Legal Question in Workers Comp in Florida
i have been a part time employee for publix supermarkets for 7 years. i am 73 years old. 2 weeks ago i fell and tripped over a electrical cord that was not put back in its right place by another employee.the cord wrapped around me leg and i fell. i have sustained injury to my back. i was sent to publix doctors that sent me for an mri. the dr stated that i am only allowed to work at a sitting job and i am going to physical therapy. the problem i have is that i went to work today and was told there are no sit down jobs for me(i work in the deli). i was told to clock out and go home. my question is am i eligable for compensation of any kind? who would i speak to about it? do i qualify for a lawsuit? my mri does not look good at all.
2 Answers from Attorneys
If Publix is unwilling or able to provide you with a modified job (it sounds like the doctor has limited you to "sedentary duty"), you are entitled to lost wage benefits called Temporary Partial Disability. These benefits are paid at 64% or your regular wages (there are no taxes on workers' compensation benefits). Your first check for weeks 2 and 3 of disability must be paid on day 28. The first week of compensation is not payable until you are out of work for 21 days. At age 73, without a doubt, there is going to be some pre-existing degenerative changes on the MRI even if you never experienced pain. It would not be uncommon that you may get into a dispute with Publix over what portion of the MRI findings is pre-exisiting and what is due to the accident. I strongly suggest you contact qualified counsel as cases like these often require litigation.
Jane-Robin Wender
Board Certified Workers' Compensation Attorney
561.272.9510
See an attorney. Let the attorney take the worry out of you. See www.FloridaPersonalInjuryTrialLawyer.com
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