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Florida Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Florida on
Q: I was not paid a severance after my patient died. The family decided not to even though my patient did. Is that legal?

I worked for a family for about 3 years. My job was to take care of their 97 year old mother. They did not pay legally until a month or so before their mother died. The mother told them to make sure they paied us a severance after she died. Well when she did die they didn't give us anything... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 22, 2020

It's unclear what you mean by "... They did not pay legally …". Did you work for the mother or for her children? In any case, severance pay is normally a voluntary payment unless it's required by a written employment contract. So they would not be obligated to pay it.

1 Answer | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Florida on
Q: Can my job fill out an accident report without me being present?

I am suffering from repetitive stress injury. I called out of work and went to the doctors. I requested to fill out an accident report. They filled one out and gave it to me at the end of the work day. Once I read it they filled it out incorrectly. Not putting what I actually told them. Seems to me... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 28, 2020

I assume they asked you to sign it. If so, you should have corrected the errors before signing it.

2 Answers | Asked in Gov & Administrative Law, Employment Law and Workers' Compensation for Florida on
Q: Who is liable when an off duty LEO is injured, outside of their jurisdiction, acting in a LEO capacity?

If an off duty law enforcement officer takes action in an emergency situation (like a shooting at a church), outside of his or her jurisdiction, who is liable if the officer is injured? My department is possibly allowing the use of marked and unmarked vehicles to attend religious services while... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 9, 2020

Workers comp insurance should cover on-the-job injuries. The insurance should be carried by whomever is hiring the officer for the particular job, unless his/her department's insurance happens to cover in that situation.

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1 Answer | Asked in Workers' Compensation for Florida on
Q: Thank you all for answering my question about whether or not to have a surgery that I was waiting on authorization for

when I was terminated. I was not on medical leave when the termination happened. I was at work. That is why I'm concerned about going forward with the surgery. Florida is a right to work state, and an employee can be terminated with or without cause. In my case it was without cause. But,... Read more »

Mitchell Feldman
Mitchell Feldman answered on Nov 12, 2019

Well certainly if the termination is retaliatory it would be unlawful and depending upon facts there may be numerous other laws at issue, so again I encourage you to get your situation reviewed by counsel and you may as well contact me if you choose

1 Answer | Asked in Workers' Compensation for Florida on
Q: Hello, I was injured at work and the company approved doctor said that I needed surgery. They submitted the paperwork

for authorization. While waiting for the authorization I was let go from my job. I just received notice from the doctor's office that the authorization had been approved. And they wanted to move forward with the surgery. Am I still allowed to proceed with the surgery? I don't want to be... Read more »

Mitchell Feldman
Mitchell Feldman answered on Nov 11, 2019

If the workers compensation carrier has authorized the surgery, and you have not received any notice of denial of benefits, then yes of course the carrier should be paying 100% for all medical treatment and the surgery. The fact that you were let go, assuming because you could not return to work... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: Can I have my case transferred to New York from Florida? Florida has cut me off financially; NY goes forever.
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 28, 2019

No, I don't think you can transfer a WC claim from the state where you were working (Florida, in your case).

1 Answer | Asked in Workers' Compensation for Florida on
Q: Will I receive compensation for missed work? Does reservation of rights mean they can decide later not to pay the dr.?

I filed for workers comp in florida for repetitive stress injury. I was accepted under reservation of rights and they are sending me to a doctor they chose. Does this mean I will be compensated for my past missed work/income? Can they decide later to deny me and make me pay the doctor fees of the... Read more »

Mitchell Feldman
Mitchell Feldman answered on May 12, 2019

Stress is not an injury covered by chapter 440. If you mean repetitive stress fracture that’s different. Assuming it’s the latter you won’t be compensated u less you are out for at least 7 days. They cannot bill you after they authorized a doctor. Most it not all work computer lawyers... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: can the doctor's office make a workers comp patient pay the bill if they didn't get paid from workers comp ins.?

I receive workers comp from new york.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 21, 2019

Yes, the doctor provided the service to you, not to the worker's compensation carrier or to the employer.

1 Answer | Asked in Workers' Compensation for Florida on
Q: Can a beneficiary who is not disabled of a deceased claimant’s WC case request to change the payments of the settlement?

I am the beneficiary mentioned above who has been receiving payments since 2012, payments are to stop in about 28 years. Since I am not disabled can I request a lump sum or a partial disbersement of remaining funds?

Mitchell Feldman
Mitchell Feldman answered on Feb 22, 2019

Insurance companies always want to settle in a lump sum, but its subject to a negotiation with the insurance company. They will not simply pay you the present value. Do not negotiate on your own. I recommend you hire an experienced workers comp lawyer or law firm.

1 Answer | Asked in Workers' Compensation for Florida on
Q: Yes I would like to know what retirement from employer and you also file for disability why would I have to repay money

To employer residents in Georgia

Mitchell Feldman
Mitchell Feldman answered on Jan 30, 2019

The question is not clear. If you are retiring then how is it you are getting disability income? Most work comp lawyers including me will offer free consults on work comp matters. Find someone and make an appointment by phone or in person.

1 Answer | Asked in Workers' Compensation for Florida on
Q: Regarding attorney dismissal can I prepare the letter and proof of service I have submitted a letter to all parties but

The attorney I want to dismiss stated "our judge has to approve it and she loves him and won't " his words in an email and text. I live in Arizona so I need to travel to Los Angeles in order to give to the court a copy of proof of service. I already gave a copy of the letter to them.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2019

Your question is unclear, but apparently the judge is in Los Angeles, California, so you should have asked this question in Justia › Ask a Lawyer › California ›. But no, you wouldn't have to travel to L.A. to get the proof of service to the judge; simply mail it to the clerk of court.... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: In a Florida I was injured at work and the doctor put me in light duty and that was not given. I was taking my pain meds

and Drive was arrested for a DUI and consequently fired as a no show. I am unable to get another job due to still no release from the doctor and this is 9 months later. Am I entitled to WC compensation due to not being able to get a job.

Mitchell Feldman
Mitchell Feldman answered on Dec 12, 2018

First I will tell you it’s contrary to your best interest to not have representation in this Worker’s Compensation claim. So my purse recommendation for you is to obtain an attorney. Attorney will fight for you and your rights under Worker’s Compensation law to get the benefits you were... Read more »

2 Answers | Asked in Workers' Compensation for Florida on
Q: I qualified for workers' comp benefits after being injured at my construction job. A month later, they laid me off. Does

this mean I'll be cut off from my benefits? I did nothing wrong to warrant the termination.

Mitchell Feldman
Mitchell Feldman answered on Nov 26, 2018

We need more faxed to give you a better response here to your legal questions. Chapter 440 the Worker’s Compensation act under Florida law prohibits retaliation. Laying you off may or may not be some sort of form of retaliation. If you’re unable to do your job any further unless you’re... Read more »

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1 Answer | Asked in Workers' Compensation for Florida on
Q: I got approved for workers' comp benefits after receiving a medical evaluation. Now my employer wants a second doctor to

evaluate me. Could I lose my benefits if the second doctor finds my injury less severe than the first?

Mitchell Feldman
Mitchell Feldman answered on Nov 5, 2018

Yes you can if that doctor says the accident did not cause your injuries or there is no medical necessity for treatment. I think you need to get an attorney as soon as possible. Insurance company does not have a right to force you to go to a second opinion which is not an IME

Obviously...
Read more »

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: Employer's comp for employees psychologically injured after not fatal/airplane accident

I'm acting on behalf of my spouse who is afraid of any kind of litigation or legals procedures in general. I have a little base because my studies on this field. He was involved in the A Airline flight 383 Chicago/ Miami acc last Oct 28 2017, and at that time he was in business trip working... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 3, 2018

You have appropriately categorized this question under "Worker's Compensation". You should consult with an attorney who practices in that field; it appears that your spouse may have a claim. Employer fault is not pertinent in worker's compensation.

1 Answer | Asked in Workers' Compensation for Florida on
Q: I was in a car accident driving a company car and was let go the next day it is now two days later and I am experiencin

Neck and back pain I file a claim for workers comp

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 10, 2018

Certainly.

1 Answer | Asked in Personal Injury, Employment Law and Workers' Compensation for Florida on
Q: charge nurse refused to take my patients so I could leave after an injury resulting in another injury.

I am an RN and caught a patient before she hit the floor, hurting my neck and upper back. I told my charge nurse I was injured and needed to be seen, as well as notifying her that the patient needed a room with a working camera. I was denied the room and told that she would report the injury. Half... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 1, 2018

So what's your question. You have a worker's compensation claim.

1 Answer | Asked in Criminal Law, Employment Law, Workers' Compensation and Car Accidents for Florida on
Q: I dive the company truck for the last 7 months found out I'm not on his insurance policy do I have a case

I was working for a landscape company worked for them for 9 months from the very first day I was driving there truck and I have just found out that I am not on his vehical insurance policy for the vehicle that I drive every day. . Im in state of Florida and dont know if I have a case. Or not.

Gary Kollin
Gary Kollin answered on Aug 29, 2018

As far as I see it the answer is NO.

How are you damaged?

Fortunately. There was no reason to have needed to use the insurance.

It is like being in a building and leaving. 5 minutes later the building collapsed.

You can't sue because the building COULD have collapsed when you were there

1 Answer | Asked in Workers' Compensation for Florida on
Q: Can workers comp demand I reimburse them for my medical expenses and lost wages?

I was injured on the job in November of 2017 in a car accident. The other driver was at fault, and I received their $25,000 bodily injury coverage for the accident due to the severity of my injuries and closed the case in April of 2018. The workers comp did not begin providing me lost wages or any... Read more »

Anna Katherine Stone
Anna Katherine Stone answered on Aug 19, 2018

You should request either a phone conference or live conference with your attorney.

1 Answer | Asked in Workers' Compensation for Florida on
Q: Can your job tell you that you have to resign or be demoted due to a relationship you are having with a co worker

Several other relationships have happened in the company without incident just mine is given this treatment.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 8, 2018

I don't know what this has to do with workers compensation, but the answer is yes: in the absence of an employment contract, your employer doesn't need a reason to fire you.

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