Legal Question in Workers Comp in Florida
My dad is a construction worker - Marble, Granite, and Tile Installer. Last year he was on a job and tripped over some 2x4 sticking out of a pallet while carrying some cuts that were made. He landed on his knee and the super seen and questioned and if my dad was ok. Being the man my dad is, he said yes and continued to work. His next trip, the 2x4's had been sawed off and no longer hung over the pallet. My dad has fallen on it several more times at work and has been in a lot of pain lately. He thought some cortisone shots would work so he went in to see a doctor who in turn sent him to an orthopedic surgeon for some cortisone shots in his two shoulders (lots of arthritis) and for him to look at my dad's knee. The surgeon said dad needs a complete knee replacement - and recovery time is a min. of 2 months with a lot of therapy. The surgeon said that dad wouldn't be able to do the kind of work he does now as the replacement won't hold up.
My questions are:
1. Does my dad qualify for workers comp? My dad is 60 and cannot retire as he has been in construction and has very little retirement and can't collect social security until 62 1/2.
2. Would this injury but dad into the "disabled" arena where he could collect money?
3 Answers from Attorneys
Lots of unknowns here, but if your dad provided or provides a notice of injury, reports the injury to his employer and gives a history of the orthopedic problems as originating with these on the job falls, and then his physicians relate these problems to the falls, then he would be entitled to assert a workers compensation claim and receive some level of benefits.
Your dad needs to see a workers' compensation lawyer.
Your father's claim is complicated and the determination will be based upon a variety of facts that cannot be determined through a group answer system. The issues and facts include notice, causation, pre-existing medical conditions, education, work skills and social security disability
A sit down "live" meeting with an attorney is needed to adequately evaluate your dad's situation and fact.
I suggest that you contact one of the attorney's in your geographical area whom have responded to your inquiry. I am located in the Miami-Dade/Browad and Palm Beach area.
.
David Alan Karas, Esq.
T. 561.573.5822
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Who pays for the employees medical insurance while on workers comp? Asked 8/26/10, 10:52 am in United States Florida Workers' Compensation Law
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