Legal Question in Workers Comp in Florida

Workers comp in Flroida

I was in a bad car accident on a company car (not my fault) wc Doc sent me back to work the next day but i physically cant just got an MRI done no results yet not they are making me use my PTO Do I have any rights for a second opinion? they tell me no,


Asked on 11/17/08, 5:06 pm

2 Answers from Attorneys

Nicole Hessen Rosenthal, Levy & Simon, P.A.

Re: Workers comp in Flroida

I agree with Mr. Zientz you have rights and you are entitled to another opinion. However, once you exercise your one time change that is it so be careful. I also recommend you higher counsel as it does appear you have two claims. Finally, does your employer have light duty available for your within your restrictions. If they do not that is another way around this issue.

Read more
Answered on 11/18/08, 9:57 am
Mark Zientz Law Offices of Mark L. Zientz, P.A.

Re: Workers comp in Flroida

You have rights. For the firs 7 days after an accident there are no compensaiton indemnity (money) benefits due, so if you use yout own time to get paid, that is not unlawful. However, if you are out more than 21 days, you are entitled to the compensation benefit for the first 7 days in addition to the money you paid yourself. Yes, you do have rights to a second opinion. But guess who gets to choose the second opinion doctor? Not you! Be careful what you wish for. If it was a bad auto accident and not your fault, you can have a workers' comp claim and a lawsuit against the at fault driver. I suggest you see a Florida Bar Board Certified worker's comp lawyer as soon as possible.The Florida Bar website www.flabar.org has a list of board certified lawyers.

Read more
Answered on 11/17/08, 7:06 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Florida