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 »
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.
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 »
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 »
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.
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 »
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
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 »
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 »
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 »
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 »
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?
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.
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.
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 »
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 »
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.
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 »
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 »
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
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 »
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.
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 »
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.
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 »
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