Legal Question in Workers Comp in Florida

My boyfriend fell off a roof and broke his back in three places,his Cerivcal spine, Thoraic spine and Lumbar spine. Which eventually he will need surgery to fix the Lumbar spine(which is the worse of the three). He also has to have his heels on both feet surgical repaired, he needs pins and needles to hold them together and possibly plates. He also broke his left wrist. He just started working for the company the day before the fall and they are telling him he isn't covered under worker's comp.Does he sue the company or can he go through worker's comp to get his bills paid and a weekly income for himself. He is also being told he may not work again because of the damage to him and if he can work it will never be in that line of work. Help! we don't know where to go from here. The owner is giving us a hard time about getting the information we need to put in a claim.


Asked on 6/29/10, 4:03 pm

2 Answers from Attorneys
David Alan Karas, Esq. Karas Laws, P.A.

The amount of time your boyfriend worked before the accident is of no consequence. Worker's Compensation Coverage begins the moment he began working. However, there are other reasons coverage may be denied such as your boyfriend may have been an independent contractor or the employer had less than 3 employees. Both possibilities seem unlikely. Your boyfriend needs to discuss his claim with an attorney immediately.

David Alan Karas, Esq.

Karas & Karas, P.A.

(T) 561.573.5822

(F) 877.889.2887

(E) [email protected]

(W) www.karaslegal,com

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Answered on 6/29/10, 8:18 pm
Jane-Robin Wender Wender Law, P.A.

Without doubt, the information being provided by the employer is incorrect. He is entitled to workers' compensation benefits from the moment he started working. It is very important to immediately hire an attorney who can do research to find out if his employer has workers' compensation coverage or whether he is uninsured. A claim needs to be immediately filed with the court. If for some reason, the employer does not have workers' compensation coverage, then the employer can be sued for damages in circuit court.

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Answered on 6/29/10, 8:29 pm


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