I'm sorry about your injuries. Yes, on your first question, it sounds like you would qualify for maintenance and cure. Those fast boats are usually domestically registered and do not operate under offshore flags. I can't be certain, based on the details of the post, but I would guess that... Read more »

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answered on May 2, 2023

If you believe that there has been an error in the Social Security offset calculation for your workers' compensation settlement, you can take several steps to address the issue.

First, you should gather any documentation related to your settlement and the offset calculation. This might... Read more »

A Florida attorney could advise best, but your question remains open for a week. Was the hospital negligent in any manner? A fallen fence that had poison ivy on it on its own might not necessarily amount to negligence, unless there are additional details. Ordinary, something like this could be... Read more »

If the indemnity/lost wages portion of your case was settled but the medical portion of your case remained open, you should contact your attorney or an attorney that has experience in workers' compensation cases to help. You may be able to file a petition for benefits seeking continued... Read more »

Very good question! This would, most likely, fall under the initial date of accident with the insurance company, even though it's, technically, a new accident. If this new injury happened while working, it could either be a new injury or fall under the original accident. Either way, you should... Read more »

Work comp shouldn't be requiring random drug testing as it relates to the injury and original date of accident unless the authorized treating physician is prescribing medications and drug testing is medically necessary. However, the employer may have a drug free workplace program in place but... Read more »

Because you were injured while on the job, you have a Worker’s Compensation claim, as well as a third-party claim against the other driver, if he was at fault. Retain counsel on contingency fee, which means you don’t pay anything unless you win.

Given the limited facts you provided, you should claim work comp benefits. You may also have a liability claim against the at fault party. Under Florida Law, you have 30 days to provide notice to your employer. If your employer was aware of your accident and that your missed time from work for... Read more »

Yes, workers comp is for on-the-job injuries. You were driving as part of your paid duties, so you were on the job. But if the accident was the other driver's fault, you can also set up a claim with that driver's insurance and, if necessary, sue the driver (and owner, if different from... Read more »

You should contact a Florida employment attorney to discuss this situation further, as this will be a highly fact-intensive situation. While the Americans with Disabilities Act permits you to request accommodations - including a position reassignment - your employer need not maintain your same pay... Read more »

In theory, yes. Essentially, you would be seeking medical or lost wage benefits. Damages such as pain and suffering are not available in Florida Workers' Compensation cases. However, it may be difficult to meet the standard of proof required by Florida Workers' Compensation law. The type... Read more »

Additionally the injured person will make a claim against your employer. But if there’s any employment law issues aside from work comp such as not being paid for this time or other overtime consult an employment lawyer

Since it your seems to have been the one to have caused the accident (unless there was something that the semi-truck did wrong), I don't think your son would have a successful personal injury case verses the semi-truck. Hopefully, your son has bodily injury (BI) protection, which is what the... Read more »

I agree with Mr. Celeste's answer and am writing to address your last statement: "I’m considering finding a different lawyer...". That sounds like you have retained (signed with) an attorney already. If that's the case, and you fire that lawyer, he/she will likely have lien... Read more »

It sounds like you have two types of cases here: 1) work comp as you were injured while performing your normal job duties, and 2) personal injury verses the driver of the vehicle that caused your accident. I'm not quite sure why you're not getting work comp benefits, but there's not... Read more »

There may be a situation where there would be an offset between work comp payments and social security payments. Work comp might also be looking into your medical history, to which they're entitled, to determine what conditions you used as a basis for social security benefits or to determine... Read more »

You have two claims. You have a claim for workers compensation because you were injured on the job. You also have a third-party claim against the at fault driver who caused your personal injuries. You should retain a personal injury Lawyer to pursue the claim against the at fault driver and recover... Read more »

You may have both a work comp and personal injury claim. Work comp can pay for authorized treatment, transportation to and from medical appointments, and pay you checks every 2 weeks for lost income. In personal injury, you may be able to recover for pain, suffering, mental anguish, inconvenience,... Read more »

If your accident occurred while working, you should be seeking medical care and lost wage benefits through your employer in a workers' compensation claim. There are times where treatment outside of workers' compensation is advisable, but more often that is the best place to start -... Read more »

You can often treat with providers on "letters of protection" and not pay up front, but out of the proceeds of a case. Generally, medical providers offer this if you have an attorney pursuing an injury case. You should consult with an experienced injury attorney as soon as possible.