Legal Question in Workers Comp in Florida

workers compensation

I suffered a mental and emotional injury at work and have been working through it for 8 months. I have been hospitalized 2x and it is taking an emotional and physical toll on me still. Can I still file workemans comp. The company is aware of the the incident and I am on FMLA status. But I never filed workmans comp.


Asked on 3/18/09, 9:01 am

1 Answer from Attorneys

Mark Zientz Law Offices of Mark L. Zientz, P.A.

Re: workers compensation

Most mental and emotional injuries related to incidents at work are not covered by workers' compensation. The current law requires that a physical injury be suffered and the mental or nervous injury be caused by the physical injury. For example, you have a back injury and because of the pain, you become depressed. That type of mental injury is covered ( but the added mental benefits are less than for a pure physical injury ). If you were the victim of a holdup and your life was threatened at work and you developed Post Traumatic Stress Disorder without any physical injury, you are not covered for workers' comp. There may be other things you can do depending on the circumstances. If you have no physical injury as described above, you should see a Florida Bar Board certified workers' comp attorney to discuss your situation. As long as you provided 'notice' to your employer within 30 days of the event, you have up to two years to file a claim for benefits from the date of the incident. Good luck.

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Answered on 3/18/09, 10:25 am


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