Florida Workers Compensation Legal Questions

You would need to be out a certain period of time before you would be paid disability wages for missing time from work for medical treatment. I think if you are having a work related injury that is causing you to miss time from work it is in your best interest to find a Worker's Compensation attorney to apprise you of your rights and be your advocate along the... Read More

 This is a statute of limitations issue. You would have been required to receive medical treatment or medical benefits at least once a year to avoid the statue limitations from running. You also should've been apprised of your rights. You should have an attorney review the medical situation and determine if you might still have a right to keep the case open or negotiate a settlement. The employer and the insurance company are required do you have notified you of your rights and will need to demonstrate that they did so.... Read More

The question is not really clear in the fax. Most workers comp attorneys will handle cases like myself on a contingency fee where you do not pay any of the fees and the cost. However upon any settlement the cost have to be paid. I really have seen a situation where a settlement is not sufficient enough to pay for the costs. Feel free to get another opinion.... Read More

Yes you can change lawyers, however, you will need to retain a new lawyer licensed to practice law in New York. Your current attorney may have a lien for attorney fees and costs which would be paid out of any settlement amount. While your case is open, you should be able to obtain treatment in Florida. Most adjusters hate to deal with out of state doctors and will delay finding one as long as they can. I am not familiar with NY WC law but I would think your attorney should be able to file a claim requesting treatment in Florida. ... Read More

We have taken simiilar action but need more facts to determine if there is action for intentional infliction of emotional distress claim against the carrier/adjuster for refusing to provide the benefits.  Regardless, you need to consult a lawyer immediately on the 440 workers comp claim, and pursue your rights and remedies, and consult on the issue of a tort claim against the carrier.  If there is serious harm that is occuring by the delays then swift legal action in workers comp proceedings can get things going such as emergency motions and petitions, as well as a well crafted complaint or letter on the failure to provide the benefits.  You may reach out to me or another attorney, but more information is needed on the treatment being denied and equipment at issue, and if there is an emergency you can call the adjuster and tell them you need to go to a hospital if you cannot get to a doctor.  again though do not do this alone and seek counsel.  Mitchell ... Read More

 If you change lawyers there will be a lien assessed. I believe it is in your best interest to work out the issues. However, like many lawyers, clients sending text messages is not a professional manner for communicating as I'm sure you have an email address to contact to the lawyer through  As well as a phone number to call to request a meeting.   but you have the right to terminate the relationship at anytime.  These facts I would encourage you not to terminate the lawyer who has worked for you and out in time without being paid most likely.      Your Depo is Tuesday and your prep should be short time and do not panic  If your lawyer does not get with you prior to he Depo and you feel not prepared then call their office and request a conference and express your concerns       ... Read More

Have you or the insurance attorney requested a hearing in front of the WC Judge to determine if the settlement agreement is valid? If you have already had your "day in court" and the Judge approved the settlement, the best advice I can give you is to chalk it up as a lesson learned and move on. Based on the facts given, you would not have a valid civil suit against the insurer.... Read More

If your son was not represented by an attorney when he reached a settlment agreement, he can back out of it if he changes his mind. Without the details of the accident, treatment, amount of settlement, etc. I cannot address that further.  Yes, he can go to work for another employe while the settlement is pending, if the job is within the restrictions given to him by his doctor.... Read More

Dear Anonymous,       Did you have an specific injury to your lower back in October 2015 or did the back pain develop over a period of time. If you had a specific injury, you have 30 days from the date of accident to put your employer on notice of the accident/injury. If you did let your employer know about it, then you should be receiving medical treatment through the workers' compensation insurance company and wage loss benefits, if your doctor takes you out of work or places restrictions on your job duties that your employer cannot accommodate.... Read More

As long as your activities are with your doctor's encouragement to be as active as you can tolerate and you are honest about those activities, you should not have a problem. Surveillance activity checks are pretty common. If they are showing the video to your doctor, you should request a copy of it as well.  They may want to take your deposition and ask you about your activities before you are given a copy of the video and they are entitled to do so per workers' comp. law in Florida.... Read More

Impossible to answer your inquiry without additional facts. When was your accident? have you reached MMI? are you still treating with a physician? Why were you terminated? How long had you worked at the employer? were you given FMLA time off? You need to seek an attorney's advice with all the details of your accident and treatment.... Read More

The calculation on your compensation rate is the 13 weeks of earnings prior to your accident x 2/3. If that is below minimum wage because of your actual earnings that is the amount. You should know that that amount is not taxable as your wages are taxable. For example, If average weekly wage is $313.65, the compensation rate for temporary total benefits would be $209.10. the temporary partial rate would be $200.74. Seek legal guidance if you have further questions.... Read More

Your quitting your job may have a negative impact on your workers' compensation disability checks but your rights to workers' compensation medical care has nothing to do with your employment relationship.  You are entitled to workers' compensation medical care as long as you can show that the need for this medical care is primarily the workers' compensation accident.  If part of the need something other than the workers' compensation accident, you may have to pay for a part of the medical care.  However, none of this is affected by where you work or whether you are working or not.... Read More

This answer assumes that this accident is covered by the Florida workers' compensation law.  Apparently the workers' compensation Dr. could not find anything wrong with your back that seemed to be caused by the workers' compensation accident you described to him so he thinks it must be something else.  You have a right to a one time change of doctors but you must be very careful when to use this.  You should contact an experienced board certified workers' compensation lawyer first.... Read More