Florida  |  Workers Comp

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8/29/10, 6:02 am

Legal Question


My dad is a construction worker - Marble, Granite, and Tile Installer. Last year he was on a job and tripped over some 2x4 sticking out of a pallet while carrying some cuts that were made. He landed on his knee and the super seen and questioned and if my dad was ok. Being the man my dad is, he said yes and continued to work. His next trip, the 2x4's had been sawed off and no longer hung over the pallet. My dad has fallen on it several more times at work and has been in a lot of pain lately. He thought some cortisone shots would work so he went in to see a doctor who in turn sent him to an orthopedic surgeon for some cortisone shots in his two shoulders (lots of arthritis) and for him to look at my dad's knee. The surgeon said dad needs a complete knee replacement - and recovery time is a min. of 2 months with a lot of therapy. The surgeon said that dad wouldn't be able to do the kind of work he does now as the replacement won't hold up.

My questions are:

1. Does my dad qualify for workers comp? My dad is 60 and cannot retire as he has been in construction and has very little retirement and can't collect social security until 62 1/2.

2. Would this injury but dad into the "disabled" arena where he could collect money?


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