Your post seems to come from Florida, we have different laws in CA, but you are covered under the ADA, everywhere. It is very difficult to respond to your inquiry because you do not say whether you can perform all the essential functions of the job with or without a reasonable accommodation, and...Read more »
You will not have to pay fees. However, you could be obligated for any advanced costs. You will need to read your contract. Many lawyers have agreements that say no fee or costs unless recovery. Your lawyer may have a lien though against any future claim pursued through litigation and...Read more »
This is posted under Admiralty/Maritime, but I am not able to cross-reference any federal maritime statutes under those letters and digits. If it is a case citation, one possibility is Moorish National Republic Federal Government #AA222141 et al v. US Department of State et al, US District Court...Read more »
A Florida attorney could advise best, but your question remains open for two weeks. A good starting point would be to try to arrange free initial consults with a personal injury attorney - and if the accident occurred in the course of employment, a workers' comp attorney. Move quickly, so...Read more »
No you will not. However you should discuss your options for a lump sum settlement in the Worker’s Compensation case with an attorney. If you die or become disabled because of another accident or injury or simply pass on there’s no value in the case is over. Plus you can settle now and reap the...Read more »
Probably because the USAF and the FAA are legally not the same employer; neither is any other federal agency the same as the FAA or the USAF. FYI: Every federal agency employer is different from all others; and the military civilian corps is completely different than that of any federal agency.
I worked for a family for about 3 years. My job was to take care of their 97 year old mother. They did not pay legally until a month or so before their mother died. The mother told them to make sure they paied us a severance after she died. Well when she did die they didn't give us anything... Read more »
It's unclear what you mean by "... They did not pay legally …". Did you work for the mother or for her children? In any case, severance pay is normally a voluntary payment unless it's required by a written employment contract. So they would not be obligated to pay it.
I am suffering from repetitive stress injury. I called out of work and went to the doctors. I requested to fill out an accident report. They filled one out and gave it to me at the end of the work day. Once I read it they filled it out incorrectly. Not putting what I actually told them. Seems to me... Read more »
If an off duty law enforcement officer takes action in an emergency situation (like a shooting at a church), outside of his or her jurisdiction, who is liable if the officer is injured? My department is possibly allowing the use of marked and unmarked vehicles to attend religious services while... Read more »
Workers comp insurance should cover on-the-job injuries. The insurance should be carried by whomever is hiring the officer for the particular job, unless his/her department's insurance happens to cover in that situation.
when I was terminated. I was not on medical leave when the termination happened. I was at work. That is why I'm concerned about going forward with the surgery. Florida is a right to work state, and an employee can be terminated with or without cause. In my case it was without cause. But,... Read more »
Well certainly if the termination is retaliatory it would be unlawful and depending upon facts there may be numerous other laws at issue, so again I encourage you to get your situation reviewed by counsel and you may as well contact me if you choose
for authorization. While waiting for the authorization I was let go from my job. I just received notice from the doctor's office that the authorization had been approved. And they wanted to move forward with the surgery. Am I still allowed to proceed with the surgery? I don't want to be... Read more »
If the workers compensation carrier has authorized the surgery, and you have not received any notice of denial of benefits, then yes of course the carrier should be paying 100% for all medical treatment and the surgery. The fact that you were let go, assuming because you could not return to work...Read more »
I filed for workers comp in florida for repetitive stress injury. I was accepted under reservation of rights and they are sending me to a doctor they chose. Does this mean I will be compensated for my past missed work/income? Can they decide later to deny me and make me pay the doctor fees of the... Read more »
Stress is not an injury covered by chapter 440. If you mean repetitive stress fracture that’s different. Assuming it’s the latter you won’t be compensated u less you are out for at least 7 days. They cannot bill you after they authorized a doctor. Most it not all work computer lawyers...Read more »
I am the beneficiary mentioned above who has been receiving payments since 2012, payments are to stop in about 28 years. Since I am not disabled can I request a lump sum or a partial disbersement of remaining funds?
Insurance companies always want to settle in a lump sum, but its subject to a negotiation with the insurance company. They will not simply pay you the present value. Do not negotiate on your own. I recommend you hire an experienced workers comp lawyer or law firm.
The question is not clear. If you are retiring then how is it you are getting disability income? Most work comp lawyers including me will offer free consults on work comp matters. Find someone and make an appointment by phone or in person.
The attorney I want to dismiss stated "our judge has to approve it and she loves him and won't " his words in an email and text. I live in Arizona so I need to travel to Los Angeles in order to give to the court a copy of proof of service. I already gave a copy of the letter to them.... Read more »
Your question is unclear, but apparently the judge is in Los Angeles, California, so you should have asked this question in Justia › Ask a Lawyer › California ›. But no, you wouldn't have to travel to L.A. to get the proof of service to the judge; simply mail it to the clerk of court....Read more »
and Drive was arrested for a DUI and consequently fired as a no show. I am unable to get another job due to still no release from the doctor and this is 9 months later. Am I entitled to WC compensation due to not being able to get a job.
First I will tell you it’s contrary to your best interest to not have representation in this Worker’s Compensation claim. So my purse recommendation for you is to obtain an attorney. Attorney will fight for you and your rights under Worker’s Compensation law to get the benefits you were...Read more »
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...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.