Legal Question in Workers Comp in Florida

I sustained a head and nech injury on Friday Sept 25,2009. I went to the hospital and received a cat scan which revealed I have a head injury and neck sprain. They instructed me to see primary physician if my symptoms got worse. Well on Monday Sept 28, 2009 my symptoms got worse such as memory loss, very bad migraines and dizzyness. I returned to my primary doctor on Tuesday Sept 26, 2009 and he said get a second cat scan immediately and he wrote the order and schedule my cat scan at 1:00 PM that day. I returned to work first and asked them to provide workman comp paperwork to take with me and that I probably wont be able to work today. I am a physical therapist assistant. I work with patient doing heavy lifting and bending and squatting down all day. My supervisor told me he did not have time to discuss it right now. An hour after waiting I found out that my workmans comp case has not even been filed yet ( 4 days later). I asked him to call me when he finds out if I can have my cat scan. He called at 5P and stated I have a case number but they will not allow you to go the that clinic for a cat scan. Today I returned to work and could only tolerate working 3 hours. I started getting dizzy and felt bad. I asked my supervisor if I can go to have my cat scan and he said no one is calling him back. I have not seen a workmans comp doctor yet and with a head injury it is pertinent to have medical attention right away. What are my rights.
Laurie

Asked on 9/30/09, 1:35 pm

2 Answers from Attorneys

Robert Shapiro Robert D. Shapiro

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Doesn't matter about your rights since almost every employer I've dealt with in my 34 years of representing injured workers' doesn't give a care about your rights. Yes, I know how serious a head trauma could be especially if it evolving. GO to the E.R. if you need medical care ASAP, but then call a workers' comp claimant lawyer (not someone who does both sides representing workers and employer) to enforce your right to get specialized treatment including EEG, SSEP, neuropsych testing, psychological and/or psychiatric care, orthopedic treatment, etc. You'll get two-thirds of your gross wages while you're unable to work, but don't wait any longer since every hour you work you are falling into the "trap" of disproving your claim, i.e. that you are not disabled and you can do your job. Any questions, email me.

Bob Shapiro

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Answered on 9/30/09, 1:46 pm

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