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
I am so confused. I was in an accident while driving to a work related meeting in 2009. I have been on workers comp since the accident. In March my doctor took me off work not allowing me to return even with restrictions. Today I am facing being l...
If the doctor truly put you at MMI, then if the doctor continues you on a no work status, you may be eligible for additional workers' compensation benefits. This is a complex and technical issue, and it is important to see exactly what the doctor's notes and reports actually say. I would think that you should get the notes and reports, and consult with an experienced workers' compensation attorney, to confirm what the doctor's reports actually say, and what impact the opinions have with regard to what benefits you may be entitled to receive.See question
for medication he use to give me and he said to have Tylenol.is this a denied for medication under workers comp. I never had that Problem with the first Doctor i had before him.i am still under his treatment and not at MMI yet. But have a ...
Before you can know what to do, in such a situation, you need to know why the doctor has changed your medications. I would suggest you visit the doctor, and ask the doctor why he has done this. I would go with someone else, to act as a witness as to the reason the doctor gives you for the change. If, after talking with the doctor, you are not happy with his reason, I would go to your lawyer and see what the lawyer can do to get you to another doctor, who may feel differently about your medication needs. The changing of a doctor is a complex issue under Florida law, and you should review this matter with an attorney experienced in these kinds of cases. Once your lawyer has all the facts, then he can advise you as to what to do.See question
I am recently involved in a worker's comp case in which I was injured. My work company paid for my doctor for follow up treatments. The doctor's office is refusing to release a copy of my records and test results. Is this legal?
In Florida, a workers' compensation injured worker is entitled to a copy of his or her medical records under the law, Chapter 440. The doctor's office can charge a fee for copies, of no more than $.50 per page, if the purpose of the asking for the records is for the litigation of a pending workers' compensation claim. However, under another provision of the law, not a workers' compensation section of the law, a patient is entitled to a copy of their own medical records, and the doctor has to make a copy without charge. You do need to give the doctor a reasonable period of time to make the copies. If the doctor still refuses to make, and give you copies, you can file a complaint, in Florida, with the Department of Professional Regulation.See question