I got a job through a temp agency not too long ago. The first day I worked there, I injured myself while doing my work the way I was shown to do it but realized later the way I was shown is what caused my wrist/arm injury. I was shown a different ...
If you were working in Florida, some parts of your question have easier answers, and others are more complex. You seem to have a workers' compensation claim, for any injury you sustained while employed. What your contract with the temp agency says will determine if your employer was the agency, or the company you were working at when you got hurt. What medical and lost time benefits you are entitled to, depending on the extent of your injuries, and from which company these benefits come from , is something that a workers' compensation attorney would be able to assist you in determining, as well as whether you might also have a retaliation claim, if you can show that they did not re-hire you due to your reporting of an injury. As to your loss of the job, depending on what the company that you did work for might really say about wanting you back, you may have a number of other labor issues to contend with. What contract you signed with your temp agency might impact that situation too. You may need to consult with someone with experience in that area too, to see what labor and employment rights might be impacted by your situation.See question
I install ceramic tiles in new and older homes in Florida and work for myself. If I bring a friend or a family member with me to help with some odds and ends, do I need to provide workman's comp insurance for them? If so, is there anyway around t...
In Florida, where you are doing your work, in order to be required to have workers' compensation insurance you must have 4 or more employees. If you are working in the construction industry, you only need one. How the number of employees is calculated, and whether what you do is considered in the construction industry, is a complex calculation. You might be able to avoid having to provide coverage, depending on how your business is created, and how you can exempt certain members of your business. These are complex tax and insurance matters that should be discussed with someone who has expertise in the area of workers' compensation, as well as someone who knows how your business is titled.See question
I am vice president of my corporation and have a workers comp exemption. I am going to work as a foreman for another corporation, will I have to be covered under his insurance or can I use my exemption?
If you are working only as a foreman for another corporation, and have no other legal capacity in that other company, then you are going to be considered an employee of that other corporation - and thus the workers' compensation coverage of that other corporation will be required to cover you. You may not use your exemption from your own corporation to exclude you from coverage when you work as an employee for another company.See question
hello, injured left wrist moving heavy pan at work. was sent to a doctor who ordered 9 pt sessions. employer refused to work with restrictions so ive been out of work since the 25th of October. my claims adjuster dodged me for some time and when I...
Based on what you have said, I believe you really have no option but to consult with an attorney who specializes in workers' compensation matters. The denial raised issues that only someone with experience will be able to properly advise you as to how to proceed with your situation.See question
I was served by a collection agency for a car loan I didn't pay. The car was repossessed. This happen in 2009. And the summon arrived today. Thanks
Social Security funds are normally exempt from claims from creditors, so it normally cannot be garnished because of a debt (other than for Federal Taxes). However, if you co-mingle the social security money with any of your other funds, it loses it's character as social security, and then may be garnished. Thus, you should never co-mingle social security funds with any of your other assets, to avoid this potential problem.See question
if the employer fired me still under the doctors treatment from my injury
If you were fired, as you say, because you filed for workers' compensation benefits, then under Florida Law if you were unable to do your old job, which you did prior to your injury, due to the doctor's restrictions or limitations, then you ought to be able to collect compensation benefits after being fired, unless you were fired for misconduct (and even then, the employer/carrier would have to prove the misconduct - and filing a claim is not misconduct). You might also be able to collect unemployment compensation, for being fired, again if not for misconduct, but any amount you get in unemployment would credit, dollar for dollar, against any workers' compensation benefits, you may be eligible to get. Also, if you can prove you were fired for filing a compensation claim, you may also have a claim for that, which is over and above any workers' compensation benefits you may otherwise be eligible for. I would suggest you consult with an expert in workers' compensation, to discuss the details of what benefits you may be entitled to receive, and how you could proceed at this time.See question
If I get workmens comp policy now, will I have to pay a fine for the years that I did not have it. I have had no injuries to date, but I guess it is a law that I have workmens comp for any number of employees over 4.
I believe you need to get coverage immediately, to comply with the law, and to protect yourself, and your business. I would contact an insurance broker immediately on this. If you already have some insurance with a business broker, you might want to ask why they did not have you covered by workers' compensation too, all along. As to any fine, the state may try to impose one, but if they have yet to do that, by getting coverage, you limit your exposure for any fines for failure to have coverage now. If you get a notice of a fine, you might see out an experienced attorney to deal with that issue on your behalf.See question
My daughter had a injury to her should when she was 14. She in now 27 and has had a work related injury to the same shoulder and requires major surgery. My question is 1. can WC deny the claim and 2. My daughter states that she did not put anythin...
The anwer is maybe to both questions, as the determination of whether wc can deny the claim depends on more of the medical facts involved in your daughter's case. Just because there is a prior injury does not mean that the carrier can automatically deny a new injury. The doctors must be questioned about their opinions as to what part of the injury is from the new accident, and what part is from the prior care. As to not putting this on the application, there are a number of technical issues involved in that, including what the doctors say, as well as a determination as to just how your daughter was injuried. I would suggest you meet with an experience workers' compensation attorney, who can go over all these issues with you, get the medical reports, and make a determination as to what is involved in this case. Also, if the insurance company has already sent your daughter to their doctors, you have the right to see other doctors, to get other opinions, if needed. All this is complex for someone not familiar with the workers' compensation system - which is why a consultation with an experienced attorney is something I would do sooner, rather than later.See question
Employer made me wait 10 and 14 mos post their clinic recommendation to see specialist? They denied CTS claim then recanted 14 mos later? Who is responsible for the medical expenses incurred during the interim?
If your workers' compensation carrier has agreed that the CTS is now work related, and you were forced to pay for your own medical care while this was being contested, it may be possible for you to get the compensation carrier to pay the bills. There are a number of technicalities involved in this, which could impact this opinion. Thus, the exact details are important to know, and review. I would advise you to seek the attention of an attorney who spcializes in workers' compensation, to see about the details, and what you can do about this situation. I would not delay, as any delay might make this even more difficult to resolve in your favor. .See question
my General manager just hired another manager and he has a higher pay rate as me. i began working there 7 months ago and in managment for 5. can he just start someone else off higher than me? and ive been there since the begining with no raise yet.
In Florida, an employer can pay different employees different amounts, for any reason that the employer feels they want to do so for. This is legal, so long as there is no illegal reason for paying different amounts. If the employer is paying different amounts because of an illegal reason, then that would not be allowed by law. Such illegal reasons can involve discrimination based on such matters as age, sex, race, creed, color, or national origin. However, such discriminatory intent, by an employer, is very difficult, in most situations to prove - and you would have the burden of proving this illegal intentional behavior. This makes these kinds of cases very difficult to successfully handle, for any attorney. Without such proof, and perhaps even having independant witnesses to these kinds of discriminatory behavior, no case really can be successfully brought against any employer.See question