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Can a workers compensation case go into federal court, and can a change of venue be requested?

Deltona, FL |

Due to ongoing issues with gender discrimination and the workers compensation commission, I have been advised that my claims can be taken into federal court. I had to relocate out of a New England state, due to the chronic pain, and the lack of treatment provided. My claims remain open, and it is my hope to settle so that I can be seen by a physician for my many injuries.

Attorney Answers 3


  1. If your worker's compensation claim is in New England, you need to contact an attorney to discuss what can be done with that case. A Florida worker's compensation case can only be heard before a judge of compensation claims, they have exclusive jurisdiction.

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505


  2. The simple answer to your question is no. Worker's Compensation statutes are all state-specific and they're usually adjudicated by hearing officers outside of the regular court system, at most levels below the Court of Appeals.

    You need to hire counsel in the state where your claim lies. It will almost certainly be necessary for you to return to that state for any hearings or independent medical examinations which may be requested.

    If this information has been helpful, please indicate by clicking the up icon. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links: ccandiano@themargolisfirm.com http://www.themargolisfirm.com


  3. No. The Federal Court will not hear your state WC claim unless there is a US Constitutional issue. And even then you will have to completely litigate your WC claim in the affected state before you can appeal to the Federal venue.

    We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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