Legal Question in Workers Comp in Florida

Re: can i sue for personal suffering,damages and malpractice?

You need to retain a workers' compensation attorney. Your obligation to utilize your employers workers' compensation managed care network has limitations. If the doctors/medical staff has acted incompetently, an attorney will likely be able to force the w/c carrier to provide you with competent medical care.

Generally, you are not entitled to pain and suffering damages in a w/c case. However, this may not apply if the pain and suffering was attributable to medical malpractice. You should be aware that it is usually very difficult to prove medical malpractice. Medical malpractice cases also have a very short statute of limitations. The medical malpractice suit will likely be against the medical provider(s).

The medical provider(s) might be able to claim some immunity deriving from the w/c statute, but as this situation never before came up in my practice, I have not researched the issue. It is beyond the scope of an internet consultation.

You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee. At no charge, I would be happy to meet with you.

Good Luck.-Elliot Goldstein (I also have an office in Tampa 727/804-3609 or 813/758-1862)

If you are located in the Greater Miami/ Ft. Lauderdale/West Palm Beach area, I would be happy to refer you to other competent counsel. I will receive no compensation for making the referral.

The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.