
answered on Aug 29, 2022
There are plenty of lawyers who are licensed to practice law in Florida and who regularly handle workers' compensation cases that are available to provide a FREE consultation to discuss your case and possible representation for same. I'd suggest giving one a call.
I was injured on june 9th and was finally sent to a doctor on june 14th

answered on Aug 10, 2022
Unfortunately, there is no specific timeframe to be sent to a doctor. 5 days after the date of accident may seem like a long time, but I've seen way longer. Delays in medical care are typical under work comp, even though the Statute says your benefits should be provided quick and efficiently,... View More
My doctor has said several times at my appointment s that it is definitely possible that my injury was caused by my job. He said as far as he is concerned it happened at work its work related however he is not willing to give a written statement. Is there a way legally to get this statement from... View More

answered on Jul 27, 2022
You could get the doctor to testify in deposition about his opinion, but a big question here is whether this is your own personal treating doctor or an authorized doctor. In Florida, only authorized doctors, IMEs (hired experts who aren't treating you), or EMAs (judge's expert) opinions... View More
My company was setup as a multi owners over the years, my wife and my son were listed also but I changed it only myself to be listed as owner when I renewed this year in April.
I am not sure which way was safer to have it as a multi owner or single owner.
A former guy that worked... View More

answered on Jul 4, 2022
If he is suing the LLC, and not you, it appears that he is not attempting to go after you personally. That's what "LLC" means, "limited liability company"; in other words, you are not personally liable for the debts of the company.
Depending on the circumstances,... View More
Wondering if this is a case. I took workers comp and within 2 weeks was let go. I was gas lighted into not taking it when the injury first occurred, then 2 weeks later I wanted to get it checked because the exact pain came back. I found my job listed on indeed before I had my 2nd Apt at the... View More

answered on Jun 28, 2022
Florida Statute 440.105 (2) (a), pertaining to workers compensation, provides as follows:
..l.
"... It shall be unlawful for any employer to knowingly:
...
"2. Discharge or refuse to hire an employee or job applicant because the employee or applicant has... View More
there is a PFB already granted by the carrier, there is a pending mediation and evidentiary hearing but there is also a motion that my previous lawyer did not respond to and that among other discrepancies is the cause I'm orphan. I know it will be difficult to find new representation, but I... View More

answered on May 24, 2022
There is no way that any attorney could give you guidance to represent yourself (nor should they) with the information that you provided. You NEED to immediately consult with an attorney that's licensed to practice law in Florida and that handles workers' compensation cases, especially... View More
I work at UPS and got injured on the job. They drug test anybody injured on the job to prove whether or not they were impaired. I use legal delta 8 THC, which shows up the same as illegal delta 9 THC on a drug test. They also use a urine test. Could they still deny me compensation/fire me even... View More

answered on May 5, 2022
The answer depends. Assuming UPS has a valid no drug policy in place and that UPS can prove a valid "chain of custody" of the drug test sample, then there is a rebuttable presumption of impairment that can be overcome by showing evidence that you were not impaired.
This camera send notifications to his phone whenever the sensor is activated. In midst of an altercation with him he admitted to placing that camera there specifically for me even though there are many people who work in that office I just happen to work alone on night shift. He has stooped as low... View More

answered on Apr 13, 2022
There are laws against recording people on cameras without their knowledge, but assuming that you knew about it, your boss doesn't need your permission.
Today, they withdrew my entire pay from last week, from my bank account, putting me hundreds in the negative. I only work when they call. Can they do that?

answered on Mar 18, 2022
I'd highly recommend that you consult with an attorney that's licensed to practice law in Florida and that regularly handles workers' compensation cases because your question raises a bunch of questions that would be best suited for a telephone conference. It's hard to answer... View More
I got ran over by a garbage truck and the person drug test came back positive for cocaine the same day and he got fired. Would that fall into intentional tort because he knew what he was doing was wrong and he could injury someone while driving high, especially a commercial vehicle?

answered on Feb 8, 2022
I'm sorry to hear about this horrible incident. In your sceneario it is possible that both the driver and the company that he was driving for would be liable for your injuries. In Georgia, a company may be responsible for the torts committed by its employees. Additionally, there may be... View More
I am unclear through talking to the state and reading. I am the owner, but i am going to do work. It sounds like the WC exemption is for officers only (people who stay in an office, not in the field) Everyone in the field tells me i dont need it, but the law seems to say that i do. The reply from... View More

answered on Jan 19, 2022
Yes. Unless you file and qualify for an exemption.
I hired a lawyer For personal injury
The insurance cover for dog only 50000$ only
The insurance accept to pay 50000 to me
And after deductible I will get around 27000$
So I say no I refuse the offer my lawyer I can’t get more money because the insurance for dog... View More

answered on Jan 7, 2022
I'm not sure what you mean by deductible, but, I'm assuming it's for attorney's fees, costs, and, maybe, anything that is owed for your medical care. If that's the case, if $50,000 is the limit, then those things would be deducted from that limit, so you wouldn't be... View More
Sorry, I was in a rush and didn't realize I didn't add the subsections. I received a copy of a recording of my unemployment appeal hearing and it came with F.S. 443.041(3) (Privileged Communications) and 443.1715(1) (Records and Reports). I was specifically concerned with the phrase in... View More

answered on Dec 20, 2021
To what is this in reference? It's difficult to attempt to answer a question without some context. Also, FS 440 is the workers' compensation statute, so this question may be under the wrong practice type.
Off or get a note

answered on Dec 3, 2021
You should listen to what your work comp doctor says. If the doctor's recommendation to wear a sling is in a medical record, provide it to your employer. If your employer insists that you take the sling off to work, you're violating your doctor's orders. If you listen to your... View More
My attorney told me that my workers compensation claim wasn't worth anything. I got ran over by a garbage truck on 12-11-2019. I didn't receive surgery until 10-22-2020. My orthopedic surgeon put me on permanent Disability. During mediation my attorney told me the value of my case will... View More

answered on Nov 16, 2021
Unfortunately, once you've settled your work comp case, and especially when a judge has enforced the settlement, there's not much you can do. Usually, if you disagree with the judge's decision, you can appeal to the First District Court, but they don't usually do much, and, most... View More
My workers compensation case is done. I moved to another county. I've been contacting my WC lawyer to get my files so I can give them to my personal injury lawyer but she haven't been returning my calls back. Can i get my files from another facility if i live in a different county if... View More

answered on Nov 3, 2021
I answered this same question under the workers' compensation topic. Here is my answer: "If your case is over and settled, your work comp attorney should have collected his/her costs from the settlement. These are costs for things, like obtaining your records, on the case. Thus, if your... View More
Contract employer wrote this in offer: "annualized salary of $100,000 (based on working 40 hours/week) + annualized bonus $10,000 (based on working 40 hours/week) and company offered benefits-The annualized bonus covers any expense that may incur as a part of fulfilling job including but not... View More

answered on Oct 24, 2021
I'm not sure your question belongs in the workers' compensation section as I don't see anything about you being injured on the job. However, if you were injured, you should look into a free consultation with an attorney licensed to practice law in Florida and who regularly handles... View More
why my workers comp attorney won't send my personal injury attorney my file case?

answered on Oct 18, 2021
Without more information, it's difficult to answer this question. There can be a host of reasons such as your work comp attorney wanting to be paid by your personal injury attorney for documents that he/she will be producing, etc. Really, though, your work comp and personal injury attorneys... View More
A cleaning company brought me with a tourist visa to work for 700 dollars a week over time, I accepted and came to South Carolina, they paid me 11.50 an hour and they charged me rent and transportation, they offered to return the investment. of the tickets and they did not, they fired me from work... View More

answered on Oct 4, 2021
I'm not exactly sure what you are asking. You want to file a complaint for what and to whom? Do you mean you want to sue the cleaning company for not paying you something? Did you have a contract with this cleaning company? Did they pay you anything? A lot more information is needed to provide... View More
I have a question. If I agree to a lump sum settlement and told my lawyer to sign it instead of me signing it at a mediation but end up emailing my lawyer telling him I changed my mind two hours letter about the settlement. Do I have to settle for whatever amount was given to me or Is the contract... View More

answered on Oct 2, 2021
Florida Workers' comp is a little different in that it's typical to allow your attorney to sign on your behalf on the mediation agreement. If you truly do not want to proceed with the settlement and you've asked your lawyer to try and back out of the settlement, what may happen is... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.