Get free answers to your Workers' Compensation legal questions from lawyers in your area.
I am employee who was dating a manager and we both kept it private and at work we stay so professional and no one never know about us. and another employee saw us outside the job on a date away from the area no where near where we work. The employee who saw us went back report it and it cause us... View More 
answered on Mar 9, 2023
No. Employment being "at will", your employer can fire employees for any reason if it wants to. And the other employee is not liable to you for accurately reporting what she or he saw.
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
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
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
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
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 ??
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
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
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
I have filed formal complaints with the administration and the administration simply does not respond - Yet, continues to place me in harms way wth duties that bring me in contact with this volatile student. who know feels empowered to really intimidate and harass me every chance she gets
I work at a Twin Peaks restaurant in South Florida which requires me and my fellow servers to wear tight jean shorts for our shifts. I and the majority of my coworkers routinely develop yeast infections from the hot climate, tight shorts, and fast-paced nature of a server position. I believe these... View More
answered on Oct 10, 2022
In theory, yes. Essentially, you would be seeking medical or lost wage benefits. Damages such as pain and suffering are not available in Florida Workers' Compensation cases. However, it may be difficult to meet the standard of proof required by Florida Workers' Compensation law. The type... View More
Doesn’t have full insurance on car and now doesn’t have a car. He is store manager For years) and is on call 7 days a week - goes in on days off etc. got a call at 9pm from employee that the store needed fry boxes asap picked up and needed my son who was at home to go pick up. Used personal... View More
answered on Sep 11, 2022
Since it your seems to have been the one to have caused the accident (unless there was something that the semi-truck did wrong), I don't think your son would have a successful personal injury case verses the semi-truck. Hopefully, your son has bodily injury (BI) protection, which is what the... View More
Injured in a automobile accident at work while delivering packages for FedEx ground through a contractor. Other vehicle failed to yield right away Haven’t received no workers comp or any kind of pay at all. wasn’t able to perform job duties due to my back injury was so I did not go back to... View More
answered on Sep 6, 2022
It sounds like you have two types of cases here: 1) work comp as you were injured while performing your normal job duties, and 2) personal injury verses the driver of the vehicle that caused your accident. I'm not quite sure why you're not getting work comp benefits, but there's not... View More
answered on Sep 6, 2022
There may be a situation where there would be an offset between work comp payments and social security payments. Work comp might also be looking into your medical history, to which they're entitled, to determine what conditions you used as a basis for social security benefits or to determine... View More
Working delivering packages for fedex ground and a car ran their stop sign failing to yield right away. During impact it threw me all over vehicle causing me to hit my knee on center console which broke off and after impact the company truck I was driving went into the other 2 lane highway . Horn... View More
answered on Sep 2, 2022
You can often treat with providers on "letters of protection" and not pay up front, but out of the proceeds of a case. Generally, medical providers offer this if you have an attorney pursuing an injury case. You should consult with an experienced injury attorney as soon as possible.
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
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