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Florida Workers' Compensation Questions & Answers
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.

1 Answer | Asked in Family Law, Workers' Compensation, Health Care Law and Employment Law for Florida on
Q: What can I do if wife is pregnant and on unpaid leave last minute ?

Ignore

Stephanie E. Emanuel
Stephanie E. Emanuel answered on Dec 1, 2017

This can be very frustrating and stressful to deal with during pregnancy. I would encourage you to consult with an experienced lawyer that charges a reasonable fee to work with your wife and her company. My firm has a Florida, Licensed attorney with over 30 years of experience in Business... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: What should I do if I don't know exactly when or how I hurt myself?

I work for a water well company in Florida, and my job involves a lot of physical work, such as pulling up pumps and moving heavy equipment around all day. After working the other day, I noticed pain in my right shoulder while I was driving back to the shop. It did not become troubling until later... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 20, 2017

If the injury was sustained on the job, it's covered by workers compensation. The procedures for reporting such an injury should be posted at your workplace. Follow them. Simply state that your injury seems to have occurred on the job, and let them sort it out.

1 Answer | Asked in Workers' Compensation for Florida on
Q: hi do I have to have operation done on workers Comp if to risky If I do not will I still get paid Thank you

Iv already had one operation rotate cuff now it’s my back

Mitchell Feldman
Mitchell Feldman answered on Oct 21, 2017

Your question is not clear. You never have to undergo surgery. You receive disability wages under chapter 440 when you are not at MMI and unable to work fully or at all, unless you are permanently disabled. Consult a lawyer and protect your rights.

1 Answer | Asked in Workers' Compensation for Florida on
Q: My wc adjuster Agreed to my request for change in doctor. I was told they make the appt. How long do I have to wait?

The agreed request was over 4 weeks ago then we were hit by hurricane. They nvr schd me with new doc and scheduled my deposition. I went to deposition. My lawyer put in demand letter and their counter offer was insulting. He asked if I wanted to counter offer back. I said no I want to be seen by... Read more »

Mitchell Feldman
Mitchell Feldman answered on Oct 20, 2017

First, if you have a lawyer seems that you should be discussing this with your lawyer, as that's the best source for advice. A one time change is suppose to be authorized in 5 days or you can choose your own doctor at the e/c expense, but you may also need the court to award it it the e/c... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: I signed my Florida Workers Compensation settlement papers on 09/16/2017.

I am awaiting my check from settlement. I understand the Attorney receives the check, waits for it to clear, takes his fee. And later sends my part of the settlement.... How long will this process take. Thank you so much.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 23, 2017

Why not ask your attorney?

1 Answer | Asked in Workers' Compensation for Florida on
Q: My husband fell 4 days before his retirement at his job. Is he entitled to pay as he was still working at the time?

He has had surgery where they were unable to fix his shoulder and will now start therapy. It has been a year, workers comp has been very good so far, but as long as he is able to do light duty they will not pay him...

Mitchell Feldman
Mitchell Feldman answered on Sep 1, 2017

this will take some more research. If he can show he intended to work somewhere, then they should pay him, even if his plan was self employment. he wasn't retired yet Seek a work comp lawyer.

2 Answers | Asked in Workers' Compensation for Florida on
Q: I've been out of work for 7 months cause I shattered my left leg at work if u go back light duty do I still receive work

Comp in florida

Mitchell Feldman
Mitchell Feldman answered on Aug 22, 2017

If you mean do you still receive benefits under 440 yes you do

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1 Answer | Asked in Workers' Compensation for Florida on
Q: why is Gallagher Bassett want me to sign a master beneficiary record release on a workers comp claim?

the paper said if i dont sign they stop my benefits

Mitchell Feldman
Mitchell Feldman answered on Aug 18, 2017

First of all I believe that in a Worker's Compensation claim you should obtain the assistance of an attorney. The attorney will help you look out for your best interest guide you and keep insurance company in check. After signing a release I do not think you would probably have to sign the... Read more »

2 Answers | Asked in Workers' Compensation for Florida on
Q: Hello i hurt my back over a year ago at work been getting the shots

now talking about surgery do you thank i need a lawyer

Mitchell Feldman
Mitchell Feldman answered on Aug 15, 2017

YES. You have rights which should be protected, and the insurance company, and often times the employer, are looking for ways to cease your benefits, and always on the lookout for something to use to deny benefits, even surveillance of you routinely. You have nothing to lose and everything to... Read more »

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1 Answer | Asked in Workers' Compensation for Florida on
Q: I a case of workmans compensation after a settlement is done and the judge sign the order (June 5th) and give the payor

30 days, by law I should get my check not later than July 5th? Am I right?

Catherine Little Hunt
Catherine Little Hunt answered on Aug 13, 2017

Actually, it depends on what you agreed to in the documents you signed for settlement. If there is no reference to a time period within which the lump sum settlement is to be paid by the Employer/Carrier, and assuming you are represented by counsel in this settlement, the carrier has 14 days to... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: I just completed my Workers Comp Mediation 08/3/17 My case favored me from the beginning. When will I receive my check

I received multiple injuries from a fall on a wet floor. i was denied any tx for four months by the carrier. My employer advocated for me to receive treatment. I received five months of PT, chiropractic injections of cortisone. My attorney and I attended mediation. He never said... Read more »

Catherine Little Hunt
Catherine Little Hunt answered on Aug 13, 2017

It sounds as though you are not happy with the agreement you made at mediation. There are still documents you will need to sign with the carrier and your attorney, and the judge will still need to approve the attorney fee being payed to your attorney. You need to discuss these concerns with your... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: I fractured my Ankle 3/16 and received Therapy, I'm having pain in my right leg and thigh they refuse to cover me

I started having pain in my leg and thigh, my primary doctor told me it could be from my fall or the the boot I was was wearing, he gave me pain med and cortisone injections that was helping. WC doctors told me it was due to old age and refuse to take e-ray or exam me. I was only examined by his... Read more »

Catherine Little Hunt
Catherine Little Hunt answered on Aug 12, 2017

The insurance carrier has the right to accept or deny a workers' compensation claim. If you believe your injury should be covered, then you should seek legal counsel to assist you in filing the necessary legal documents to advance your case to a hearing before a judge of compensation claims.... Read more »

1 Answer | Asked in Workers' Compensation for Florida on
Q: If I accept a settlement for my workers Comp case do I have to forfeit my job?

My job allowed me to return to work then while meeting my lawyer I was told I can't not work for my employer if I agreed to take the settlement

Catherine Little Hunt
Catherine Little Hunt answered on Aug 12, 2017

It sounds like you are represented by counsel, and that is a good thing when attempting to settle a workers' compensation claim. It is quite common for insurance carriers to seek a resignation from employment as condition to settlement. In Florida, neither the carrier nor the injured worker... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: If I work in an office with 12 people does my employer have to offer workers comp?
Catherine Little Hunt
Catherine Little Hunt answered on Aug 12, 2017

In order to be more specific in my response to your question, I would need far more information. The law as to how many employees an employer must have before workers' compensation coverage is required in the state of Florida depends on many variables. Such variables include, but are not... Read more »

2 Answers | Asked in Workers' Compensation for Florida on
Q: How do I find out if my workers comp claim us closed if the company no longer exists?

It was about 5-6 years ago that I had a knee injury at work. Now I have a different injury but I can’t be seen unless I have proof. But I don’t know where to start looking.

Mitchell Feldman
Mitchell Feldman answered on Aug 10, 2017

As long as you were treating through workers comp each year since then you should still have coverage. If the new injury is work related, you need a new claim. Consult a lawyer as soon as possible who has workers comp experience.

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2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Less than a week ago I slipped and fell and broke my finger at my job. There has been a lot of people including myself

That have fallen various times there is a neglect from the proprietor on putting floor mats in the necessary spots. I am a server. He has seen the severity but it seems like he just doesn't care to take the measures to avoid future accidents and I have received treatment through... Read more »

David Alan Wolf
David Alan Wolf answered on Aug 6, 2017

In Florida and other States, a worker's compensation claim can be pursued if the worker is injured during the course and scope of employment. A worker's compensation case can be pursued regardless of the fault (if any) of the employer. There are some restrictions and caps on recovery in... Read more »

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1 Answer | Asked in Contracts and Workers' Compensation for Florida on
Q: Is WC mandatory to partner with building association for car wash business?

I started a Car Wash business & the building I am going to work with ask for WC. However I do not have employees and all my workers are independant contractors. Do I still need WC? Thanks for the help

Andy Wayne Williamson
Andy Wayne Williamson answered on Jul 24, 2017

Due to the fact that you are using their property, I would say that the answer is most likely yes. I really cannot say for sure as I would need more facts.

I suggest that you speak with a business attorney in your area to get specific legal advice.

1 Answer | Asked in Workers' Compensation for Florida on
Q: I am under Florida work comp. Do I have the right to refuse a specific treatment?

wanting to do a ?? Ganglion block..through my neck..not comfortable with this options

David Alan Wolf
David Alan Wolf answered on Jul 21, 2017

Under Florida Worker's Compensation rules and laws, there are restrictions and protocols for getting treatment. If treatment is denied, this may form the basis to pursue a remedy through an attorney against the carrier / employer. Maneuvering through the worker's compensation system can... Read more »

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