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Florida Workers' Compensation Questions & Answers
1 Answer | Asked in Workers' Compensation for Florida on
Q: I'm on workers comp and have been put on light duty. My employer doesn't call me every day to come in.

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?

Domenic J. Celeste
Domenic J. Celeste
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

3 Answers | Asked in Car Accidents, Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Exceptions to Florida Workers’ Compensation Immunity

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?

Titus Thomas Nichols
Titus Thomas Nichols pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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2 Answers | Asked in Workers' Compensation for Florida on
Q: I am trying to start off as an electrical contractor in Florida. Do i need Worker's Comp if it is just me?

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

Tim Rose
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Tim Rose pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2022

Yes. Unless you file and qualify for an exemption.

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2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Good morning A dog attack me will I’m working and I broke my elbow I left the work for tow months

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

Domenic J. Celeste
Domenic J. Celeste
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

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3 Answers | Asked in Workers' Compensation for Florida on
Q: Are you able to explain the following Florida Statutes? 443.041 and 443.1715.

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

Domenic J. Celeste
Domenic J. Celeste
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.

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3 Answers | Asked in Workers' Compensation for Florida on
Q: I am supposed to be in a sling that is not documented per workman's comp doctors but now my manager is telling me to

Off or get a note

Domenic J. Celeste
Domenic J. Celeste
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

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1 Answer | Asked in Personal Injury, Workers' Compensation and Civil Litigation for Florida on
Q: Reopen workers compensation case.

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

Domenic J. Celeste
Domenic J. Celeste
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

1 Answer | Asked in Contracts, Personal Injury, Workers' Compensation and Civil Litigation for Florida on
Q: Lawyer paperwork

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

Domenic J. Celeste
Domenic J. Celeste
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

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: Does workers' comp cover travel to and from a work location that isn't my main designated place of work?

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

Domenic J. Celeste
Domenic J. Celeste
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

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: Workers Compensation

why my workers comp attorney won't send my personal injury attorney my file case?

Domenic J. Celeste
Domenic J. Celeste
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

1 Answer | Asked in Employment Law and Workers' Compensation for Florida on
Q: I want to know if I can do something since I came with a life plan for me and my daughter

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

Domenic J. Celeste
Domenic J. Celeste
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

2 Answers | Asked in Civil Litigation, Contracts, Personal Injury and Workers' Compensation for Florida on
Q: Workers Comp Contract

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

Domenic J. Celeste
Domenic J. Celeste
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

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2 Answers | Asked in Consumer Law, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: My friend lent his boss money, the boss picked a fight with him and fired him without paying him his money back.

There was no contract

Domenic J. Celeste
Domenic J. Celeste
answered on Oct 8, 2021

To me, it's not so much whether your friend may be able to sue or not because he most likely can; rather, it's whether it would be worth it to sue. This depends on how much money was lent as it might cost more to hire an attorney and go to court than what he'd be getting back. Even... View More

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2 Answers | Asked in Personal Injury, Workers' Compensation and Civil Rights for Florida on
Q: Injured on the job

I got injured on the job. Do I have to accept worker’s compensation or can I file a lawsuit?

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Sep 8, 2021

In most instances your employer will have worker compensation immunity from law suit. However, there are certain but rare circumstance where you may be able to file a lawsuit against your employer. In some circumstances, you may be able to pursue both a worker compensation claim and a lawsuit... View More

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6 Answers | Asked in Workers' Compensation for Florida on
Q: Workers compensation contract

I got ran over by a garbage truck while working. I was rushed to the hospital and had to stay for one night. I don't remember signing workers compensation contract. If I was drugged up at the hospital and a workers compensation agent comes in and had me sign their papers, do that counts? Am I... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Aug 20, 2021

You may have a third party case and the contract you signed could be voidable depending on the unique facts of the case. Discuss with counsel here in Florida about possible contingency fee representation.

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1 Answer | Asked in Workers' Compensation for Florida on
Q: I received a settlement agreement from my lawyer where the compensation for lawyer fees was blank. Should I sign this?

The original settlement was stated over the phone to be 10,000 and the settlement agreement says 7500. And the three areas that asserts exact dollar amounts to be disbursed to the lawyer and to me are left blank. I'm being pressured to sign this document and am refusing to sign it without this... View More

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Aug 4, 2021

You should speak directly with your lawyer regarding your concerns and have all of the blanks filled in before you sign it.

1 Answer | Asked in Car Accidents, Employment Law, Workers' Compensation and DUI / DWI for Florida on
Q: If Recklessness falls into intentional tort, can you sue your employer if you already accepted workers compensation?

There’s ways to get around Workers Comp. If you can prove your case. Are you able to pursue a regular lawsuit instead of settling for worker’s compensation if the driver of the vehicle drug test came back positive for cocaine?

Gregory C. Maaswinkel
PREMIUM
Gregory C. Maaswinkel
answered on Jun 28, 2021

For purposes of this answer I am assuming that the driver that tested positive for cocaine was a coworker for the same company that you are employed with. In some instances you may be able to get around worker compensation immunity if the cocaine use caused the accident. If you did not actively... View More

1 Answer | Asked in Workers' Compensation for Florida on
Q: I fractured my arm at work and was told by a doctor that i was healed and could go back to my normal job.

I was still in pain so i went for a ct scan and found out i had multiple fractures and am now looking at surgery. The doctor sent me back to work with no restrictions even though my arm is still broken and ive been waiting over a week for workers comp to send me to a doctor for a second opinion.... View More

Joseph Coughlan
Joseph Coughlan
answered on Dec 29, 2020

The short answer is yes, you should speak with an attorney. Workers' Compensation laws in Florida are very technical and time-sensitive so it is important to keep a close eye on your claim and fight for the benefits you deserve. Please feel free to let me know if I can be of any further help.

1 Answer | Asked in Personal Injury and Workers' Compensation for Florida on
Q: how can i change my workmans comp lawyer without cost

I feel my lawyers is not doing enough to help me on my case as result my injuries are not getting better they are getting worse

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Sep 20, 2020

You can Ask them if they will waive their fee lien. But if they incurred advanced costs on your behalf they should be reimbursed upon a settlement, but again they can waive it too.

All you can do is ask

2 Answers | Asked in Employment Law and Workers' Compensation for Florida on
Q: I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options

I was burned on the job. I believe it is a 2nd degree burn. What would be my legal options

I work for a lawnscaping company in Gainesville, FL. I have been there for 5 months and I see that the lawnscaping company isn't p

August 13th, 2020 I was using a weed-eater at a... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 19, 2020

Your exclusive remedy is workers compensation. File a claim with your employer's workers compensation carrier.

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