Florida Workers Compensation Legal Questions

  I am sorry to hear about your injury. Do not delay contacting an experienced attorney who can discuss with you in a private consultation. If this is not deemed a Workers' Compensation matter, a Personal Injury attorney can determine if there is a potentially viable liability claim. We all give free consultations and if we take the case, it would be on a contingent fee basis. Start this process with a free consultation. Better sooner rather than later. We cannot solicit you, so you will have to reach out.... Read More

Despite that it's a he said she said, you still may have a case. A lot of times, 911 calls reporting the accident can discern witnesses who may have seen the accident and called 911. This records are all taped and can be retrieved. Additionally there may be cameras from businesses near by that can also be obtained. Time is of the essence so retain counsel ASAP before said tapes are overwritten. Finally, reconstruction accident experts can be retained to determine who was at fault. Retain counsel here in Florida for contingency fee representation which means you pay nothing unless you win. ... Read More

I'm sorry to hear about the difficulties you've been facing since your accident on 7-11-05. As a Workers' Compensation attorney in Florida, I understand that your situation has caused you significant physical and emotional distress. It's important to acknowledge the challenges you have endured, including the multiple surgeries you have undergone, the infection you contracted, and the ongoing pain you are experiencing in various parts of your body, such as your hip, knees, and shoulders. In situations like yours, it can be frustrating when the company refuses to provide further surgeries and fails to address your potential permanent disability status. It is your right to receive the necessary medical treatment and support, as well as the documentation that validates your disability status. It seems that the company's response, or lack thereof, has left you feeling ignored and unsure about your future.  I would recommend taking proactive steps to address this situation. Here are some suggestions: Consult with an experienced Workers' Compensation attorney: An attorney who specializes in Workers' Compensation cases can provide valuable guidance and help navigate the legal process. They can advocate for your rights, communicate with the company on your behalf, and ensure that you receive the appropriate benefits and medical care you deserve. Document all communication: Keep a record of all interactions with the company regarding your disability status and medical treatment. This includes dates, times, and the individuals involved in the conversations. Having a detailed account can help your attorney build a stronger case and demonstrate the company's negligence or lack of response. Seek a second medical opinion: If the company refuses to provide further surgeries or medical treatment, consider obtaining a second opinion from another qualified medical professional. Their evaluation can provide additional evidence supporting your need for treatment and may strengthen your case for Workers' Compensation benefits. The short answer in your case, is that Permanent Total Disibility Benefits remain open as long as your workers' compensation claim is open. Remember, as an attorney, I am here to support and fight for my clients’ rights. I understand the physical and emotional toll these types of situations can take on my clients’ life, and I am committed to helping them seek the compensation and justice they deserve.  Also, you must receive medical treatment or other benefits from Worker’s Compensation at least once a year to keep your claim open. Please keep in mind that the information provided here is general in nature and should not be considered legal advice. It's essential to consult with a qualified Workers' Compensation attorney in Florida to discuss the specifics of your case and receive personalized guidance.... Read More

I'm sorry to hear what the hospital is doing, and wish you well on the baby! This appears to be an Employment Law matter, however, if your wife was injured on the job, this may be a Workers' Compensation matter, as you have selected. Seek consultation asap with an attorney of the appropriate specialty or both. Loren L. Gold, Esq.... Read More

Dear Andre, I am sorry to hear about your situation. I would like to know more facts about the accident in order to comment and possibly help you. There are steps to take regarding WC denial and strict time limitations for pursuing such claims, therefore you should consult with an attorney asap. Perhaps there is also the possibilty of bringing a 3rd part liability claim against another party at fault other than your employer? Again, reach out asap. to avoid compromising the possibility of a potential claim if one exists. We all give free consultations.    Loren L. Gold, Esq  ... Read More

I am sorry to hear about what happened to your mother. The first thing that should be done after your mother seeks medical treatment and is taken care of in that regard, is to get the police involved in investigating the incident/ its background and then obtain their report. To further answer your question, I would need more information than you provided. I hope that your mother recovers fully.... Read More

I am sorry to hear about your husband's injury and hope that he recovers fully. More facts are needed which can be discussed in consultation. An experienced professional can guide and advise you and evaluate his claim.  You will have to reach out, as attorneys are unable to directly solicit on this forum. Do not delay so as not to prejudice his rights.... Read More

Hello,  You may need to consult with a Workers Comp attorney on that part of the claim; however, it appears that you have a potential Personal Injury claim. For that, you should speak with a Personal Injury attorney. Reach out for consultation, as we are not permitted to solicit on this forum. Do so as soon as possible, as there are deadlines and requirements to file claims. ... Read More

Two questions. The lawyer who no longer represents you must have his fees approved by a Court. If fees are being paid by the Employer/Carrier, you can object, but Court will likely approve. If the fees are coming from your money unless the Court finds them reasonable, they wont be awareded.   Worker's Compensation does not require a release. However most Employer/Carriers require one to be signed in order for them to agree to a settlement. ... Read More

Best advice would be for you to seek a private consultation with a Workers' Comp attorney rather than hope to receive some useful pointers in response to your post. The Workers' Comp system is a very difficult system to attempt to navigate through on a DIY basis. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.... Read More

All that is involved in a complete review of your file and case is required before any lawyer can answer your inquiry with any accurracy. You certainly are free to seek a second opinion especially now as you appear to be unrepresented.   If you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.  ... Read More

That was pretty bold of that attorney to say something like that, especially if there was a court reporter taking all of it down.  That would create a record of "proof."  You should contact The Florida Bar attorney complaint division at 800-342-8060.  They will walk you through on what can and can't be done.  Our condolences on your ex-wife's terminal condition.  Best of luck in that situation as well as your workers' comp case. Law Office of John W. Merting, P.A.... Read More

I highly recommend that you go slow....you are NOT required to settle.  You can have insurance continue to pay until his death - all necessary medical, which will only go up much faster than regular inflation.....plus annual COLA benefit increases.  Insurance usually will only settle for 50 cents on the dollar and they will use a discount rate much higher than normal, then you have to pay Medicare Set Aside and attorney fees and costs out of what is left.  I have obtained many permanent total disability awards and have only settled one! He had a terminal heart condition with only less than a year to live..company was unaware, we settled for a bunch.  He had a family and zero life insurance! All others I have strongly advised against settling, even though I would have gotten a very large fee.  I have done quite a few brain injury maritime cases and almost all required full-time attendant care sooner or later and workers' comp settlement will never include that.  I would be glad to discuss this with you further at no charge.  Good luck! I am out of town, but my cell is 850-454-9584.  Text me your number and I will try to call as soon as I can.  Regards.  John W. Merting... Read More

The Workers' Compensation system is filled with requirements that must be followed by claimants and treating with authorized physicians is one of them. There are also exceptions which come into play when the carrier does not follow their statutory requirements and an attorney can assist you with these issues. The system is a virtual minefield for unrepresented claimants. We cannot directly solicit you so you will need to reach out for consultation. ... Read More

Hello R.M. Your situation presents some tricky issues regarding your case status in NJ and FL WC law concerning your type of injury to the same body part. 1st a NJ WC attorney needs to determine if this new incident falls under the re-opened NJ claim. If it does not, and is determined to be a new FL claim, depending upon medical findings and the position taken by the WC carrier, you may need to reach out asap for consultation with a FL WC attorney to protect your rights.... Read More

Since you were injured on the job, you are absolutely entitled to Florida Workers Compensation benefits, but because you are covered by workers comp you can not sue. Hopefully you reported your injury promptly. You should consult with a Board Certified Workers Comp attorney who only represents claimants and no employers and their insurance companies. Good luck and regards... Read More

There is no answer to your question.  There is no formula for settling workers' compensation cases.  Settlements are purely voluntary.  The workers' compensation insurance company will look at what it likely will have to spend in the future on workers' compensation benefits if they do not settle and try to settle for less than that.... Read More

You need a work comp attorney as soon as possible.  A good work comp attorney will fight for all benefits and treatment, including psychiatric and psychological.  If there is any causal relationship to the fall, there are means to obtain benefits and treatment for the condition, but he has to be the client and want the benefits/treatment.  As long as an authorized phsycian makes the referral or, you can obtain an IME, there is potential for treatment paid for by the insurance carrier.  ... Read More