Are you Sick of Working?  or Sick from Working? –  Occupational Disease in Florida

Every year thousands of Floridians become ill from exposure to dangerous chemicals and materials, or environmental conditions as a result of their job.

This exposure takes many forms, and has many different symptoms, from lung disease to radiation sickness.

To qualify for a workman’s compensation claim under the Florida Statute 440.151, you must be able to prove the following circumstances regarding your condition:

That the disease or condition you suffer from is directly related by the employer you are filing the workers compensation claim with.

The disease is caused by specific characteristics of a certain occupation or employer.

The disease is not equally prevalent to ordinary persons who do not share the same occupation or employer.

Your claim was filed within five months of being exposed to the harmful materials or environmental conditions, or within 90 days of receiving a diagnosis from a certified medical provider.

Occupational diseases covered by workers compensation laws in Florida, also include existing conditions which are aggravated by exposure to harmful materials or conditions of a particular occupation or employer.  For those aggravated injuries, the same conditions and limitations apply as occupational disease claims.

If you have been denied a workers compensation claim regarding an occupational disease you must seek out an attorney immediately.  Your claim may have critical deadlines that are sooner than you realize and a licensed attorney in workers compensation claims is essential to meeting these deadlines in order for you to receive the care and compensation in which you are entitled.  The attorneys of Massey & Duffy are experienced in the areas of workers compensation and occupational diseases and can help you evaluate your case.  Call our office at (352) 505-8900 to schedule your FREE Consultation today.

Gainesville Employment Lawyer

Did you know that Gainesville has its own, particular laws prohibiting discrimination? Here is an old copy of the  Gainesville City Code, however the newer version can be found online.  There are many other laws that protect employees, and numerous of them apply to persons in Ocala, Lake City and surrounding areas.   Several examples of Florida statutes that prohibit the termination of an employee for any of the following reasons are provided below:

  • The employee’s race, color, religion, sex, national origin, age, handicap or marital status, and pregnancy.
  • The employee’s opposition to any practice that is an unlawful employment practice under the Florida Civil Rights Act, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under the Florida Civil Rights Act.
  • The employee filed or attempted to file a valid worker’s compensation claim.
  • The employee served on a jury.
  • The employee testified in a judicial proceeding in response to a subpoena, either because of the nature of the employee’s testimony or because of the employee’s absences from employment resulting from compliance with the subpoena.
  • The employee disclosed, or threatened to disclose, an activity, policy, or practice of a private employer that is in violation of a law, rule, or regulation, or objected to, or refused to participate in, any activity, policy, or practice of the employer that is in violation of a law, rule, or regulation.
  • The employee complained about and/or exercised his or her rights under Florida Minimum Wage Act and Florida Constitution.
  • The employee filed an unfair labor practice charge or gave testimony regarding an unfair labor practice pursuant to the Public Employee Relations Act.
  • The employee tested positive on a drug test that has not been verified by a confirmation test and by a medical review officer.
  • The employee provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by a private employer.
  • The employee of a state, regional, county, local or municipal government entity disclosed any violation or suspected violation of any federal, state, or local law, rule or regulation which creates or presents a substantial and specific danger to the public’s health, safety, or welfare.
  • The employee of a state, regional, county, local or municipal government entity disclosed any act or suspected act of gross mismanagement, malfeasance, misfeasance, gross waste of public funds, suspected or actual Medicaid fraud or abuse, or gross neglect of duty committed by an employee or agent of an agency or independent contractor.
  • The employee reported abuse, neglect, or exploitation of a vulnerable adult by a health care professional.
  • The employee of a facility serving children reported abuse, abandonment, or neglect pursuant to Fla. Stat. 39.201.
  • The employee’s wages are being garnished.
  • The employee refused to authorize direct deposit of wages or salary.
  • The employee refused to participate in an abortion.
  • The employee is a member of the National Guard ordered into state active duty.
  • The employee is an athlete on U.S. teams in world, Pan American, or Olympic competitions.
  • The employee is trading or dealing, or for not trading or dealing as a customer or patron with any particular merchant or business.
  • The employee possesses a certain sickle-cell trait.
  • The employee has taken an AIDS test, either because of the results of the test, or the perceived results of such test.
  • The employee is a member of a union, or is not a member of a union.
  • The employee is voting or not voting in any election, state, county, or municipal, for any candidate or measure submitted to a vote.
  • The employee possesses a legally owned firearm locked inside a motor vehicle in the employer’s parking lot.
  • The employee exercises her rights to take leave to (1) seek an injunction against perpetrator of domestic, dating ,or sexual violence, (2) obtain medical care or mental health counseling for herself or a family member to address physical or psychological injuries resulting from domestic violence, (3) obtain services from a victim services organization, (4) render her home secure from domestic violence perpetrator, (5) seek new housing to escape perpetrator of domestic violence, (6) seek legal assistance to address issues arising from domestic violence; or (7) attend or prepare for court-related proceedings arising from domestic or sexual violence.
  • If two or more persons agree, conspire or combine together to prevent a person from procuring a job with a firm or corporation or to cause a person to be discharged from a firm or corporation, then such persons will be guilty of a misdemeanor of the first degree.[27]
  • If any person verbally or in writing threatens injury to life, property, or business for the purpose of preventing a person from procuring a job with a firm or corporation or to cause a person to be discharged from a firm or corporation, then such person will be guilty of a misdemeanor of the first degree.
  • A firefighter exercised his or her rights granted or protected by the Firefighter Bill of Rights.
  • A law enforcement officer and/or correctional officer exercised his or her rights granted by the Law Enforcement Officers’ and Correctional Officers’ Bill of Rights.
  • An agricultural worker who exercises any right under the Florida Agricultural Worker Safety Act and/or who discloses an illegal action, policy or practice.
  • A district school board employee’s involvement directly or indirectly with an application to establish a charter school.

 

Our Gaiensville and Ocala employment attorneys have knowledge and experience in the and other important legal rights.  If you would like to discuss the employment law issues, whether you live in Gainesville, Ocala, Lake City or any other North Central Florida location, please call us today.