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Mark Andrew Touby

Mark Touby’s Answers

107 total


  • Can I apply for disability and work until it's approved?

    Mark’s Answer

    Exposure cases in Florida's workers' compensation law are very difficult to establish because of the burden of proof that you need to overcome to have your claim be accepted. You need to speak to an attorney because there may be other options available to you legally beyond workers' compensation. Also, it may be that other benefits, like social security disability or a private disability policy (if you have one), could provide you assistance while the legal proceedings are move along. Good luck!

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  • What happens if my company ignores my workers comp claims?

    Mark’s Answer

    In addition to what the other attorneys who responded to you, you can look up your employer's workers' compensation carrier and report the incident directly. The website is https://apps8.fldfs.com/proofofcoverage/Search.aspx

    Good luck!

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

    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

    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 .

    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?

    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

    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

    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 ?

    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

    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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