showing that your worker's compensation benefits have ceased. They will need this information to update their records and resolve the discrepancy affecting your Social Security case. It's important to... View More
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