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Martin Louis Leibowitz

Martin Leibowitz’s Answers

6 total

  • I am on workers comp, and have been so for many years. My employer is now talking about setteling

    As I stated My workers com carrier is asking me to settle they have treated me well since beggining. But I am no where close to being able to work again. Infact their Doctors have told me I would never work again. I am very worried about setteling...

    Martin’s Answer

    Every state is different. It is important to consult the laws of your particular state for this question.

    In Florida, and under the circumstances you described, my suggestion is that you speak to an attorney regarding your potential options. You may be able to "structure" your settlement, whereby the insurance carrier would purchase an annuity in your behalf which would pay you a set sum of money for life, and perhaps set it up such that your spouse (assuming you are married) may continue to be paid after your death. Typically under many workers' compensation laws across the country, lost wages end at a certain age. By structuring a settlement, you may extend the period of those payments to yourself, and perhaps your spouse as well.

    You should also look into the possibility of settling only the lost wages portion of your claim, while leaving the medical portion open. This is allowed in Florida, and may be an option for you. In this way, you may handle the settlement of the lost wages portion of your claim either through a lump-sum settlement or structured settlement, no longer be concerned with the insurance company for receipt of your lost wages over time and use the money as you please, but maintain your ability to obtain treatment for your work-related injury(ies) through the workers' compensation system.

    No matter what direction you choose to consider, consulting with an attorney in Michigan will benefit you by way of providing you with knowledge of your options, and a projection of the value of your case, either including or excluding the settlement of the medical aspect of the case. You will likely find one or more knowledgable attorneys who will be willing to speak to you at no charge and, if you meet with a couple of them, you should develop a reasonable idea of what your options are.

    NOTE: This observation is made available by the out-of-state lawyer for educational and informational purposes only, is not guaranteed to be correct, complete, or up-to-date, and is not legal advice. Receipt of this information does not constitute a lawyer-client relationship, and no one should act upon this information without seeking professional counsel. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides. Please be aware that if you communicate with my office by e-mail or otherwise in connection with a matter for which we do not already represent you, your communication may not be treated as privileged or confidential. If you communicate with us by e-mail in connection with a matter for which we already represent you, your communication may not be treated as privileged or confidential. If you communicate with us by e-mail in connection with a matter for which we already represent you, please remember that Internet e-mail is not secure, and you may wish to take steps to encrypt sensitive or confidential materials before sending them on the Internet. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you with your legal needs. Many people, including many attorneys, do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail from non-clients.

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  • My husband lost a finger at work. Should he get an attorney? He plans to go back to the same job, does not want to lose job.

    Our health insurance is paid for through his job, so he wants to go back to the job he was at once it's healed, but is afraid he may not get paid what he is due for losing the finger. Do you think getting an attorney jepardize his job?

    Martin’s Answer

    Every state is different. It is important to consult the laws of your particular state for this question. In Florida, and under the circumstances you described, my suggestion is that your husband consult with an attorney to determine the appropriate compensation your husband is due for the loss of a finger. While amputation of an arm, a hand, a foot, or a leg involving the effective loss of use of that appendage would result in a presumption of permanent and total disability, this is not so in the case of loss of one finger. Under your husband's circumstances, he would be entitled to impairment income benefits based on the percentage of permanent impairment assigned by his physician, not to mention appropriate medical benefits. Therefore, if your husband knows his permanent impairment, an attorney can instruct him on the value of his case [a simple mathematical calculation -see section 440.15(3)(g),Florida Statutes], and he will be free to return to work, potentially without need of attorney involvement, assuming the insurance carrier properly compensates him. If not, and your husband hires an attorney which results in his termination, he will likely have a cause of action for wrongful termination pursuant to section 440.205, Florida Statutes.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.

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  • I am receiving Worker's Comp. My boss is asking me to come in to work to do some unfinished business. Should I go?

    My boss wants me to come in and work for approximately four hours while I am receiving Worker's Comp in Illinois from this same employer. Should I go?

    Martin’s Answer

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.

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  • My wife just got fired from her job, how can she get un employement

    she worked for a small retail business, here she was incharged of billing and managing the employees schedules, she had access to alot of infomation, she was accused of providing inforamation to her relatives about there suppliers without any proo...

    Martin’s Answer

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. This observation is not like a communication with a lawyer with whom you have an attorney-client relationship along with all the privileges that relationship provides.

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  • My wife just got fired from her job, how can she get un employement

    she worked for a small retail business, here she was incharged of billing and managing the employees schedules, she had access to alot of infomation, she was accused of providing inforamation to her relatives about there suppliers without any proo...

    Martin’s Answer

    Every state is different. It is important to consult the laws of your particular state for this question. In Florida, your wife has every right to apply for Unemployment Compensation through the Division of Unemployment Compensation. The employer may object to payment of Unemployment Compensation benefits, however, if the allegations against her are unfounded, which will become clear if there is no proof, it is likely that benefits will be awarded. If not, you also have the right to take an appeal in Florida, and there is no requirement for an attorney's involvement. In fact, attorneys are usually not involved in Unemployment Compensation disputes in Florida. As for a lawsuit, Florida is a "fire-at-will" state and, thus, barring some form of discrimination against your wife, there may be no cause of action available to her.

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  • I am receiving Worker's Comp. My boss is asking me to come in to work to do some unfinished business. Should I go?

    My boss wants me to come in and work for approximately four hours while I am receiving Worker's Comp in Illinois from this same employer. Should I go?

    Martin’s Answer

    Every state is different. It is important to consult the laws of your particular state for this question. In Florida, if you have been released to return to work by your physician with restrictions and the activity requested of you by your employer is within those restrictions, there is no reason not to return to work. Keep in mind, however, that any wages you earn as a result of this work must be reported to the insurance carrier so as to avoid an allegation of fraud being raised against you due to receipt of the wages and indemnity benefits from the insurance carrier. In other words, don't "double dip."
    If your doctor says you should not work, follow your doctor's instructions.

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