Legal Question in Workers Comp in Florida

Here is the situation. My mom fell in the workplace for Volusia County over a year ago. Volusia County procrastinated for so long before agreeing that my mother needed the surgery. They refused her a second opinion, and the doctor the county sent her to advised her to get legal help. Well my mother took his advice and hired Morgan & Morgan which is one of the best lawyers around here. 1 or 2 months later they scheduled mom's surgery. We almost lost my mother but she is now home and recovering. 3 months of recovery the DR. gave her an ok to go back to work, ONLY if she was able to get a portable oxygen machine for her 11 hour shift. We have been waiting about 3 weeks now for Volusia county's insurance to respond if they will cover it or not. Note the moment the DR said she could back to work they took her workers comp away, even though technically she cannot go back until getting the "ok" for the portable O2 machine. So she is now using her family sick leave while waiting for the County's insurance company. Morgan&Morgan said that they can fire her. My real question is, My mother has worked for the county for almost 21 years and is close to retirement. If they fire her she will lose her retirement and 2 Life Insurance policies. Will she be able to fight for the retirement and life insurance? My mother is depressed thinking that she is about to lose everything that she has worked for 20+ years for... Thank you for your help!


Asked on 8/22/12, 1:31 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

You need to consult with the Morgan & Morgan attorney about both these issues. She should not lose her retirement assuming it is vested. The life insurance, if group, would stop when she is not an employee anymore. They cannot fire her while she is using her sick leave. Did she use up her FMLA time? I dont think it is as bad as losing everything. Is the O2 use part of the work related injury and treatment? If so, she should still be paid lost wages if she cannot work or work her full duty because of it. Speak to your attorneys in detail about all these issues.

Read more
Answered on 8/22/12, 1:39 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Florida