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Florida Workers' Compensation Questions & Answers
Q: Can my husband get a huge check after getting struck by lightning?

A while back my husband got struck by lightening on the job along with 3 other people on a field. the dairy gave him workers comp. But just yesterday he found out not even by his boss but by an ex-employee he was fired; due to getting contractors to do their job. My Husband worked on the fence... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

Contact a member of the Fla Justice Assn that handles comp--they give free consults. Your husband needs to find out when he can go to a doctor of his own choosing. Generally that's all your husband will get.

1 Answer | Asked in Workers' Compensation for Florida on
Q: If I accept a settlement for my workers Comp case do I have to forfeit my job?

My job allowed me to return to work then while meeting my lawyer I was told I can't not work for my employer if I agreed to take the settlement

Catherine Little Hunt
Catherine Little Hunt
answered on Aug 12, 2017

It sounds like you are represented by counsel, and that is a good thing when attempting to settle a workers' compensation claim. It is quite common for insurance carriers to seek a resignation from employment as condition to settlement. In Florida, neither the carrier nor the injured worker... View More

1 Answer | Asked in Workers' Compensation for Florida on
Q: I a case of workmans compensation after a settlement is done and the judge sign the order (June 5th) and give the payor

30 days, by law I should get my check not later than July 5th? Am I right?

Catherine Little Hunt
Catherine Little Hunt
answered on Aug 13, 2017

Actually, it depends on what you agreed to in the documents you signed for settlement. If there is no reference to a time period within which the lump sum settlement is to be paid by the Employer/Carrier, and assuming you are represented by counsel in this settlement, the carrier has 14 days to... View More

1 Answer | Asked in Workers' Compensation for Florida on
Q: Received letter saying they are now denying m6 benefits for missed appointments, which isnt true. Do my benedits stop?

I was injured 4 months ago they were paying than this week i get a letter saying they are denying my benefits now for missed appointment, which isn't true. Can they just stop my benefits with out an approval from a judge? What is the legal process of something like this? Prior to all of this... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Jun 25, 2017

You have an attorney and should set a meeting to go over this with him or her.

But yes if you are not being compliant they may stop paying disability

Again your attorney filed a petition so you are being protected

1 Answer | Asked in Arbitration / Mediation Law, Employment Law and Workers' Compensation for Florida on
Q: 3 Year Case Without Mediation. Confused, please help?

My father has a 3 year old workmans comp case that is ongoing. His workmans comp lawyer advised my father at both medications that he should not accept the insurance companies offer. Taking the advise of his lawyer, he declined the offers. The last mediation was scheduled for March, however when... View More

Mitchell Feldman
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Mitchell Feldman
answered on Jun 21, 2017

The insurance company has no obligation to settle.

If you cannot get it done or push them you can obtain new counsel who may have fresh ideas and strategies to get them to the table.

2 Answers | Asked in Health Care Law, Personal Injury and Workers' Compensation for Florida on
Q: My case manager for sedgwick asked me if i wanted to continue medical care or did i want to reach a set

She wont go into detail and i have no idea what i should do it have not received a check since April and now have my payment suspended do to non compliance i feel as if i am in the wrong no matter what i am a single mom of 3 and I am being punished for not having my cell phone service on due to... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

You need to contact a member of the Fla. Justice Assn who handles workers compensation. They give free consultations.

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1 Answer | Asked in Workers' Compensation and Social Security for Florida on
Q: I'm set to retire will that affect my workers comp that is pending?
Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Jun 25, 2017

Not medical benefits under work comp. If you are working now and retire but later become disabled you probably cannot qualify for disability wages

You may want to consider getting an attorney to help consider a settlement

1 Answer | Asked in Workers' Compensation for Florida on
Q: I fractured my Ankle 3/16 and received Therapy, I'm having pain in my right leg and thigh they refuse to cover me

I started having pain in my leg and thigh, my primary doctor told me it could be from my fall or the the boot I was was wearing, he gave me pain med and cortisone injections that was helping. WC doctors told me it was due to old age and refuse to take e-ray or exam me. I was only examined by his... View More

Catherine Little Hunt
Catherine Little Hunt
answered on Aug 12, 2017

The insurance carrier has the right to accept or deny a workers' compensation claim. If you believe your injury should be covered, then you should seek legal counsel to assist you in filing the necessary legal documents to advance your case to a hearing before a judge of compensation claims.... View More

2 Answers | Asked in Real Estate Law, Small Claims, Employment Law and Workers' Compensation for Florida on
Q: I was out of work for 7 months due to accident while at work Was receiving workman comp. Insurance wasn't being paid

Employer states they used My PTO to pay my health insurance Now employer States i owe them 1700.00 dollars due to not enough pto was used to pay my health insurance can employer 1700.00 can they put a lien on my house If I don't pay? This was their mistake

Jennifer Isaksen
Jennifer Isaksen
answered on Jun 2, 2017

You will want to consult with an employment law attorney. The only way I am aware they could put a lien on your home would be to get a judgment, which would require filing a lawsuit. Best of Luck to you!

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1 Answer | Asked in Workers' Compensation for Florida on
Q: Second opinion contrasted with first doctor's opinion. Should I have received compensation for the time between appts?

Despite my nurse case manager requesting a nerve function test, my job being unsafe to perform in then condition, and being unable to pass the regular physicals required by the government to perform my job, my first doctor released me back to work with no restrictions. Requested a second opinion... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Jun 25, 2017

You may have a claim for past disability wages under florida work comp

If working in florida may be again under Florida work comp law

You can get a free consult from a florida work comp lawyer and go over all the facts and your rights

3 Answers | Asked in Workers' Compensation and Car Accidents for Florida on
Q: What kind of attorney do I need?

I was in a car accident while working as a delivery driver and the other driver was at fault. Do I need a car accident attorney or a workers comp attorney? Is my employer required to carry workers comp insurance in Florida?

Michael Nicholas Lygnos
Michael Nicholas Lygnos
answered on May 14, 2017

Good question. Your case sounds like a workers comp claim against your employer, if in fact you are an employee and not an independent contractor. Some employers try and avoid responsibility by hiring independent contractors.

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1 Answer | Asked in Workers' Compensation for Florida on
Q: Why would workers comp atty take case, say he is going to file in 3days, then does not file PFB,leaves worker injured

Causing great hardship and delays for injured worker. The attorney did not contact carrier I had to did it myself then end up firing atty after 7 weeks. by now I have filed PFB myself. employer was under reporting. Should I write the atty to try to get an explanation as I should have that for the... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Mar 26, 2017

If you are. It getting benefits you should be then a petition is needed. However the petition requires first contacting the insurance carrier and trying in good faith effort to resolve and may require medical records to support the petition

Maybe your attorney is waiting on any of the...
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1 Answer | Asked in Health Care Law and Workers' Compensation for Florida on
Q: Can a doctor treat a patient who was a previous workmans comp case that is closed?

I had been going to a doctor for knee problems, previous to an accident. Broke my leg at work, same doctor happened to be the workmans comp doctor. the workmans comp case is closed. Now I am told by this doctor's office that I cannot be a patient with insurance, that it is a law? This... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 12, 2017

They may have it confused. You can see the doctor assuming he takes your health insurance.

1 Answer | Asked in Workers' Compensation for Florida on
Q: What does this mean

unopposed Motion to Substitute Private Mediation. What does this mean?

Brian Lehman
Brian Lehman
answered on Mar 5, 2017

you did not include a question here

1 Answer | Asked in Workers' Compensation for Florida on
Q: I settled in Miami-Dade a workman's comp case in 2005 because the workman's comp had ended and I could not survive.

Had my right ankle fused and now I still have swelling and pain and its been 12 years. was just released from a job after 2 days because of my physical limitations. Can i reopen the old case?? where can i go from here?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 23, 2017

You settled the case in 2005; so no: you can't reopen it. But to be sure you might want to talk to an attorney who practices in the area of worker's compensation.

2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Are you allowed to file a lawsuit against your employer in the state of Florida? If you are a Federal employee?

I was involved in a terrible MVA at work and I am not sure if I can return to work. I am sure that my vehicle wasn't repaired properly causing me to get into my accident. I have several written vehicle service slips showing that I had concerned about the truck

Peter N. Munsing
Peter N. Munsing
answered on Feb 16, 2017

May be a viollation of OSHA and hazardous workplace but generally federal comp is your ownly avenue if you were on the job. Why not call a member of the Florida Justice Association--they give free consults.

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1 Answer | Asked in Workers' Compensation for Florida on
Q: FL-Does WC cover income loss from both jobs? Injured @ part-time job but couldn't work my full time job for 4 mo.

My full-time job is my own Ficticious Name business. I'm the only employee. I do not have and am not required to have Workers Comp. I was unable to work either job because of my injury.

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Feb 12, 2017

Chapter 440 will cover loss of concurrent income if documented and the information provided to the insurance carrier. You should consult a work comp lawyer to protect yourself. MLF

1 Answer | Asked in Workers' Compensation for Florida on
Q: How flexible is the deadline on filing a workers' comp claim? I was busy recovering and think I may have missed it by a

couple days.

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Jan 14, 2017

If you failed to report in 30 days but employer knew of work injury then you may be able to still pursue

However time is of essence to file and put them on notice and you should consult a lawyer

1 Answer | Asked in Workers' Compensation for Florida on
Q: Can they take away my workers' comp if the surgery I have to fix my first work injury makes my injury worse and requires

more time off and another procedure to fix it?

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Dec 16, 2016

These facts would almost be as simple a common sense but there. It's be more here as to why.

Clearly the answer is no, if your surgery is unsuccessful the benefits must continue for all medical conditions resulting from the failed surgery.

Clearly you need legal help and should...
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1 Answer | Asked in Workers' Compensation for Florida on
Q: Does the employer have to be with me in the doctors office during a workmans comp injury?

The employer sat in with me during the doctors examination of the injury, is this the employers right to do so or does this violate a doctor patient privicy privilege?

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Dec 10, 2016

You should object in future and have the right to have no one present in your examination

While employer can speak with doctor you have the right to not let anyone else attend and should make it known to the employer and the carrier

I Highly recommend you obtain a work comp lawyer...
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