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Florida Workers' Compensation Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I sustained an injury at my previous job five years ago, and workers' compensation covered the foot surgery. I was out

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

Angelo "Tony" Marino Jr.
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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

2 Answers | Asked in Workers' Compensation and Employment Law for Florida on
Q: Pay billable after resignation that were billed months prior

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

Linda Liang
Linda Liang
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...
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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was a former employee of 7-11 for about 3 to 4 years I was attacked by a customer.

The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 9, 2024

I have never seen a case in Florida where an employee can sue his employer for damages suffered in a third-party criminal attack on the job based on security negligence. The normal remedy that an employee has for damages that occur on the job is workers comp. Additionally, you can sue the... View More

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2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: I was a former employee of 7-11 for about 3 to 4 years I was attacked by a customer.

The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.

James L. Arrasmith
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answered on Mar 9, 2024

If you were attacked by a customer while working at 7-11 and had previously reported threats from the same individual to your manager, you may have grounds for legal action against your employer. Employers have a legal obligation to provide a safe working environment for their employees and to take... View More

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1 Answer | Asked in Car Accidents, Personal Injury, Social Security and Workers' Compensation for Florida on
Q: Social security and worker’s compensation

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?

James L. Arrasmith
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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

1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: I work as a behavioral interventionist for a Pasco county school. I was attacked by a child .

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.

Stephen Arnold Black
Stephen Arnold Black
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

1 Answer | Asked in Admiralty / Maritime, Personal Injury and Workers' Compensation for Florida on
Q: If I have been working for a tour boat company for a week and am injured do i qualify for jones act protection medical?

As a 100 ton boat captain I was training on a new job with a fast boat that holds 30 passengers. While training under the command of another captain at the helm. I was injured. I was also injured the day before due to safety issues below deck. Both injuries to my deck I informed my employer by... View More

Tim Akpinar
Tim Akpinar
answered on May 6, 2023

I'm sorry about your injuries. Yes, on your first question, it sounds like you would qualify for maintenance and cure. Those fast boats are usually domestically registered and do not operate under offshore flags. I can't be certain, based on the details of the post, but I would guess that... View More

1 Answer | Asked in Social Security and Workers' Compensation for Florida on
Q: What can I do About a workers comp social security offset that was not done for the indemnity of 2015 but done for 2023

I settle a workers comp case for 2015 with an indemnity and now the social security benefits being reduced due to the offset effective date of March, 2023 I was never aware that this had being a computer decision for group A when it should have been Group B this was an social security

error... View More

James L. Arrasmith
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answered on May 2, 2023

If you believe that there has been an error in the Social Security offset calculation for your workers' compensation settlement, you can take several steps to address the issue.

First, you should gather any documentation related to your settlement and the offset calculation. This might...
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1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: I have been contracting work for a large hospital system, I was injured on their property, do I havr a case?

Ive been contracting work for a large hospital healthcare system, I was repairing a fallen fence on hospital property. It was covered in shrubbery some of which was poison ivy. I couldn’t see it amonst the other shrubs and vines. It turned into a terrible case, all over my arms, torso, legs,... View More

Tim Akpinar
Tim Akpinar
answered on Apr 15, 2023

A Florida attorney could advise best, but your question remains open for a week. Was the hospital negligent in any manner? A fallen fence that had poison ivy on it on its own might not necessarily amount to negligence, unless there are additional details. Ordinary, something like this could be... View More

1 Answer | Asked in Workers' Compensation, Car Accidents and Civil Rights for Florida on
Q: Case closed but case still open with my doctors and I’m unable to see my doctor.

What can I do if my employer never close my case with my doctors and I’m unable to see my doctors? I’m trying to contact them but it’s going to their voicemail. Can I sue them for pain and suffering because of all the stress they’re causing me?

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Apr 7, 2023

If the indemnity/lost wages portion of your case was settled but the medical portion of your case remained open, you should contact your attorney or an attorney that has experience in workers' compensation cases to help. You may be able to file a petition for benefits seeking continued... View More

1 Answer | Asked in Workers' Compensation for Florida on
Q: If I injured something directly due to a workers comp injury is that new injury also covered under workers comp?

I broke my left ankle at the office back in June and was entitled to workers comp who has been paying for everything, of course. Since I injured my left ankle I had to rely solely on my right leg to support everything for the first 5 months. This led to me injuring my right knee a month ago. It’s... View More

Domenic J. Celeste
Domenic J. Celeste
answered on Dec 21, 2022

Very good question! This would, most likely, fall under the initial date of accident with the insurance company, even though it's, technically, a new accident. If this new injury happened while working, it could either be a new injury or fall under the original accident. Either way, you should... View More

1 Answer | Asked in Employment Law, Workers' Compensation and Cannabis & Marijuana Law for Florida on
Q: What can I do about a failed workmans comp drug test for prescription medical marijuana?

My husband cut his hand at work. It was very minor. His employer thought it would be a good idea to go to a doctor and file a claim with workmans comp. My husband told his employer he smoked marijuana and had a prescription, they said it was fine so against his better judgement and at the request... View More

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Dec 8, 2022

Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but... View More

3 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 8, 2022

Because you were injured while on the job, you have a Worker’s Compensation claim, as well as a third-party claim against the other driver, if he was at fault. Retain counsel on contingency fee, which means you don’t pay anything unless you win.

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3 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

Charles M.  Baron
Charles M. Baron
answered on Dec 7, 2022

Yes, workers comp is for on-the-job injuries. You were driving as part of your paid duties, so you were on the job. But if the accident was the other driver's fault, you can also set up a claim with that driver's insurance and, if necessary, sue the driver (and owner, if different from... View More

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3 Answers | Asked in Car Accidents, Personal Injury and Workers' Compensation for Florida on
Q: I was clocked in at job and was directed to work at a sis property approx 30 miles away.in route was injured in car acci

Accident requiring back surgery.my question is should being on time clock at time of accident be helped by my employers workers comp? And if so is it to late ??

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Dec 7, 2022

Given the limited facts you provided, you should claim work comp benefits. You may also have a liability claim against the at fault party. Under Florida Law, you have 30 days to provide notice to your employer. If your employer was aware of your accident and that your missed time from work for... View More

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1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Need Job transfer due to medical reason, company is wanting to pay me less then what I was getting paid before w/ 10 yrs

My Dr. stated that I need to change my job role in my company due to medical issues that could worsen if I stay in the same role. The company I work for has been working to change me roles for two years (couldn't collect unemployment or disability for some reason). They called today saying... View More

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 6, 2022

You should contact a Florida employment attorney to discuss this situation further, as this will be a highly fact-intensive situation. While the Americans with Disabilities Act permits you to request accommodations - including a position reassignment - your employer need not maintain your same pay... View More

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Can a food service deduct 30mins of pay if a break is not taken?

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

Brian Phillip Vassallo
Brian Phillip Vassallo
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.

1 Answer | Asked in Employment Law, Workers' Compensation and Wrongful Death for Florida on
Q: husband died at work I hired firm all info on the case/firm were destroyed. How can I find case info again

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

Terrence H Thorgaard
Terrence H Thorgaard
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).

2 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I was involve in a roller accident early morning driving a semi due to a blown tire company will not give me details.

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

Angelo "Tony" Marino Jr.
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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.

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1 Answer | Asked in Workers' Compensation for Florida on
Q: I’m currently on floridas Workmen’s Compensation and my doctor has cleared me for modified work. If I want to refuse the

Transition to work my employer offered me

Can I still get my Occupational Therapy through my employer.

Domenic J. Celeste
Domenic J. Celeste
answered on Mar 9, 2023

You can get therapy even if you refuse to return to work, which only really affects to getting work comp checks. However, before you refuse the job that was offered, I'd highly recommend that you speak to an attorney licensed to practice law in Florida and who handles workers'... View More

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