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Florida Work Injury Information

March 29, 2009

The following is an expert answer given by Florida work injury lawyer, Joseph M. Maus, and taken from AllExperts.com, a free Q & A service on the internet:

Subject: Chair broke; I fell, hit my head on concrete floor at part time job in 2004

Question: In Oct. 2004, I was working at my part time job (gas station) as a cashier. While sitting in the old wooden bar chair with a back, the back broke off and I fell to the concrete floor and hit my head. I laid there for about a minute, then I called to my supervisor on duty telling him to come to the cashiers booth. Once he came, he noticed the bar chair, with the back broken on the floor. At that time I was getting up off the floor. I did go to the ER and my Primary doctor. Ever since this incident, I’ve had chronic headaches about 3 to 4 times a week which last all day and night. I have a injury to c3-c7; herniated disc in my back and no vision in my right eye. I received workman’s comp for about 6 months then they stopped paying me. The Workman’s comp. attorney I had seemed like he just gave up on me. I applied for SS disability and after 4 yrs. I just got approved. Now I have to have surgery on my neck c5-c6 due to all the complications I’m having with my neck pain, headaches, weakness and also sciatica. I wanted to file a lawsuit against my part time job for these injuries but I did not have that type of money back then. Now that I will be receiving my back payments from filling for SS disability, I should have the money to file a law suit. My question is, am I too late to file a law suit against my ex-employer since this incident happened in 2004?

Answer: It depends on where the accident occurred.  I am a Florida work injury attorney, so I can only advise you about the Florida work injury laws.  In Florida, if you have not been to a workers compensation authorized doctor within the last 12 months, or received wage or impairment benefits within the last 12 months, you may have waived your rights under workers compensation.  HOWEVER, YOUR STATE MAY BE DIFFERENT. Your message does not explain what happened with your attorney.  Does he still represent you?  Was the case settled? An experienced Florida work injury compensation attorney should have made sure your future rights were protected, i.e. your ability to get future medical treatment and/or surgery. Also, in Florida, the fact that an employer carries workers compensation coverage, in most cases, precludes you from filing a "lawsuit" against the employer.  Your sole remedy is usually to pursue your remedies under workers
compensation.  Please let me know if you have any other questions.  You should speak to an attorney in your area as soon as possible to get advice from a work accident compensation lawyer that knows the laws of your state.  If you are in Florida, give me a call, and we can discuss your Florida work injury case further.  

For more information about a Florida work injury, contact Florida work accident compensation lawyer Joseph M. Maus at 1-866-556-5529 or email him today.

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