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Mark Andrew Touby
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Mark Touby’s Answers

106 total


  • Should I get legal help for a workers comp filing?

    On June 18 while working my shift at the grocery store where I labor, my right knee gave out and started hurting. I ended up being sent home. It wasn't reported to workers comp because it didn't seem like I had hit myself against anything at that ...

    Mark’s Answer

    Yes. You need to speak to an attorney that specializes in workers' compensation right away. The sooner you get the claim recognized, the less likely you are to experience otherwise unnecessary delays in treatment because of the litigation regarding the legitimacy of your claim.

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  • Do I need a workman's comp attorney

    Roofer/ Sheet metal worker...partially herniated disk in neck. Sought medical treatment through company health insurance. Surgery recommended. I have not worked since the end of April. No claim as of yet. Is it too late? Still on the books at wor...

    Mark’s Answer

    You should certainly speak to a workers' compensation attorney soon. There are many more questions that need to be answers to determine the status of your claim

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  • I'm at AC mechanic in Florida I was injured at work Dr placed me on light duty .

    the same day the owner called me and told me that he read the doctor report and he was going to send someone to pick up the van and he will return it once I'm back on regular duty and he asked me what kind of work can I do in the meantime I told ...

    Mark’s Answer

    I would add that you should ask your boss what work is available for you. Since he has your work restrictions, hopefully there is something you can do to stay active in the company. Your indemnity benefits won't commence until you have 7 days of disability. I agree consulting an attorney who specializes in workers' compensation is something you should consider; even if it is only to get more information on what to expect as your claim proceeds.

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  • Does my exemption from Workers' Comp insurance place any risk on my customers or expose them or their home insurance to claims?

    My business was just formed as an LLC in Hillsborough County, FL. We perform hardwood floor refinishing and restoration. I have no employees though I do understand that I am considered an employee of my business. I filed for and was granted an exe...

    Mark’s Answer

    Your election to be exempt from workers' compensation is covered by FL. Stat. 440.05 and 440.077 (assuming you are a corporate officer). You are electing to be ineligible for benefits under the workers' compensation law. There are circumstances that might allow you to recover under other laws. In your question, you indicated, "WE perform...." The situation you may want to investigate further depends on your use of subcontractors to make certain they maintain coverage. Your customers liability may also vary depending on whether they are private home owners, businesses or developers as well.

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  • Fired for apparently stealing a gift card

    I have been fired twice in a month for something i did not do. This time I apparently stole a gift card. I was told the person on the nanny cam " looks like me". I asked to see the video so I can prove my innocense and she said she cannot show me....

    Mark’s Answer

    One of the ways that this might come to light is in the event that you file for Unemployment Compensation benefits as a result of being terminated and the employer indicates that you were discharged for misconduct connected with your employment. In that situation, you may want to appeal the determination and a hearing will be held on the matter. Under the circumstances, it may benefit you to hire an attorney to assist with that claim.

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  • If I'm declared MMI with this last DR in the state of Fla will I be entitled to any workers comp pay I I still have it available

    I was injured at work in Fla. I was on workers comp, had surgeries was fired and was distraught after 13 years with same company. No one explained my legalities and tried to work however after 5 months I could not due to the injury. I notified wor...

    Mark’s Answer

    Your rights in workers' compensation depend upon the date that you were injured and the law in existence at that time. Since you did not indicate the specific nature of your injuries it is difficult to answer your question completely; however, you would certainly benefit from meeting with an attorney who specializes in workers' compensation to go over your medical care to date and identify what other options may be available to you. If you are no longer able to perform the job you did previously, a detailed analysis will be needed to determine your eligibility for any additional monetary benefits. When you say you applied for disability, you may be referring to Social Security benefits, which is a different system, but does have an impact on certain benefits in workers' compensation. I would suggest you speak to an attorney at your earliest opportunity.

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  • I was fired due to theft unemployment said ," I was fired for reasons other than misconduct," can i sue them ?

    I was a leader in my department for 7 years. the reason i was let go is due to slow business. I don't know why they had to brand me as a thief. they had absolutly no proof of their claim and again unemployment said that in the letter they sent me.

    Mark’s Answer

    You should immediately appeal the denial of you unemployment benefits. You can do it online. All of the information you need to do so should be contained in the notice of determination sent to you. Time is the critical element with unemployment appeals. You only need to indicate that you disagree with the determination. The details of the termination will be presented by telephonic appeals hearing before an appeals referee. Given the situation, I would suggest you contact an attorney, but don't wait on filing the appeal.

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  • On the Job Injury

    I got hurt on the job & called last month which is about 3yrs later to request surgery, but I was informed that the statute of limitations had run out and they could not help me. I'm having much difficulty ambulating due to the injury. been worki...

    Mark’s Answer

    Your question presents a number of potentially complicated issues. The statute of limitations may bar your benefits, but you need to see an attorney that specializes in workers' compensation right away. A skilled workers' compensation attorney will be able to analyze your situation and determine which option(s) may be available to you. I cannot stress enough that you need to see someone immediately because every situation involving the statute of limitations is specific to the facts. Don't give up on this, see an attorney!

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  • Best workers compensation Insurance Company

    I am trying to find which are the best insurance companies for workers compensation in Florida.

    Mark’s Answer

    I practice workers' compensation in Florida. Florida is one of the few remaining states that is controlled by NCCI (which is the company responsible for suggesting rates to the office of insurance regulation). Florida does not have a competitive rate making system, which for you means that you'll likely get the same rate no matter what company you choose to go with. Each insurance company handles their claims differently, so if you are looking for a company that will take care of your employees, then that would be a different company from one that will fight every claim made by your employees. Your "experience mod", which is a complicated formula will also have an impact on how much you pay for insurance. You may want to consult with several different insurance agents and determine what the best is for you.

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  • Once l'm released from one doctor MMI. Does the new doctor that I'm seeing call the shots.

    Basically, I want to know if w/c will accept a second opinion. I was released from my w/c doctor and I'm under a new doctor who once again w/c sent me to so that they could manage my care. My new doctor advised me that I was not capable of working...

    Mark’s Answer

    Once you have changed doctors, the insurance company (wc) should follow the treatment plan and restrictions of the new physician. If they don't, you may want to consult with an attorney who specializes in workers' compensation.

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