Legal Question in Workers Comp in Florida

Law suit

HOW CAN A CLAIM CENTER AND OR INSURANCE COMPANY BE SUED FOR GROSS NEGLIGENCE ON THE HANDLING OF THE MEDICAL PORTION OF A W/C CLAIM.

a) TRYED TO PRESSURE CLAIMENT TO SETTLE THE MEDICAL PORTION

OF A W/C CLAIM

b) FAILED TO FILL Rx FROM THE W/C APPROVED DOCTORS

c) FAILED TO GET A MAINTENANCE DOCTOR TO HANDLE THE CLAIMENTS

CASE SINCE 1998

d) FAILED TO RESUPPLY MEDICAL NECCESSARY Rx ITEMS

IT IS MY UNDERSTANDING THAT THERE IS NO SANCTIONS THAT CAN BE TAKEN AGAINST A W/C CARRIER OTHER THEN THE W/C JUDGE ORDERING ITEMS TO BE GIVEN, THEN A FEW MONTHS LATER THE CARRIER GOES BACK TO THE NEGLIGENT PRATICES AS BEFORE.

CAN A SUIT BE FILED??


Asked on 7/19/02, 5:32 pm

1 Answer from Attorneys
Steve Renick Bloom & Kinnear P.A.

Re: Law suit

This is a really difficult question. Normally, there is no recourse for a injured worker when the medical portion is handled in a manner that may arguably be considered negligent. There has to be some "intent" to make a injured worker suffer in some way from the malicious handling of a workers' compensation file. Adjusters are normally protection by workers' compensation immunity the same as Employers. However, if the adjuster is malicious and attempt to perpetuate an intentional infliction of emotional distress, or a fraud upon the injured worker, there may be a cause of action.

I don't know if you are represented by legal counsel, but I would recommend immediate representation by a qualified workers' compensation attorney to assist you on this matter.

Please note the above is my opinion, and the opinions of other qualified workers' compensation practitioners may differ. The above should not be relied upon as specific legal advice.

Good luck

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Answered on 7/19/02, 5:46 pm


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