Legal Question in Workers Comp in Florida

How does workman's comp relate to my case?

Working in a non air-conditioned room and I ended up passing out. I hit my head and must have jarred my shoulder when I fell because it hurt.

My co-workers and supervisors found me on the floor - I later found out it was caught on surveillance tape. The paramedics were called - they wanted to take me to the hospital but I thought I was okay, so I declined. Later, my head started to pound and disoriented. My family took me home. Next day, my symptoms became worse. We tried to go to an urgent care facility, at the request of my manager, but they denied seeing me because it was a work-related injury.

The following day, my manager said they would arrange a time for me to come in and speak to an approved doctor. The next day, I was rushed to the ER because my symptoms were not getting any better. The company and their workforce program knew I was being taken care of at that hospital.

My ER visit turned into an overnight observation. Fortunately, the X-Rays, MRI/MRA and ECG were negative but I was still suffering extreme head pain. Diagnosed with syncope and given a prescription for the head pain.

They gave me a doctor's note for 4 day rest period from work & will return to full work duty.

Everything was reported in a timely fashion including incident reports and forms.

But I'm confused by the process and how workman's comp works. Can someone explain it to me? I'm in Florida if that helps.

Asked on 4/23/19, 3:13 pm

1 Answer from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

You need an attorney. It is not as easy as you believe to explain it to you. I can tell you that emergency care is the responsibility of the employer. You are entitled to no lost wages until you are out of work for 2 full weeks. If you are, then you get paid one week at 2/3 of your average weekly wage. if you are out three weeks you get paid for all three at the same rate and any further losses. if you are fine, then there is nothing to do, other than perhaps follow up with an appropriate doctor. if the benefits stop because they allege that the problems are personal in nature or not the major contributing cause of your continuing need for treatment, you need to get an attorney asap. that is a thumbnail. no claims for the hot work environment. no claims against your employer for anything other than the medical expenses and lost wages, if they applied. this is based on Florida w/c law.

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Answered on 4/23/19, 3:25 pm

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