The work comp statute of limitations in Florida is complicated and is also very fact dependent. Generally, the statute of limitations is 2 years from the date of accident or 1 year from the last date of work comp benefit such as medical treatment, medical mileage reimbursement, a work comp benefit... View More

1) Contact your attorney.

You say you resolved your case including a payout plus retroactive TTD. The court by default gives defendants 30 days to pay an award. After 30 days you are entitled to penalties and interest.

Cash the checks.

WC payments are tax fee, not... View More

Hi there,

From your question, it sounds like the communication between you and your attorney is not very good. You should have a complete understanding of what went on at the hearing, what money you can expect to receive, and why you are receiving it. You should also definitely be cashing... View More

Dear injured worker,

It is not unusual to have the insurance company issue payments towards a settlement without actually having a settlement. This does not mean that there won’t be a settlement at some point. If you had a knee replacement then you have a substantial Worker’s... View More

Stephen Bilkis Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2024

I'm sorry to hear about the challenges you're facing with your Workers' Compensation settlement. Navigating these complex issues can be stressful, and I hope the following information helps to clarify your concerns.

Disclaimer: This information is based on New York law and is... View More

Hi there,

Yes, as the client, you have the absolute right to change lawyers at any time. Your concerns about your financial situation and medical recovery are legitimately, and should be taken seriously by your current attorney. I would start by having a conversation with them, and not... View More

The answer to your question will require an attorney to look at the settlement agreement in the workers compensation matter. If the scope of the workers compensation settlement was written too broadly, you might have signed away your rights to sue for unlawful retaliation. You need to locate and... View More

You most likely have two distinct and separate cases, the first being the worker's compensation claim, and the second which is a civil rights claim that has to be filed within strict deadlines, called the statute of limitations, or you could end up waiving and giving up your civil rights... View More

You say you filed a claim for retaliatory termination. However you do not indicate how or where you did such a filing. It is critically important that you immediately locate and consult with an employment law attorney with whom you can share much more detail. Depending on where you filed your... View More

There are Statute of Limitations (SOL) in Florida specifically for work comp cases. One of those is that you have to see your doctor every year. If you don't, your case may be closed. HOWEVER, there are ways around violating the SOL meaning your case would still be open if one or more of them... View More

I cannot say that you cannot file this under workers' compensation but I would not represent you and I doubt you would be able to find an attorney that would. You can contact the Office Of Injured Employee Counsel at 1-866-393-6432. The type of injuries of which you speak are really ordinary... View More

Steven M. Chanley Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024

Selecting an attorney is an important decision, as whomever you engage will hold your legal interests, either as a person or a business, in their hands. It is critical to hire an attorney who is not only competent and trustworthy, but also one who will listen to you to determine the best way of... View More

From what you’ve described, it seems your company is following the standard FMLA process by requiring paperwork from your physician before approving your leave. This is pretty typical, as FMLA approval hinges on documented medical necessity. They’re giving you a chance to submit the necessary... View More

It depends whether you were working in the year following the injury. If you were unable to work after your DOI, then your rate of pay is based on your wages from before you were injured. However, if you worked after your DOI (presumably up until your surgery), then your rate of pay is based on... View More

You are right that the applicable limitations period is PROBABLY expired, but reliable legal advice on whether any particular issue/dispute definitely is or is not still within the applicable limitations period is something that must be asked for by picking up the phone and speaking directly to a... View More

Hi there,

Your question is actually quite complex. In a California workers' compensation case, there are different scenarios where you will receive permanent, partial disability payments. The maximum rate of these payments is $290 per week. The length of time you receive these... View More

So you had surgery on a shoulder and were given 3%, the rest or 32% pertains to your low back and neck. Something is off. In fact, your question cannot be answered because there is not enough information. For example, are you close to Medicare age? If so, there must be a medicare set aside. If... View More

To be compensable under the Illinois Worker's Compensation Act, an illness or injury must be caused or contributed to by a person's work. On your facts, your husband does no lifting or other strenuous work beyond driving. On your facts, your husband's heart attack cannot be... View More

While you are always free to fire and then hire a new workers' comp attorney, the 2nd attorney will, in many cases, not be willing to represent you because you have to make sure your first attorney doesn't have a big attorney fee bill that needs to be satisfied first. Attorneys like to... View More

A client can fire his own attorney at any time for any reason. The old attorney will still be entitled to compensation for services rendered up to the date of his termination. A new attorney often will not agree to take over a case until you have first paid the previous attorney as agreed.