Legal Question in Workers Comp in Florida
Is it to late to file a WC claim
In January 2002 I was injured on the job and the doctors I am presently under are stating this is a new injury since there is herniation in the front tapping on the sciatica nerve. I have been treated since January 16,2002 by various doctors and am presently under a physiatrist & neurosurgeon. I am not able to return to work because of medications & my emotional statehood. Three different doctors agree this is beyond surgery and the only thing they can do is keep me comfortable from the chronic/severe pain, treat the depression stage, and place me on LTD leave. After 13 years of employment my company has termed my healthcare coverage, benefits and position of employment although I am still on LOA. I am not sure what to do but feel the company is somewhat responsible because of medical certification to work no more than 8 hours per day but the company demands on the job was for much more. I am unsure whether or not it is legal to talk to an attorney about filing a WC claim before I notify the company.
Please advise as time is of essence and I don't know where to turn for help.
1 Answer from Attorneys
Re: Is it to late to file a WC claim
With the information you provided, I will attempt to clarify your options.
First of all, you need to make sure a Notice of INjury was filed. It appears you are getting medical treatment authorized by the workers' compensation insurance company. If you are not, you need to make sure you notify the employer and the workers' compensation insurance carrier. You cannot always rely upon your employer to inform the workers' compensation carrier. If you are receiving medical treatment authorized by the workers' compensation insurance carrier, it appears that you are on the right track.
The next question becomes, to what benefits are you entitled? Certainly, you are entitled to a percentage of lost wages during the period you are on temporary disability, and prior to reaching maximum medical improvement. Your benefits substantially decrease once you reach what is known as "MMI". You may be entitled to additional benefits after MMI, depending upon your work restrictions and/or impairment rating. This could become complicated and is too detailed for this forum. However, you should IMMEDIATELY consult an attorney for your case.
Many employers and insurance companies are very fair in providing benefits. However, when you are dealing with your future, you should have someone with substantial experience in workers' compensation representing your interests. Rest assured, the employer and the insurance carrier are consulting their attorneys all the time. If you wish to contact me, you are welcome to do so. However, it is imperative you speak with an attorney immediately to have he/she assist you on your case.
I wish you the best
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