Legal Question in Workers Comp in Florida

Blood clots

I found out I had a torn meniscus and had knee surgery Sept 07, I did not file under workers comp in fear of losing my job when I returned. A month after surgery I developed blood clots and had to remain out of work for a total of 4 months. I recently returned to my very strenuous job and having difficulty working. I do not want to take more time off and my job does not know I still have a blood clot. My question is could a suit be filed against my job for workers comp because I have a feeling I will have to find a whole new job due to the original injury or against the surgeon, who I feel is resonsible for the blood clots. And to make it better the surgeon has not followed up with me since the blood clots took place, his office instructed me to the hospital and I have not seen since.

Asked on 2/03/08, 1:00 pm

1 Answer from Attorneys

Mark Zientz Law Offices of Mark L. Zientz, P.A.
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Re: Blood clots

I have this bad feeling that you did not report your injury to your employer as an on the job injury within 30 days of the accident. If that is true you are probably out of luck in a WC claim even though the statute of limitations to file such a claim is at least 2 years from the date of injury. You obviously knew it was an on the job injury so you have only the excuse that you feared losing your job to explain lack of timely notice. I also assume that when you filled out and signed forms to use your 'other' insurance for the surgery, that you answered NO to the question about the injury being on the job. If all these assumptions are true, you have a real uphill battle getting WC coverage now. If you did report the injury and your employer 'suggested' you use your 'other insurance' you have a much better case, but proving it is another hurdle. You need a workers' compensation attorney, one who is Florida Bar Board Certified, to go over all the facts in your case and come up with an answer to your question. As for medical malpractice, that is another legal specialty and you should contact a med mal attorney for that issue. Good luck.

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2/03/08, 1:30 pm

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