Legal Question in Workers Comp in Florida

I was injured at work several years ago, had to have back surgery, and am now unable to work again due to severe chronic back pain associated with the initial injury. I have what is called "failed back surgery syndrome" along with another herniated disc just above the disc which was operated on.

When I inquired about getting Worker's Comp benefits reinstated, my employer told me that was not possible as that case was "closed" -- how can I determine whether or not the case was indeed closed, and is it possible to reopen or reactivate a worker's compensation claim if I am still suffering from terrible pain even though it's been five years since my initial injury and surgery?


Asked on 8/27/09, 11:56 pm

2 Answers from Attorneys
Angelo Marino Angelo Marino Jr. PA

You rights depend on the year of your injury and the last medical service and or indemnity. See a workers' compensation attorney to assist you. Most do not charge for the conference, but make sure you have the information above mentioned. If you are in Broward, call my office for a phone conference.

www.ConsumerLawyerHelp.com.

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Answered on 8/28/09, 10:01 am
Robert Shapiro Robert D. Shapiro

I agree with Mr. Marino's answer insofar as the statute of limitations for filing a workers compensation claim has been changed several times in the past 20 years. And, you should see a lawyer right away who represents only injured workers, not insurance companies or employers. However, I have a case that is very similar to yours and it turned out that my client waited too long to file a claim for medical care based on the old injury. BUT, the good news was that my client still worked for the same employer, and we filed a new claim for repetitive trauma to the client's low back from an accumulation of small repeated movements over time doing his job activities which led to his low back getting worse. Some lawyers may not know about these indirect ways of getting covered by the employers' workers compensation for their medical problems. I've been representing injured workers for over 33 years in Miami and Ft.Lauderdale, and I can tell you that there are many different ways to get what you want. Good luck and hope this helps you..

Bob Shapiro

[email protected]

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Answered on 8/28/09, 3:22 pm


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