Smith, Feddeler & Smith, P.A.

workers' compensation Archives

Using sick or vacation to cover workers' comp time off

Here is the question: Can my Employer make me use my sick or vacation pay when I miss time for workers' compensation? Employers often offer vacation or holiday pay as well as some form of sick pay. Sometimes, the employer lumps all of these forms of benefits into one Personal Time Off (PTO) category.

How to deal with retaliation after filing a workers' comp claim

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?

Are mental or nervous injuries compensable under Florida workers compensation?

As with many areas of the law, the answer is sometimes. If the mental or nervous injury is in any way connects to an actual physical injury that occurred during the course and scope of employment. However, if you are a First Responder under Florida Statutes then the mental or nervous injury does not need to be associated with a physical accident or injury.

If I quit my job because I do not feel I am able to perform, will I still receive medical benefits?

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.

Beware of construction hazards when you are working

Hazards present at construction sites are very serious and can kill or cause significant injuries. It is imperative that construction workers keep an eye out for these hazards and that employers take a proactive stance to address them. Without both approaches, workers can have accidents with horrifying outcomes.

5 critical reasons for accidents and injuries on the job

One of your co-workers was seriously hurt on the job. The accident caused production to slam to a halt, it was chaotic until emergency services arrived, and you haven't seen your co-worker since. He's in the hospital, recovering from serious injuries, and workplace rumors say he may never be able to return to his job.

Workers' compensation - The basics

Imagine lifting a heavy box at work and feeling a pop in your back. The next morning, you were in the hospital and neurologist was explaining the surgery he would be doing on your back the following day. It turns out that you had slipped a disc in your lower back when you lifted the box at work.

Workers' comp denied? You still have options

Imagine working in a retail store as a stocker. You are in the back bay pulling product when a tower of improperly stacked boxes falls on top of you. After getting to the emergency room, you find out you have a concussion and some cracked ribs. Now, you are facing a high emergency room bill, multiple other medical expenses and you will have to miss work for more than a week.

Retaliation for workers' compensation claims

If you have been injured while performing work-related tasks, you may qualify for workers' compensation. However, if you decide to file a workers' compensation claim and your employee fires you or threatens to fire you because of it, you have grounds for legal retaliation.

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