Polk County Legal Blog

We often hear these sentiments and questions: After filing a workers' compensation claim, my employer is treating me so badly that I want to quit. Can I quit my job without it impacting my case?

All too often, we find that employers either directly or indirectly retaliate against workers who are injured on the job or make workers' compensation claims. Overt retaliation may occur when an employer fires a worker directly after an accident. We have even seen employers admit to firing our clients because of the accident, because they were "being sued," or because they were "too much of a risk."

More often, however, the employer engages in indirect conduct designed to make the injured worker miserable, to the point that she or he quits. Keep reading this post for examples of how this happens and protections contained in Florida law.

This is a question that we hear quite frequently. The short answer is that if you are injured on the job in Florida and are getting workers' compensation benefits, you are not locked into your current employment. Regardless of your employment status, working, not working, found a different job, or are not physically able to perform your prior job, your medical benefits are legally supposed to continue with your workers' compensation carrier.

From a lost wages standpoint, the reasonable basis behind your decision to quit your job comes into play and whether the carrier would be responsible for paying for your wages while you are still receiving workers' compensation medical care.

Generally speaking, when a person is trespassing on a property and injures themselves as a result, they do not have the right to make a premises liability claim. This is because the owner does not have the responsibility to make a property or piece of land safe for visitors if it is not accessible by the public.

However, like every rule, there are exceptions. In regard to premises liability law and trespassing, there are many exceptions to this general rule. One of these exceptions applies to children. Children, of course, do not have a clear understanding of what trespassing is, especially if they are younger in age. Therefore, all landowners should be aware of the possibility of children to trespass on their property. As a result of the awareness of this risk, they have the responsibility to react accordingly.

Almost 5 percent of Florida residents are receiving Social Security Disability benefits from the state. This means that they have gone through the application process successfully and have proven that they meet all the guidelines.

Although many people in the state of Florida manage to successfully claim disability benefits, the rate of failure is actually quite high. Sixty-five percent of first time applicants are unsuccessful. However, this does not mean that they will not be successful on future appeals.