Scott J. Sternberg & Associates, P.A.

One of the biggest mistakes injured workers make is throwing away documents they think they no longer need.

Medical records, mileage logs, work restrictions, prescription receipts, and correspondence from the insurance company can all become important if your claim is delayed, disputed, or you need additional benefits later.

Florida law requires proof that unusual work exertion, beyond your normal duties, was the predominant cause.

These claims are almost always disputed. Do not go into it without an attorney.

Thank you, John, for your kind words and for allowing Sternberg | Forsythe, P.A. to help you through your workers' compensation claim.

Navigating the workers' compensation process can feel overwhelming, but you do not have to face it alone. Our team is committed to listening, answering your questions, and helping you pursue the benefits you deserve every step of the way.

Many workplace injuries are not caused by a single accident.

Repetitive motions like lifting, typing, reaching, or using tools day after day can lead to injuries such as carpal tunnel syndrome, tendonitis, and chronic back or shoulder conditions.

If your job caused your injury over time, you may still have rights under Florida's workers' compensation system.

The answer is: It depends.

Whether you're covered often depends on where the injury happened and what you were doing at the time.

For example, injuries that occur while performing a work-related task during your break may be treated differently than injuries that happen while running a personal errand.

Every situation is unique, which is why it's important to understand the facts before assuming you don't have a claim.

Many Florida workers assume they aren't covered because they're only hired for the summer or a short-term job.

That's not necessarily true.

If you're injured while performing your job duties, temporary and seasonal employees may be eligible for Florida workers' compensation benefits, provided their employer is required to carry workers' compensation insurance.

Whether you work in hospitality, retail, landscaping, tourism, or another seasonal industry, don't assume your employment status prevents you from seeking benefits.

Before you sign anything, make sure you understand what you're agreeing to.

A lump sum settlement may seem appealing, but it can affect your future rights and medical benefits.

Before accepting an offer, consider:

✔ Future medical treatment you may need

✔ Your long-term ability to work

✔ The full value of your claim

✔ Whether the settlement truly protects your future

Once a settlement is finalized, you may not be able to seek additional workers' compensation benefits for that injury.

Work Accidents and the Night Shift in Florida

Employees who suffer injuries while on the job are entitled to compensation. However, it’s common for employers to deny compensation to their injured workers. For example, an employer may claim that an injury didn’t occur within the scope of a worker’s duties or within business hours.

Can you be compensated if injured during the night shift?

There is a controversial workers’ compensation issue regarding employees who visit the workplace after-hours, outside of their shift. In this case, if an accident happens in the workplace after-hours and the employee was there for personal reasons, workers’ compensation coverage may not apply.

In Florida, the law allows employers to perform drug testing as an integral part of the workers' compensation process. However, this testing process must follow a specific procedure, and the results may not always be definitive. If you file a workers' compensation claim and realize that you are not eligible due to drug testing issues, don't give up. Don't just give in to whatever your employer dictates. Instead, consult with a workers' compensation lawyer to fight back.

If an employer intends to perform a drug test, they must adhere to a set of rules. These stringent regulations dictate whether the workplace is considered drug-free or not. If they qualify as drug-free workplaces, they are likely to get discounts in accordance with the state laws. The specific rules that regulate workers' compensation drug testing are outlined in Florida Statute 440.102.

These discounts are only available if the employers inform their employees of the drug testing and operate in accordance with the set requirements to offer sufficient education for drug testing. Remember, drug testing exercise can be conducted for employment purposes or as an essential part of routine fitness exams. It can also be done if a worker is filing a workers' compensation claim.

Drug testing and your workers' comp claim

If you were injured on the job and eligible for worker's compensation benefits, your employer may require a drug test. Florida's state laws allow this practice to protect employees and their companies. If you refuse to submit to such tests or your test turns out positive, your employer has the right to deny you the workers' compensation benefits. Despite being injured on the job, a positive drug test could mean you will not receive compensation for your damages. 

However, your employer must have previously established the entire work environment a drug-free zone and should follow the state's drug testing statute for conducting the necessary drug tests. If any of these two conditions are violated, you may still have a valid workers' compensation claim. So, you should consult with a workers compensation attorney who can analyze your case and defend your rights. 

All forms of drug testing for workers' compensation claims should be performed confidentially. Your employer should provide their organization's drug use policy, details regarding drugs a specific test is designed to detect, and a copy of the testing results, whether negative or positive. The employer should also provide details about how you can contest the results of a specific drug test. 

Prescription drugs or medication

This is often a topic of concern for most people pursuing a workers' compensation claim. Opiates found in most illegal substances like heroin are also found in the ingredient list of most prescription painkillers. Depending on the specific type of medication you may be taking, some drug tests could give a false positive. This shouldn't allow your employer to deny you workers' compensation benefits.

Many employees don't have sufficient knowledge of the workers' compensation laws in Florida. This is why it's important to have a good lawyer on your side to defend your interests in case a drug test returns a false positive. 

Medical marijuana

The United States economy has seen exponential growth in the past few decades. Consumer-based industries have contributed to the increasing need for warehouses and workers. This increased demand is seen in the manufacturing, and industrial sectors as warehouses and other storage options play a key role in the distribution chain.