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Florida Workers' Compensation Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »

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3 Answers | Asked in Contracts, Government Contracts, Personal Injury and Workers' Compensation for Florida on
Q: Workers compensation contract

I don't remember signing a workers compensation contract. And I didn't want to be under workers compensation. I got ran over by a garbage truck. One of the workers compensation clients must of came in and had me sign their contracts when I was at the hospital under the fluence when I was... Read more »

Gregory C. Maaswinkel
Gregory C. Maaswinkel answered on Sep 10, 2021

There are not enough important details in your question to be able to get give you a good answer. For example, who owned the garbage truck? Who was driving the garbage truck? Where did this happen? You may actually have both a personal injury claim and a workers compensation claim. You should... Read 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

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend may sue for repayment of the loan, with the option for first having an attorney send a demand letter. If the verbal terms of agreement were that the loan should be re-paid within a time period that was a year or less, the verbal agreement is enforceable.

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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... Read 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
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... Read more »

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1 Answer | 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... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 20, 2021

You need to contact a member of the Florida Assn for Justice who focusses their practice on Workers Compensation issues.

They give free consults.

Note if the situation is vehicle related, in some states vehicle insurance medical payments can cover the portion of your wages comp...
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2 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... Read 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... Read more »

Gregory C. Maaswinkel
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
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... Read 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.... Read 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
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... Read 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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1 Answer | Asked in Workers' Compensation for Florida on
Q: if your out on workers comp getting paid can your employer pay you on top of that?
Mitchell Feldman
Mitchell Feldman answered on Aug 18, 2020

If you mean you are receiving disability wages and receiving pay so being paid more than you are owed or would receive if working or just on disability then there would be an error on either the employer or Insurance company’s part.

Another good reason you should retain a lawyer.

4 Answers | Asked in Employment Law, Workers' Compensation and Employment Discrimination for Florida on
Q: Is my employer retaliating against me or doing anything else that is unlawful?

N/A

Maurice Mandel II
Maurice Mandel II answered on Aug 14, 2020

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 »

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