Legal Question in Workers Comp in Florida

return to wor

I fell and fractured my tail bone last week at work on a wet & greasy floor in the cafateria. I went to my pain mgt. doctor due to painect. he did a exray and found the fracture. I went to the employers doctor and he told me to return to work until he does exrays next week. Do I have to return to work I am inso much pain I can't sit, stand ect for any lenght of time.


Asked on 7/20/07, 6:50 pm

2 Answers from Attorneys

Mark Zientz Law Offices of Mark L. Zientz, P.A.

Re: return to wor

You have three choices. 1- return to work and do whatever you can do, leave if the pain gets too bad and ask for family medical leave;

2-Don't return to work because you really can't and take your chances that you might not get workers' comp for the time you are out; 3- See a workers' compensation lawyer. If you choose not to return to work, at least get your Pain doc to write a no work note for you and give it to yur supervisor. Good luck.

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Answered on 7/21/07, 10:15 am
Nicole Hessen Rosenthal, Levy & Simon, P.A.

Re: return to work

Alot depends on your employer. If you can afford to go without pay for that period of time and your employer is not going to terminate you for cause for calling in sick then you could take the time off. You could try to go in and show them how much pain you are in and see if they voluntarily send you home. I would request copies of the xrays the pain management doctor took and see if you can't take those to the doctor authorized by the w/c carrier and see if he would consider changing his mind in light of the results? You are entitled to change doctor's once and if this is the type of care you are going to receive you may wish to exercise your change soon. If the authorized doctor says you can work but have restrictions and your employer does not have work within your restrictions then you could stay home. If the authorized doctor returned you to work full duty then you are stuck. You may want to consult an attorney in your area since they are familiar with the doctor's in the system and may be able to better guide you. Should be a free consultation and they work on a contingent fee basis meaning they take a portion of your settlement you do not pay them a fee out of your pocket initially. I recommend firms that have attorney's that are Board Certified in Workers' Compensation.

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Answered on 7/20/07, 7:25 pm


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