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Florida Workers' Compensation Questions & Answers
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
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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... View More

David Alan Wolf
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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... View 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
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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... View More

Q: Can my husband get a huge check after getting struck by lightning?

A while back my husband got struck by lightening on the job along with 3 other people on a field. the dairy gave him workers comp. But just yesterday he found out not even by his boss but by an ex-employee he was fired; due to getting contractors to do their job. My Husband worked on the fence... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 18, 2017

Contact a member of the Fla Justice Assn that handles comp--they give free consults. Your husband needs to find out when he can go to a doctor of his own choosing. Generally that's all your husband will get.

1 Answer | Asked in Workers' Compensation for Florida on
Q: Second opinion contrasted with first doctor's opinion. Should I have received compensation for the time between appts?

Despite my nurse case manager requesting a nerve function test, my job being unsafe to perform in then condition, and being unable to pass the regular physicals required by the government to perform my job, my first doctor released me back to work with no restrictions. Requested a second opinion... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Jun 25, 2017

You may have a claim for past disability wages under florida work comp

If working in florida may be again under Florida work comp law

You can get a free consult from a florida work comp lawyer and go over all the facts and your rights

1 Answer | Asked in Workers' Compensation and Social Security for Florida on
Q: I'm set to retire will that affect my workers comp that is pending?
Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Jun 25, 2017

Not medical benefits under work comp. If you are working now and retire but later become disabled you probably cannot qualify for disability wages

You may want to consider getting an attorney to help consider a settlement

1 Answer | Asked in Workers' Compensation for Florida on
Q: Received letter saying they are now denying m6 benefits for missed appointments, which isnt true. Do my benedits stop?

I was injured 4 months ago they were paying than this week i get a letter saying they are denying my benefits now for missed appointment, which isn't true. Can they just stop my benefits with out an approval from a judge? What is the legal process of something like this? Prior to all of this... View More

Mitchell Feldman
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Mitchell Feldman
answered on Jun 25, 2017

You have an attorney and should set a meeting to go over this with him or her.

But yes if you are not being compliant they may stop paying disability

Again your attorney filed a petition so you are being protected

1 Answer | Asked in Arbitration / Mediation Law, Employment Law and Workers' Compensation for Florida on
Q: 3 Year Case Without Mediation. Confused, please help?

My father has a 3 year old workmans comp case that is ongoing. His workmans comp lawyer advised my father at both medications that he should not accept the insurance companies offer. Taking the advise of his lawyer, he declined the offers. The last mediation was scheduled for March, however when... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Jun 21, 2017

The insurance company has no obligation to settle.

If you cannot get it done or push them you can obtain new counsel who may have fresh ideas and strategies to get them to the table.

2 Answers | Asked in Health Care Law, Personal Injury and Workers' Compensation for Florida on
Q: My case manager for sedgwick asked me if i wanted to continue medical care or did i want to reach a set

She wont go into detail and i have no idea what i should do it have not received a check since April and now have my payment suspended do to non compliance i feel as if i am in the wrong no matter what i am a single mom of 3 and I am being punished for not having my cell phone service on due to... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 20, 2017

You need to contact a member of the Fla. Justice Assn who handles workers compensation. They give free consultations.

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2 Answers | Asked in Real Estate Law, Small Claims, Employment Law and Workers' Compensation for Florida on
Q: I was out of work for 7 months due to accident while at work Was receiving workman comp. Insurance wasn't being paid

Employer states they used My PTO to pay my health insurance Now employer States i owe them 1700.00 dollars due to not enough pto was used to pay my health insurance can employer 1700.00 can they put a lien on my house If I don't pay? This was their mistake

Jennifer Isaksen
Jennifer Isaksen
answered on Jun 2, 2017

You will want to consult with an employment law attorney. The only way I am aware they could put a lien on your home would be to get a judgment, which would require filing a lawsuit. Best of Luck to you!

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3 Answers | Asked in Workers' Compensation and Car Accidents for Florida on
Q: What kind of attorney do I need?

I was in a car accident while working as a delivery driver and the other driver was at fault. Do I need a car accident attorney or a workers comp attorney? Is my employer required to carry workers comp insurance in Florida?

Michael Nicholas Lygnos
Michael Nicholas Lygnos
answered on May 14, 2017

Good question. Your case sounds like a workers comp claim against your employer, if in fact you are an employee and not an independent contractor. Some employers try and avoid responsibility by hiring independent contractors.

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1 Answer | Asked in Workers' Compensation for Florida on
Q: Why would workers comp atty take case, say he is going to file in 3days, then does not file PFB,leaves worker injured

Causing great hardship and delays for injured worker. The attorney did not contact carrier I had to did it myself then end up firing atty after 7 weeks. by now I have filed PFB myself. employer was under reporting. Should I write the atty to try to get an explanation as I should have that for the... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Mar 26, 2017

If you are. It getting benefits you should be then a petition is needed. However the petition requires first contacting the insurance carrier and trying in good faith effort to resolve and may require medical records to support the petition

Maybe your attorney is waiting on any of the...
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1 Answer | Asked in Health Care Law and Workers' Compensation for Florida on
Q: Can a doctor treat a patient who was a previous workmans comp case that is closed?

I had been going to a doctor for knee problems, previous to an accident. Broke my leg at work, same doctor happened to be the workmans comp doctor. the workmans comp case is closed. Now I am told by this doctor's office that I cannot be a patient with insurance, that it is a law? This... View More

Peter N. Munsing
Peter N. Munsing
answered on Mar 12, 2017

They may have it confused. You can see the doctor assuming he takes your health insurance.

1 Answer | Asked in Workers' Compensation for Florida on
Q: What does this mean

unopposed Motion to Substitute Private Mediation. What does this mean?

Brian Lehman
Brian Lehman
answered on Mar 5, 2017

you did not include a question here

1 Answer | Asked in Workers' Compensation for Florida on
Q: I settled in Miami-Dade a workman's comp case in 2005 because the workman's comp had ended and I could not survive.

Had my right ankle fused and now I still have swelling and pain and its been 12 years. was just released from a job after 2 days because of my physical limitations. Can i reopen the old case?? where can i go from here?

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

You settled the case in 2005; so no: you can't reopen it. But to be sure you might want to talk to an attorney who practices in the area of worker's compensation.

2 Answers | Asked in Personal Injury and Workers' Compensation for Florida on
Q: Are you allowed to file a lawsuit against your employer in the state of Florida? If you are a Federal employee?

I was involved in a terrible MVA at work and I am not sure if I can return to work. I am sure that my vehicle wasn't repaired properly causing me to get into my accident. I have several written vehicle service slips showing that I had concerned about the truck

Peter N. Munsing
Peter N. Munsing
answered on Feb 16, 2017

May be a viollation of OSHA and hazardous workplace but generally federal comp is your ownly avenue if you were on the job. Why not call a member of the Florida Justice Association--they give free consults.

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1 Answer | Asked in Workers' Compensation for Florida on
Q: FL-Does WC cover income loss from both jobs? Injured @ part-time job but couldn't work my full time job for 4 mo.

My full-time job is my own Ficticious Name business. I'm the only employee. I do not have and am not required to have Workers Comp. I was unable to work either job because of my injury.

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Feb 12, 2017

Chapter 440 will cover loss of concurrent income if documented and the information provided to the insurance carrier. You should consult a work comp lawyer to protect yourself. MLF

2 Answers | Asked in Workers' Compensation for Florida on
Q: I have a small business that is in the process of closing.I have a Work Comp Penalty that I am making monthly payments

The penalty is not right and I tried fighting the accusation. I lost. Once the business is closed, can they go after me personally for the payment? Do I legally have to continue to pay? Thank you.

Ashley Wren
Ashley Wren
answered on Feb 2, 2017

If this is in relation to a stop work order then the Division can only go after assets related to the business and owned by the business, or corporation.

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1 Answer | Asked in Workers' Compensation for Florida on
Q: How flexible is the deadline on filing a workers' comp claim? I was busy recovering and think I may have missed it by a

couple days.

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Jan 14, 2017

If you failed to report in 30 days but employer knew of work injury then you may be able to still pursue

However time is of essence to file and put them on notice and you should consult a lawyer

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