Lawyers, Answer Questions  & Get Points Log In
Florida Workers' Compensation Questions & Answers
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.

1 Answer | Asked in Workers' Compensation for Florida on
Q: If I reopen my workman's comp case, will I stop receiving my settlement checks?

I settled my case while living in NJ. I now live in FL and have contacted my lawyer to reopen my case because my neck and back pain has gotten much worse. I did not receive my check this week. So I was wondering if they do not have to continue to pay me my settlement checks because I am trying to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 5, 2018

You should ask this question in Justia › Ask a Lawyer › New Jersey › Workers' Compensation, because it concerns a matter of New Jersey law, not Florida Law. It appears to me that, by moving to reopen the case, you are reneging on the settlement and they have every right to stop making... Read more »

1 Answer | Asked in Workers' Compensation, Civil Rights, Insurance Bad Faith and Insurance Defense for Florida on
Q: Workers Comp case Nurse Wants To Go in with me to my appointed Doctor's Appointment. Is she allowed?

Injured 2 years ago and still receiving treatment and therapy. I have a followup appointment with the doctor and the assign case nurse called me telling me she was going to be with me on my next followup appointment. Is this someting they could do?

Anna Katherine Stone
Anna Katherine Stone answered on Jul 25, 2018

Workers' Comp can assign a Nurse Case Manager to your file. We refer to them as the NCM. The NCM can meet with your doctors with or without you present. However, as a matter of practice, I send a letter to the carrier and NCM (if one is assigned) advising them I represent the claimant and... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: Workers Comp withholding lost wage checks

Hello I have a question about worker's comp not paying out checks. My workers comp owes me a decent amount of checks in lost wages totaling several thousands of dollars. A few checks are from the first few months after my work related accident occurred and the last few checks are current as... Read more »

Anna Katherine Stone
Anna Katherine Stone answered on Jul 25, 2018

Yes, if you are owed past due indemnity benefits (TTD/TPD/IB/PTD), then the insurance company would have to pay penalties and interest on any late payments. If you are owed past due indemnity benefits and not getting paid, then first a request must be sent in writing to the insurance company... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: While walking through the front door at work i ripped my foot open & 9 stitches. My WCclaim is denied for my med. bill

I’m only trying to be compensated for medical bills which is appr. 3000.00. When i filled out the endless pwk i added the medical miles and 4 hours of work unpaid to go get treatment. My claim has been denied, stating it’s not under the guidelines of the FL Workers Compensation Act, and not... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 24, 2018

It appears that this is a previous, non-work-related injury that was only exacerbated (your ripping your foot open), not caused, while at work. So it is plausible that it's not covered by worker's comp.

1 Answer | Asked in Workers' Compensation for Florida on
Q: What happens to my workers compensation if my employer goes bankrupt?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 8, 2018

There are several types of bankruptcies: Chapter 7, Chapter 11, and Chapter 13 are the most common.

I'm not sure whether you are asking about ongoing workers compensation insurance, or compensation for a previous injury. If it's the latter, the insurance carrier would be...
Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: is it legal for Hawaii workers comp to require Florida doctors to accept hawaii rate schedule/pay scale?

Is it legal for Florida doctors to accept hawaii workers comp pay scale and rate schedule, or further, is it legal for Hawaii workers comp to require Florida doctors to accept hawaii rate schedule/pay scale? My husband is military and we relocated from Hawaii to Florida. My Hawaii claims adjuster... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 29, 2018

The real question is whether the Hawaiian workers compensation policy can limit the amount paid to health care providers in other states. And, in my opinion, yes it can. But you might want to ask your question in Justia › Ask a Lawyer › Hawaii › Workers' Compensation.

1 Answer | Asked in Workers' Compensation for Florida on
Q: Can I still qualify for workers comp if I got injured working on something that is not part of by job description?

I am an office administrator at work. I was helping a co-worker load boxes for 5 months, by boss would see me and she never told me not to do it. A Friday, the loading caused too much pain so I asked my boss if I could start getting help because I am hurting myself doing this job. She said yes. On... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 19, 2018

yes, your job-related injury is covered even though the work was not a part of your regular duties.

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Restaurant to Pay WC Premiums on Plumber? Gas Repair Guy?

I own a pizzeria. This year, my WC auditor told me that I will have to pay premiums on payments made to a plumber, gas repair guy, and hood cleaning service I used if it turns out those businesses don't have WC coverage of their own.

Is that accurate?

I'm supposed to pay... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2018

Your auditor is probably correct. Just be sure those people have workers compensation coverage.

2 Answers | Asked in Consumer Law, Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: Can I sue boss after injured wrecked tow truck, told him was overworked, sick? Have proof of endangerment

Manager and my boss told me if I was overworked to let them know they will give me a time off. Was overworked 6 days a week 12- 16 hour shift plus nights, have text messages requesting to go home only for a short period of time to be sent but distance the cause me to wreck

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 18, 2018

No. Workers compensation is your exclusive remedy against your employer.

View More Answers

1 Answer | Asked in Child Support, Family Law and Workers' Compensation for Florida on
Q: Why would a Worker’s Comp settlement not consider child support arrearage in FL?

My son’s father currently owes 20k in child support and hasn’t paid since 2010. He was hurt on the job about two years ago and is expecting a settlement. I received a call from his attorney in Nov 2017; she wanted to know if I would be willing to settle for a 6k payout and forgive the rest of... Read more »

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

Ask the Department of Revenue why.

2 Answers | Asked in Car Accidents and Workers' Compensation for Florida on
Q: employee driving co truck got rear ended.. took to hospital. how can he get medical bills paid. In florida so pip

use his own pip? or workers comp? business pip will not cover they say. no fault state. using his own pip will ruin his insurance score

Andy Wayne Williamson
Andy Wayne Williamson answered on Feb 9, 2018

This should be a workers comp issue. The injured party needs to consult with a workers comp hearings asap. The company's response of no fault is not correct and they should be telling the injury party to seek a workers comp claim. You can use the find a lawyer feature of this site to look... Read more »

View More Answers

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: My foot was backed over by a forklift at work, the driver did not have a operators license through the company. Advice?

The company I work for is PepsiCo and the employee that ran over my foot has only been with the company for a month. I reported the incident but I regret that I did not mention it was not my fault. Instead I said I stepped in the wrong direction which was not the case. I thought I was doing... Read more »

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

Fault is not an issue in workers compensation.

2 Answers | Asked in Personal Injury, Workers' Compensation and Employment Law for Florida on
Q: Yesterday I had my leg pinned against the steel by a faulty power jack after telling a supervisor my Jack was faulty

After telling him the jack was faulty I asked for a new one he insisted I stay on that one and stick it out. Shortly after, attempting to make a U turn down an aisle, the jack, being faulty got stuck in "forward" and smashed my leg against the steel. Would that fall on me or PFG staff for... Read more »

David Hughes Harris
David Hughes Harris answered on Jan 19, 2018

Workers comp applies regardless of fault.

View More Answers

2 Answers | Asked in Employment Law, Personal Injury and Workers' Compensation for Florida on
Q: i was injured in a 10 x 10 beer cooler my employer built without a building permit - is this beyond a wc injury
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 6, 2018

I don't know what you mean by an injury "beyond" workers compensation. If you were injured on the job, you are covered.

View More Answers

4 Answers | Asked in Car Accidents and Workers' Compensation for Florida on
Q: I recently got into an auto accident and I was the passenger due to the accident my back and neck are messed

I was in a company truck and they said i cant get wc is that true

Now i have therapy 3 times a wk and scheduled an Mri appt

what is my options

David Hughes Harris
David Hughes Harris answered on Dec 31, 2017

WC is available to employees only who are injured while working.

Your own Personal Injury Protection (PIP) will cover your related medical bills (80% reasonable and necessary). Call your insurance carrier and notify them of the crash and request your PIP.

If you don't own a...
Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Florida on
Q: Can I ask to settle so I can leave my Job. I was injured 9/18/17. I am tired of the crap. Its not worth the stress.

I injured my back on 9/18/17. Its been a hassle dealing with W/C I do have a lawyer. But I am searching before I speak with him

David Hughes Harris
David Hughes Harris answered on Dec 20, 2017

Sorry to hear of your challenges. Workers comp is designed to provide a no-fault basis for paying your bills and a portion of your wages, but does so with a pro-employer bias built into the law.

Workers comp is a difficult process for the claimant, as your WC carrier selects doctors for...
Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Employer made me get drug test, falsified date of injury, still haven't seen MD or heard from workers comp.

slipped on icy floor in walk-in freezer in late october. twisted leg and ankle. waited to tell boss, thinking it would get better. told bosses during 2nd week of november of injury. they didn't document anything, but made me get a drug test. now the manager is saying if i was really hurt i... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 10, 2017

Yes, the workers compensation law in this state is very complex, so you do need to consult with an attorney, preferably one knowledgeable regarding Chapter 440 of the Florida Statutes.

1 Answer | Asked in Workers' Compensation for Florida on
Q: Is there a specific amount of time I have to work for a company to receive workers comp? and being ghosted?

My friend told me that you need to work for a company for 90 days before you can be covered by workers comp, I've never heard of this, is it true? I'm a driver and I was injured in a car accident on the job, I suffered four damaged discs, two of which were herniated. I was told from day... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 10, 2017

I don't think the 90-day thing is true, but you should consult with a workers comp. attorney.

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.