Kaylor, Kaylor & Leto, P.A.Home | Kaylor, Kaylor & Leto, P.A. | Lakeland, Florida2026-09-16T07:04:26Zhttps://www.kkllaw.com/feed/atom/WordPressOn Behalf of Kaylor, Kaylor & Leto, P.A.<![CDATA[Can an employer refuse a disability accommodation?]]>https://www.kkllaw.com/?p=480042026-09-16T07:04:26Z2026-09-16T07:04:26ZWhat is a reasonable accommodation?
A reasonable accommodation is a change that helps a qualified worker do their job despite a disability. It may remove a barrier at work and give the person a fair chance to succeed.
Depending on the employee’s needs, an accommodation may involve:
A modified work schedule
Assistive technology or specialized equipment
Changes to workplace procedures
Leave or schedule changes for disability-related treatment
Adjustments to certain workplace policies
Reassignment to a vacant position when appropriate
The appropriate solution depends on the employee’s limitations, job responsibilities and available options. Employers and employees may discuss different accommodations to identify an effective arrangement.
When may a business refuse a request?
A business may refuse a workplace accommodation in some situations, including when the change would create an undue hardship. This means the request would cause significant difficulty or expense for the business.
To decide whether a request creates this burden, the business may review its size, financial resources, the cost of the change and its effect on daily work.
A business does not have to eliminate an essential job function or lower legitimate quality or production standards. However, it should review the request and consider whether another effective accommodation could meet the worker’s needs.
What can you do after a denial?
A refusal does not always mean the business broke the law. The details matter, so workers should keep records of their requests, the replies they receive and any discussions about other options.
Medical records may also help explain the need for workplace accommodation. Keep documents that relate to the request and the job.
You may have a legal claim if the business refused to consider a reasonable accommodation or treated you unfairly because of your disability. You can contact the Equal Employment Opportunity Commission (EEOC), which handles many complaints about disability discrimination.
An employment law attorney can review your situation and explain your rights.
Protect your rights at work
A disability accommodation dispute can affect your ability to work and your financial security. Understanding your rights early can help you make informed decisions.
If you believe your employer denied a reasonable accommodation unfairly, an employment law attorney can review the circumstances and explain your legal options.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.<![CDATA[Can you work while applying for SSDI in Florida?]]>https://www.kkllaw.com/?p=480032026-09-11T08:36:45Z2026-09-11T08:36:45ZApplying for Social Security Disability Insurance (SSDI) does not always mean you must stop working. However, your work and earnings can affect how the Social Security Administration (SSA) evaluates your claim. In Florida, the same federal SSDI rules apply. Knowing how your income may affect your application can help you avoid surprises during the process.
How working can affect an SSDI application
When reviewing an SSDI claim, the SSA considers whether you are earning enough from work to count as substantial gainful activity (SGA). For 2026, the SSA sets the monthly SGA threshold at $1,690 for most applicants, while the limit is $2,830 for applicants who meet its definition of blindness. Earning more than the applicable limit may lead the SSA to decide that you can perform substantial work.However, staying below the SGA limit does not guarantee SSDI approval. The SSA also looks at how your medical condition affects your ability to perform basic work tasks. Your condition must also have lasted or be expected to last at least 12 months.Your work history can also affect how the SSA reviews your claim. For instance, reducing your hours or leaving a job because of your medical condition may count as an unsuccessful work attempt under certain rules. In those cases, a short period of work may not show that you can maintain substantial employment.
What to consider while your claim is pending
Keeping records of your work activity can help show how your condition affects your ability to work. Relevant details may include:
Your monthly earnings
Your weekly work hours
Your job duties and schedule
Your absences related to your condition
Your reasons for reducing or stopping work
Tracking these details can provide useful information when the SSA reviews your ability to maintain employment.Because work activity can affect an SSDI claim in different ways, discussing your specific earnings and work history with a disability attorney may help you identify issues that could affect your application.
Work does not always end the claim
Working while applying for SSDI does not automatically mean your claim will fail. The key issue is how your work activity, earnings and medical limitations fit within the SSA's disability rules. Keeping a clear record of these factors can help present a more complete picture of your situation.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.<![CDATA[Can I claim workers’ comp in Florida if the injury was my fault?]]>https://www.kkllaw.com/?p=480022026-09-04T08:55:52Z2026-09-04T08:55:52ZYou trip over your own feet. You lose focus for just a second. Workplace accidents happen fast and many Florida workers assume that if the injury was your fault, you lose the right to file a workers' compensation claim. That assumption can cost you your health and your income. The good news is that Florida's workers' compensation system works to protect you, even when the accident was your own mistake.
Florida’s no-fault system has you covered
Florida follows a no-fault workers' compensation model, which means your eligibility for benefits does not depend on who caused the accident. What matters is that the injury happened while you were actively performing your job duties. Under this framework, you generally qualify for medical care and wage replacement benefits regardless of your own contribution to the incident. Your employer cannot deny your claim solely on the basis of worker error. However, this system does come with a few important exceptions you should know about.
When the no-fault rule does not apply
Florida's no-fault system offers broad protection, but it does have limits. In fact, there are four situations where your employer or insurer can legally deny your claim:
Intoxication: If you were under the influence of alcohol or illegal drugs at the time of the injury, your employer can deny your claim because substance use is determined to be the primary contributing factor to the accident.
Intentional self-harm: If you deliberately injured yourself, Florida law does not recognize that as a compensable workplace accident.
Criminal activity: If you were engaged in unlawful conduct when the injury occurred, Florida law bars you from receiving benefits because the incident falls outside the scope of lawful employment duties.
Horseplay: If your injury resulted from roughhousing, fighting or pranks unrelated to your job, your employer can contest the claim on the grounds that the injury was not work-related.
Your own mistake does not automatically disqualify you from workers' compensation benefits. What matters most is that you were sober and performing your actual job duties when the accident occurred. With your eligibility confirmed, the next step is knowing how to file your claim correctly.
How to file your workers compensation claim
Once you confirm your eligibility, take action right away. First, you must provide written notification to your employer within 30 days of the accident. Notifying a coworker does not satisfy this legal requirement. Next, seek treatment from an authorized workers' compensation healthcare provider. Finally, remember that Florida law generally allows you two years from the date of injury to formally file a claim with the state. Following these steps carefully puts you in a stronger position to secure the benefits you earned.
Know your rights as a Florida worker
Fear of blame should never stop you from getting the medical care and wage benefits you deserve. Florida's workers' compensation system exists for exactly this reason. If you suffered an injury on the job, even if you feel responsible, you likely still have legal rights worth protecting. Taking the time to understand those rights can make a real difference in your recovery and financial stability. When the process feels overwhelming, knowing where to turn for guidance can help you move forward with confidence.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.<![CDATA[Can an older worker face age discrimination in Florida?]]>https://www.kkllaw.com/?p=480012026-08-25T07:29:50Z2026-08-25T07:29:50ZWhen can age discrimination occur?
Under federal law, employers generally cannot discriminate against workers age 40 or older because of age. The Florida Civil Rights Act also protects workers from age discrimination and applies to a broader range of employers than federal law. These protections can apply to hiring, firing, pay, promotions, layoffs and job assignments.
An employer does not violate the law every time it makes a decision that affects an older worker. The key issue involves whether age influenced the decision. Consider these examples:
A manager passes over an older employee for a promotion because the manager wants younger workers.
An employer chooses older workers for layoffs because of their age.
A company cuts an older employee's hours because it assumes the worker cannot keep up.
A supervisor repeatedly makes age-based comments, creating a hostile work environment, and then takes negative action against the worker.
A hiring manager rejects an older applicant based on assumptions about the person's age rather than job qualifications.
These situations can help identify possible concerns. The circumstances and available evidence also matter.
What evidence may help?
Workers can keep emails, text messages, performance reviews and other records that relate to an employment decision. They can also write down dates, comments and changes in their duties or treatment. Comparisons with younger workers may provide useful context.
The federal Age Discrimination in Employment Act applies to private employers with 20 or more employees. Florida's Civil Rights Act applies to employers with 15 or more employees, which means some Florida workers who cannot bring a federal claim may still have state-law protections. Deadlines for filing age discrimination claims are strict. Under federal law, workers in Florida typically have 300 days from the discriminatory act to file a charge with the EEOC. Under Florida's Civil Rights Act, workers generally have 365 days to file with the Florida Commission on Human Relations. Missing these deadlines can eliminate the right to pursue a claim.
Documenting the timeline, the decision-maker's statements and comparisons with younger employees can help an older worker assess whether age may have influenced a workplace decision.
What protections may apply after age discrimination
If an employer makes an employment decision based on age, the worker may have legal protections under federal and Florida law. If an employer makes an employment decision based on age, the worker may have legal protections. Learning how the rules apply to the specific situation can help the worker decide what steps to take next.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.<![CDATA[Functional limitations and why they matter for SSDI]]>https://www.kkllaw.com/?p=480002026-08-20T14:11:25Z2026-08-20T14:11:25ZMost people who file for Social Security Disability Insurance (SSDI) focus on their diagnosis. They assume a doctor's note explains everything, but SSDI examiners care more about function than labels. In other words, two people with the same condition can receive very different outcomes. That’s because their functional limitations differ. If you live in Florida and you plan to file for SSDI, you need to understand this concept before you submit your claim.
What functional limitations mean
Functional limitations describe the tasks your condition stops you from doing. They cover physical actions like lifting, standing or walking. They also cover mental tasks like concentrating, remembering instructions or handling stress. SSDI reviewers don't just look at your diagnosis. They look at how your diagnosis limits your daily function.
How Florida reviewers assess your claim
Disability Determination Services handles Florida SSDI claims. They compare your functional limitations against the demands of your past work and any other work you could reasonably perform. If your limitations block you from sustaining full-time work, you strengthen your case. If your limitations only slow you down, examiners may still deny your claim.
Why documentation drives your outcome
Medical records alone rarely tell the full story. You need your doctor to describe specific limitations: how long you can sit, how much you can carry and how often you need breaks. Detailed statements from doctors, therapists and even family members give examiners a clearer picture of your daily struggles.
What claimants should do next
Track your symptoms every day. Also ask your doctors to document your limitations in concrete terms. Ask your treating physician to complete a detailed Medical Source Statement outlining your specific physical and mental work-related functional limitations.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.<![CDATA[Workplace challenges for neurodivergent employees]]>https://www.kkllaw.com/?p=479992026-07-26T16:22:40Z2026-07-26T16:22:40ZMany people view the workplace as a one-size-fits-all environment. After all, work is often seen as a place for productivity rather than comfort. What many don't realize is that this mindset can unintentionally exclude valuable members of the workforce. Every employee brings unique strengths, experiences and ways of processing the world around them.
As conversations about workplace inclusion continue to grow, more employers are recognizing the value of building environments where different thinking styles are able to succeed. At the same time, many neurodivergent employees still face obstacles that can make it harder to perform their best.
Understanding different workplace needs
Neurodivergence includes conditions such as autism, ADHD and other neurological differences that affect how people learn, communicate or process information. An estimated 15% to 20% of the total population is neurodivergent, representing roughly 65.6 million potential workers. Despite these numbers, many employees continue to experience challenges that have little to do with their ability to perform their jobs. Instead, difficulties often stem from workplace environments that are not designed with different needs in mind.Certain sensory sensitivities can make busy offices, bright lighting or constant background noise overwhelming for some employees. Others may struggle with executive functioning, which can affect time management, prioritizing tasks or shifting between responsibilities. Communication styles may also differ. Some neurodivergent employees prefer direct, written instructions rather than verbal conversations, while others may interpret social interactions differently than their coworkers. However, these differences should not be mistaken for a lack of professionalism or commitment to the job.Many workers also feel pressure to hide these differences. A 2025 survey by Understood found that 70% of U.S. adults believe there is stigma around requesting workplace accommodations, while 77% believe neurodivergent employees feel pressure to "mask" or conform to neurotypical workplace behaviors. Among neurodivergent respondents, that number rose to 82%. When employees are treated unfairly because of a disability, denied reasonable accommodations or subjected to discrimination, they have legal protections under federal or state law. If you believe you have experienced discrimination because of your neurodivergence or another disability, speaking with an experienced legal professional can help you better understand your rights and the options available to you.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.<![CDATA[Can my employer punish me for pursuing worker’s comp?]]>https://www.kkllaw.com/?p=479982026-07-13T17:15:56Z2026-07-13T17:15:56ZHow Florida law protects injured workers
Florida Statute 440.205 states that employers shall not fire, threaten to discharge, coerce or intimidate any employee because of that employee's valid claim for compensation or attempt to claim compensation. This means the law views your pursuit of benefits as a protected activity. State and federal laws prohibit employers from taking adverse personnel actions for engaging in protected activities.
Spotting signs of retaliation
Retaliation can manifest in many ways. For instance, employers might fire you or manufacture reasons to discipline you. They might introduce negative changes in your work environment intended to pressure you into quitting or dropping your claim. Watch for signs including:
Sudden, unexplained demotions or loss of seniority
Significant reductions in scheduled work hours
Reassignment to tasks that ignore your medical restrictions
Intimidation tactics or verbal threats regarding your claim
A sudden negative change in how employers treat you after reporting an injury can be a warning sign of retaliation. While timing alone doesn’t prove a violation, it may support a claim when combined with other facts showing the adverse action was taken because you filed (or tried to file) for workers’ compensation.
Why at-will status does not apply here
Florida is an at-will employment state, but this does not grant employers a license to break the law. While a company can generally let an employee go for many reasons, they cannot do so as a direct response to a workers’ compensation filing or attempt to file. The courts look for a connection between your injury report and any adverse action taken by the company.
Moving forward with confidence
If you suspect your employer is mistreating you in response to a recent workers' compensation claim, there are ways to protect yourself. Document every interaction and keep a detailed record of changes in your work status and others' conduct toward you. You deserve to focus on your physical recovery without fearing for your livelihood.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.<![CDATA[Does every SSDI applicant truly need to appeal to get benefits?]]>https://www.kkllaw.com/?p=479962026-07-11T13:09:17Z2026-07-11T13:09:17ZDenials are common but not universal
Contrary to urban legends, the SSA does not automatically deny every applicant. It is true that a majority of applicants do not receive benefits, but many do. The SSA provides statistical data about applications within the last decade.
The most recent report, which covers claims made between 2010 and 2019, shows an average 31% final approval rate, with roughly 21% of applicants securing benefits immediately upon their initial application. Another 10% obtain benefits through the appeals process.
Most of the successful appellants receive their benefits through a hearing in front of an administrative law judge. The amount of medical documentation an applicant has and the thoroughness of their initial application can both have a profound impact on the likelihood of approval.
Working with an attorney when applying for SSDI benefits may decrease the odds of an initial denial. Professionals who cannot work may also need legal support if they must file an SSDI appeal, and that’s okay.]]>On Behalf of Kaylor, Kaylor & Leto, P.A.<![CDATA[Sound exposure can cause irreversible hearing loss]]>https://www.kkllaw.com/?p=479952026-07-01T09:07:10Z2026-07-01T09:07:10ZHearing loss can be a significant threat for many workers. They may spend every day in an environment where they are exposed to a high number of decibels, and they could work in that industry for years or even decades. This takes a cumulative toll, and many people experience hearing loss as they age.
Often, this type of damage is irreversible. Some types of hearing loss, such as the short-term hearing loss experienced after a single exposure to a loud noise, will fade in time. Other people may have physical reasons for their hearing loss that can heal or be treated. But when hearing loss happens over the course of a person's career, there is often nothing that can be done from a medical perspective to restore it to the level they once experienced.
What options do they have?
It is always best to work with a medical team to get insight into any worker's specific situation. No two cases are exactly the same.In some situations, there are medical devices that can help compensate for long-term hearing loss. These could include cochlear implants or hearing aids. A doctor can decide if this will be appropriate for a patient. But even then, the hearing loss is still an irreversible disability that the person now has to live with, and they become dependent on these medical devices.Because of the permanent nature of hearing loss, workers who believe that they have suffered due to on-the-job conditions and high levels of sound exposure need to know exactly what legal options they have to seek workers' compensation benefits.
]]>On Behalf of Kaylor, Kaylor & Leto, P.A.<![CDATA[Can a pre-existing condition get your workers’ comp claim denied?]]>https://www.kkllaw.com/?p=479942026-06-21T03:25:35Z2026-06-21T03:25:35ZFlorida’s legal standard
Florida workers’ compensation law sets a relatively strict standard when it comes to linking a workplace accident to a compensable injury. To qualify for benefits, the work-related incident must be the major contributing cause of your injury or need for treatment.
In practical terms, it means that the workplace incident must account for more than 50% of your new condition when weighed against all other contributing factors combined, including any pre-existing conditions or prior injuries.
The crucial role of medical evidence
Proving that the workplace incident is the dominant cause of your current medical condition or treatment needs requires objective, relevant medical findings. Your claim cannot be based on pain or other subjective claims alone.
This is where your medical records come in. Diagnostic imaging like MRIs or X-rays, physical examination results and documented clinical observations over time can help show a clear change in your condition following the work-related event.
Your doctor’s opinion is also crucial. It should explain, to a reasonable degree of medical certainty, how the workplace incident materially worsened or altered your baseline condition beyond what would be expected from its natural progression.
Don’t face this alone
While your workers’ compensation claim cannot be denied solely due to a pre-existing condition, you may run into complications when an insurer is determined to use your medical history against you.
Having experienced legal guidance to help frame medical evidence, address causation issues and counter disputed interpretations of your records can improve your position and help you pursue the benefits you deserve.]]>