Get free answers to your Workers' Compensation legal questions from lawyers in your area.
this mean I'll be cut off from my benefits? I did nothing wrong to warrant the termination.
answered on Nov 26, 2018
We need more faxed to give you a better response here to your legal questions. Chapter 440 the Worker’s Compensation act under Florida law prohibits retaliation. Laying you off may or may not be some sort of form of retaliation. If you’re unable to do your job any further unless you’re... View More
evaluate me. Could I lose my benefits if the second doctor finds my injury less severe than the first?
answered on Nov 5, 2018
Yes you can if that doctor says the accident did not cause your injuries or there is no medical necessity for treatment. I think you need to get an attorney as soon as possible. Insurance company does not have a right to force you to go to a second opinion which is not an IME
Obviously... View More
I'm acting on behalf of my spouse who is afraid of any kind of litigation or legals procedures in general. I have a little base because my studies on this field. He was involved in the A Airline flight 383 Chicago/ Miami acc last Oct 28 2017, and at that time he was in business trip working... View More
answered on Oct 3, 2018
You have appropriately categorized this question under "Worker's Compensation". You should consult with an attorney who practices in that field; it appears that your spouse may have a claim. Employer fault is not pertinent in worker's compensation.
Neck and back pain I file a claim for workers comp
I am an RN and caught a patient before she hit the floor, hurting my neck and upper back. I told my charge nurse I was injured and needed to be seen, as well as notifying her that the patient needed a room with a working camera. I was denied the room and told that she would report the injury. Half... View More
answered on Sep 1, 2018
So what's your question. You have a worker's compensation claim.
I was working for a landscape company worked for them for 9 months from the very first day I was driving there truck and I have just found out that I am not on his vehical insurance policy for the vehicle that I drive every day. . Im in state of Florida and dont know if I have a case. Or not.
answered on Aug 29, 2018
As far as I see it the answer is NO.
How are you damaged?
Fortunately. There was no reason to have needed to use the insurance.
It is like being in a building and leaving. 5 minutes later the building collapsed.
You can't sue because the building COULD have collapsed when you were there
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... View More
answered on Aug 19, 2018
You should request either a phone conference or live conference with your attorney.
Several other relationships have happened in the company without incident just mine is given this treatment.
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.
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... View More
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... View More
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?
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... View More
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... View More
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... View More
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... View More
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.
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... View More
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... View More
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.
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... View More
answered on Mar 19, 2018
yes, your job-related injury is covered even though the work was not a part of your regular duties.
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... View More
answered on Feb 23, 2018
Your auditor is probably correct. Just be sure those people have workers compensation coverage.
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
answered on Feb 18, 2018
No. Workers compensation is your exclusive remedy against your employer.
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... View More
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
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... View More
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... View More
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