Legal Question in Workers Comp in Florida

workplace negligence

my wife works for a health department in levy county florida-she is a state employee. in july of 2001, she tripped over a drain cover that was left unrepaired by her employer. she broke bones in her foot and was severly bruised. mmi was reached jan.2002. 2% permanent disability. doctor records that she will never be able to wear high heels, work where any standing is required, take walks etc. the adjuster stated that they owe nothing but the medical-an attorney can get nothing if they refuse to pay-period!

no comopensation for loss of quality of life etc.-is this true??


Asked on 3/14/02, 8:27 pm

1 Answer from Attorneys
Jeff Rubin Talianoff Rubin & Rubin

Re: workplace negligence

After your wife reached MMI, the carrier only owed her impairment benefits which is 3 times 2 (%of impairment) time 1/2 her compensation rate. If she is back to work and has not lost any wages, that's all that is owed. The law changed on 1/1/94 severely affecting the rights of injured workers. The employer does have an obligation to provide med. covergage to your wife, but make sure she r/t back to her work. comp. dr. at least one time per year or her rigths will end. The carrier does not pay for pain or suffering or the fact that she can not do the things she used to do b/f the accident.

You should consult with an atty. to fully answer your questions. Please do not just rely upon my brief answer. Your wife should consult an atty. to fully understand her rights and the statute of limitations.

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Answered on 3/15/02, 2:22 pm


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