Legal Question in Workers Comp in Florida

Can they really do this???

Was hurt at work (doing my job). Fell off a ladder that was duct taped together (owner told me to go ahead and use it, just keep my weight to one side) while on the ladder the garage door (that i was working on) suddenly started to close and knocked me off, fell 10 feet onto concrete, severe break to forearm req. emergency surgery now i have to have another surgery and go to PT for a few months employeer won't turn claim in to wc. So, i called wc to make my claim had to go 3 states away to stay w sister bc i cant take care of myself cant drive (5 speed one arm) in constant severe pain taking lots of meds anyway had to get dr in this state my employeer called old dr and got him to say i can do light duty i called the old dr and he said for me not to go back bc of the pain and pain meds and bc and he called and told them i was not coming back until after my next surgery a lady in the office said they trying to get me back so they can make me quit that way they dont have to pay my new dr says no work at all have to have other surgery next week then pt coworkers say that owners said to treat me badly when i come back can they do this...cant i make them turn it in to wc or can they really decide not to and treat me this way


Asked on 7/09/07, 12:34 pm

1 Answer from Attorneys
Nicole Hessen Rosenthal, Levy & Simon, P.A.

Re: Can they really do this???

From what you have said it sounds like you have a valid w/c comp claim. If you worked for a smaller employer the problem may be that they did not have comp coverage. Search for a Board Certified W/C Attny in the State and County where you were injured in and they should be able to search to see if your employer has comp coverage or not. This accident should of been reported to the w/c carrier immediately after it happened so I would not wait any longer. I am uncertain as to whether or not you were injured in NC or FL. There are also other types of civil suits for harassment of a claimant on w/c but it sounds like your employer is paying directly and not putting it through his comp carrier. The best thing you can do at this point to be sure things are handled appropriately is to seek out the assistance of an attorney asap! It is usually a contingent fee basis meaning you do not pay them up front they just take a portion of any potential settlement.

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Answered on 7/12/07, 12:23 pm


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