Legal Question in Workers Comp in Florida

I was injured a year ago on the job my attorney is not a work comp lawyer and only helped me as a favor to my family, he never worked on a settlement for me and seems to think in the state of florida you dont get a settlement,is this true?


Asked on 6/28/10, 9:48 am

1 Answer from Attorneys
Jane-Robin Wender Wender Law, P.A.

Your lawyer is wrong. In Florida you CAN get a settlement but you are not ENTITLED to a settlement. In other words, you and the work comp carrier can agree to settle but you can't force them to settle and they can't force you to settle. The first thing to determine is whether you are still treating with a wc authorized doctor. There is a one year statute of limitations which means that if you go 365 days without seeing an authorized doctor, the case is over and there is nothing to settle. If you haven't seen a doctor in a while, get in there and keep the case opened. Then hire a workers' compensation lawyer to help you negotiate a settlement.

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Answered on 6/28/10, 12:57 pm


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