Legal Question in Workers Comp in Florida

Hello my name is Viviana Gomez. Im 20years old, at the time working for a retirement home. And I was injured on a slip and fall accident at work on January 13,2010. I filed a accident report, got a doctor/phiscal therapist, which they only allowed me six visits. After a month i was off of work, i only got paid for a week pay of $106.00. But at the time i really didnt mind because i was getting my knee injury settled. After I was released off of physical therapy in mid Feburary, i honestly didnt feel comfortable going back to work for a few reasons. So i dont work their anymore, by the beginning of March i got a new job, everything was fine until i started to feel a sharp pain in my left knee again (mid-March), and now the pain is back all over again. Now i cant afford Physical therapy, so im stuck, and want to know what can i do.


Asked on 3/23/10, 9:58 am

2 Answers from Attorneys

Angelo Marino Angelo Marino Jr. PA

If you settled your workers compensation claim --- received a settlement check for future medical and wages, then there is nothing you can do. Talk to your lawyer, assuming you had one or see an attorney. See www.FloridaPersonalInjuryTrialLawyer.com

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Answered on 3/28/10, 11:39 am
Jane-Robin Wender Wender Law, P.A.

I'm hoping that when you used the words "i really didnt mind because i was getting my knee injury settled" you simply meant that you were getting medical attention for your knee and you thought the problem was resolving. As long as you did not enter into a formal settlement giving up your right to future lost wages and medical care, you are entitled to go back to the doctor who initially treated you. You have one year from the last authorized treatment (doctor or physical therapy) to assert a claim. You can call the doctor or the carrier yourself to set up a new appointment. If either one refuse to schedule the appointment, you need to hire a qualified workers' compensation attorney.

Jane-Robin Wender, Esquire

561.272.9510

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Answered on 3/29/10, 1:45 pm


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