Is workers compensation required in the state of florida, if not what are an employees rights regarding on job injury
Miami Beach, FL
Viewed 502 times.
Posted about 1 year ago in Workers Compensation
Flag as objectionable
Employee Claiming Injury:
My company consists of 4 Employees. Workers Comp. is not required by FL law. The injured part time employee called me yesterday, (Sunday) Oct 5th.
He said he had a "BAD SPRAIN" and his foot is better now and will come to work Monday (Oct 6th) , I informed him if he sprained his foot that badly that he should rest it and take two weeks off so that he does not "re-injure" his foot and when returning to work that he produce a doctors note stating that his injured foot is 100% better and can perform his job description of carrying / lifting heavy objects , beach chairs / umbrellas & possibly running on the soft sand along the beach to jump on a waverunner (jetski) in the event of a renter needing assistance in the water. He then HUNG UP ON ME. Extra Notes: This part time employee 1 month prior to injury was also warned about his lateness to work. He was told by me the owner, he had to be at work by 9 am. on Mon & Weds every week. After this verbal warning he has been late 4 more times, ranging from 30 min late to 1 hour 30 min with no phone call to notify us of this on all days he was late. He just shows up late. I want to fire him based on the lateness's alone and was going to, until this alledged injury was claimed. Another Note: He has already filed an accident claim 2 months ago when he was involved in a car accident on the way to work and stated he hurt his neck and sustained body damage to his car. The other car / operators insurance company wrote him a check for $1200. 5 days after the day of the accident & he never fixed his car to date nor sought medical attention for his neck injuries. Now the claim against my company..another "injury claim".. this guy is obviously playing the insurance companies well. I know he hurt his foot, but definitely not on Weds. his last day of work for that pay period. He was perfectly fine walking swiftly off the sandy beach, lifting 900 lbs waverunners onto trailers, lifting chairs, stepping into and out of the booth on the beach approx 12inches high from the sand and walked approx 100 yards to his car barefoot with not one limp, hobble or any compliant to me of kicking a rock, twisting his ankle or appearance of a foot injury consistent with "Kicking A Rock" period.. Im not a doctor but if a person kicks a rock that person would be in instant pain. I ll try and reach out to you Mr Levy tomorrow.. Tuesday Oct 7th. Thanks for all your responses.. Answers (2)Leslie Colette Riviere
This attorney is licensed in Florida.
Posted about 1 year ago.
Flag as objectionable
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 question. Joshua Johnson Stewart
This attorney is licensed in Florida.
Posted 12 months ago.
Flag as objectionable
I can answer this for you, but it appears from your question that you already received a response. If you are in need of an answer, please contact me. The Law Offices of Stewart & Stewart, (727) 847 - 1115, email: jjs@stewartlawgroup.com
Back to Search Results
Next question: Do I have any rights against creditor who garnished my bank account Previous question: custody fight or work it out. |