Legal Question in Workers Comp in Florida

My Husband Is on Workers Comp Leave

My Husband Is on Workers Compensation Leave after he fell from a 15 ft ladder on May 5, 2008. He had surgery of his right shoulder (two torn tendons and cartilage damage) on July 3, 2008. When he had the accident I had lost my Job in April and was in the process of finding a New job, i felt that it was my obligation to care for my Husband, since he could not get dressed, eat, sleep or drive on his own. I asked the Case manager about a compensation for me to care for my husband and was told that They would probably be able to find a stranger to come into our home to care for my Husband. Since I was not sure about the Law and how to process the request we did'nt persue it and later I found out that i should've been able to if the Dr. recommended it. Is this true?


Asked on 8/26/08, 10:31 am

1 Answer from Attorneys
Mark Zientz Law Offices of Mark L. Zientz, P.A.

Re: My Husband Is on Workers Comp Leave

The lawyers answer is "Yes and No". Typical lawyers response but in this case, true. In order for an injured worker to be able to get attendant care, either provided by a professional or a spouse, that care has to be medically reasonable and necessary. The current law says the doctor must prescribe it in writing before the care can begin. The doctor must state the number of hours per day and the number of days per week that has to be provided. The carrier has the right to select the provider unless the doctor specifies that the spouse must do the care. Otherwise the carrier can elect to pay a professional agency approx. $20.00 per hour instead of paying the unemployed spouse minimum wage. If you want to claim payment for past services, see a board certified workers' compensation lawyer to discuss all the factors.

Read more
Answered on 8/26/08, 11:36 am


Related Questions & Answers

More Workers' Compensation Law questions and answers in Florida