Legal Question in Workers Comp in Florida

Workers Comp And FML:A

I have sprianed the back of my right wrist. (I'm right hand dominate) I'm not sure what the correct term for the sprain, but I'm told it will take longer to heal than a normal wrist sprain. Something to do with my ligaments/tendons. Ligament is not supporting the bones in the back of my hand. It happened 6/21, I still hurting just resting. The Orthopaedic had my on light duty, no more than 5 lbs. Well, I'm still hurting. I'm back in physical therapy. The Dr. wants me out of work for 4 wks, so I can rest it without doing any kind of work and just go to physical therapy. I filled out my FMLA paperwork, I was told that I would not be able to take leave. Can the employer deny the request of the Workers Comp Doctor for me to take time off so I can get my wrist better. Can they deny me LOA if it is workers comp?


Asked on 10/04/08, 2:07 pm

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Workers Comp And FML:A

Your employer can not DENY you the time off if your disability is Workers' Comp related. However, under some circumstances they may not be required to hold your job for you. Also, the insurance carrier may not agree with the doctor's determination and may deny coverage.

You should contact an attorney who specializes in Workers' Compensation and let them evaluate your situation specifically.

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Answered on 10/04/08, 9:08 pm


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