Leslie Colette Riviere's Answers

Sole proprietor compensating spouse for help in the business.

Several things. First, business with 4 or fewer employees don't have to carry workers compensation in Florida, so that issue is moot. The advantage of having her as an employee may be several. Do you have your own SEP or other pension that you can contribute tax free earnings for her? Do you have a health plan? Obviously if she is an employee you would have to withhold medicare and social security taxes, which by the way, she should be paying in on herself even if she is an independent...

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Can grandparents pass on social security benefits to adopted grandchildren under Florida law

As long as the children are minors, under the age of 18, they will continue to receive benefits because they are receiving those benefits on someone's record. Those benefits will stop when they turn 18, unless they are disabled themselves.

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How long after being hurt on the job can you seek medical attention for

You have 30 days by statute to notify your employer. This requirement is waived if your employer, ie your supervisor, had actual knowledge of your injury. You can file a claim after 30 days, but the carrier will deny the claim for lack of proper notice. You can fight the notice requirement, but it is much more difficult if the incident was unwitnessed or you told no one.

Robbery on employer property

The issue of security cameras etc. comes into play if it is not covered under workers' compensation. Most often premises liability cases are governed by the experience of the owner, i.e. have they had robberies before. Regardless, my question is why did you have $600 in cash? Were you on your way to make a bank deposit? If so, you were still on the clock. Even if you weren't, it is likely still covered under wc as you were still on the employers property.

CAR ACCIDENT INJURY WORK WILL NOT LET ME BQACK OR HELP WHAT CAN I DO?

If the car accident was work related, you can claim loss of income under workers' compensation. If you are unsure whether the accident was work related call an attorney before you call the insurance carrier. If it was not a work related injury, call your insurance company and ask for a PIP application form and ask them to pay you loss of earnings first. You can collet 60% of your lost wages through your own personal injury protection policy (PIP), up to $10,000. Leslie Riviere, Tampa

Seeking lawyer to sue employer for causing employee stress and disability in Brooksville FL area

Stress related injuries are not covered under Florida Workers' Compensation Law. As a matter of fact, they are specifically exempted from coverage. Unless you suffered a physical injury which manifests in a mental injury, there is no cause of action under workers' compensation in the state of Florida. If you employer subjected you to harassment which is potentially impermissible under Title VII, you may have an employment related cause of action. Call your local Equal Employment...

Is workers compensation required in the state of florida, if not what are an employees rights regarding on job injury

I am a Florida workers' compensation lawyer. If you will take a look at Florida Statute 440.02 under definition of Employer, workers' compensation coverage is require for employers of 4 of more employees. If a corporate officer has an election on file with the state, this can reduce the number of employees the company is charged with having. I hope this answers your basic question. The rest of your text was more comment than question, but if you have more questions you can refine your...

Florida worker's comp law?

No. Florida Statute 440.13 specifically gives the carriers or their representatives the right to discuss your medical conditions directly with your authorized workers' compensation doctors. This does not apply to your private physicians.

Under FL state law what information can i give on former employees when potential employers call for verification

You can screen potential inquiries anyway you like. You can request a ssn and date of birth, or you can ask for a written release from the employee they are trying to confirm. You should verify dates of employment and job title if you are certain the information is being sought from a legitimate source. Anything more, such as salary or performance, and I would request a written, signed release from the employee.

Social security

I don't believe it's the pension that's the problem, but rather that you remarried before your husband died, which would make you ineligible to collect on his record of earnings. You are taking the correct step by filing the request for waiver. But if repaying the debt would case financial hardship, don't forget to fill out the financial section of the form indicating repayment would not allow you to meet your monthly expenses.