Joshua Johnson Stewart's Answers

My husband is on Workers Comp from a fall at work. Does he have to fill out the FMLA forms that he received?

I’ll start with recommending a consultation with a CA attorney. I understand you are under time limitations. Pursuant to the conditions expressed below, I will provide you with information related to your question. I am prohibited from providing you with legal advice. I am not licensed in CA. There are no circumstances that would allow me to practice in CA, or provide legal advice to CA residents, concerning CA law. Reading further represents full consent to the following conditions,...

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Can I Change my lawyer for another one, on a workers comp injuries case, after years of no results? or the case is lost?

DISCLOSURE: The following response is for informational purposes only. It is not legal advice. Answering this questions does not form an attorney client relationship. - Changing your attorney will not result in you "losing your case." Your entitlement to benefits under Florida's Workers' Compensation Laws is not contingent upon whether you have counsel, or contingent upon which attorney you have. Your entitlement to benefits is based upon the injury, or injuries, you sustained while in...

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Trying to draw unemployment, but cannot get the whole amount because i am recieving impairment income benefits......

Disclosure: this response is provided to you as a courtesy and is for informational purposes only. It is not legal advice, and should not be considered as such. The response to your question does not create an attorney client relationship. Now - in response to your question - When you receive impairment benefits, it is a form of income to you. The Agency for Workforce Innovation, (Unemployment) has rules and guidelines concerning when the will take an offset, or reduce, the amount of...

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I am one of three employees - workers' comp ins. not required in Florida - what do I do if I get hurt at work?

You would be able to sue your employer if their negligence caused your injury. If your employer had worker's compensation coverage, you would be precluded from suing your employer directly, with a few exceptions such as deliberately intending to injure you, or acting in a way such that injury or death was virtually certain. Having worker's compensation coverage makes an employer immune from a civil suit when an employee is injured. If you get hurt at work and the injury was not caused by...

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What is you know someone who is violating the "no contact" provision for DV? Am I suppose to report it? Can I be held liable?

More likely than not, you have no obligation to report the contact. Unless you somehow hold a position that makes you responsible for the welfare of "the victim," you have no duty to make a report either. The victim has the obligation to make a report if the contact is not what he/she wants, and is in violation of court order. You may not be aware of all the terms and conditions of the no contact order, or if there has been any modification of a no contact order. There are always two sides...

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I was injured at work, what should I do?

Mr. Helfand is correct. You need to notify your employer. Should you fail to notify your employer, you risk losing your entitlement to worker's compensation benefits. Timeliness in providing notification is critical. Fla. Stat. 448.185 provides the time limits within which an employee must provide notice of the date of the initial injury, or initial manifestation of the injury. In your case, the time limit is 30 days. However, do not take the 30 days as a period you should wait throughout....

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If I file chapter 7 can they take my workman comp lump sum payment to pay off creditors

Your benefits, the worker's compensation settlement proceeds, " . . . shall be exempt from all claims of creditors, and from levy, execution, and attachments or other remedy for recovery or collection of a debt, which exemption may not be waived. However, the exemption of worker's compensation claims from creditors does not extend to claims based on an award of child support or alimony." Fla. Stat. 440.22. So, unless you owe past due child support or alimony, your proceeds should be...

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Getting paid minumum wage on workers compensation.

The answer to whether the worker's compensation carrier has to pay your wife the difference in what she was making compared to her current minimum wage earnings is based on a number of factors. I see that you have received a number of answers to your question. If you still have uncertaintly, you can contact my firm through the following the website: www.stewartandstewartlaw.com

Is it legal in florida not to give a preson a raise for two years?

Yes, it is legal to not provide raises. If you're working the same hours, then there is no basis for a raise. I understand that raises are common after any employee works for an employer for an extended duration. It sounds like you would, under general business protocol, be entitled to a raise. However, there is no "right," to an increase in your compensation under the facts you provided. I would recommend talking with your employer rather than sending a letter. I would recommend that you...

What is the Florida statute for a legal local resident in Jacksonville Florida

Someone claiming Florida as their residence must have resided in the state for six months.