Florida Work Injury – Reporting an Injury to Your Employer

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:

Question:
From the time of knowledge, how long do I have to report a injury to my employer (Florida).

Answer:
I am not sure what you mean by the "time of knowledge", but Fla. Statute section 440.185 details when a Florida work injury must be reported to the employer.  It says:

440.185  Notice of injury or death; reports; penalties for violations.– (1)  An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury. Failure to so advise the employer shall bar a petition under this chapter unless:

(a)  The employer or the employer’s agent had actual knowledge of the injury, i.e. accident in employers truck, observing bleeding by employee, etc.;

b)  The cause of the injury could not be identified without a medical opinion and the employee advised the employer within 30 days after obtaining a medical opinion indicating that the injury arose out of and in the course of employment;

(c)  The employer did not put its employees on notice of the requirements of this section by posting notice pursuant to s. 440.055; or

(d)  Exceptional circumstances, outside the scope of paragraph (a) or paragraph (b) justify such failure.  Exceptional circumstances require that some uncommon or extraordinary event prevented the claimant from timely filing an accident report.

Once you report the injury/accident to your employer, the employer is required to fill out a First Report of Injury within 7 days, placing its WC insurance company on notice of the claim.

This is the general rule, and not all dates of accident are obvious.  There are different Florida Statutes that apply to different situations, such as F.S. 440.02(1) for exposure to a toxic substance; F.S. 440.151(2) for occupational disease; F.S. 111.18 The Heart/Lung Bill for Firefighter.

If you have a question about a particular set of facts, you should consult with an experienced Florida work injury lawyer to evaluate all the facts related to your claim.

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.

Temporary Worker Job Injury Question

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

Question: I had an accident at work where I fell through the ice that had built up from a sewer that does not drain properly. I tore my MCL in my left knee and sprained my lower back. I was a fill-in employee at the location where the accident occurred. I later found out from the regular store manager that the company had been on notice for 2 years that the sewer drain was an issue, and also that the company had the sewer drain looked at for repairs a couple of times but never had it fixed. I was outside because the company had sent out a fax to all managers to check the outside of their stores and storage barns for possible damage from the previous weekends high winds. I have been out of work on workers comp for the past 3 months, and my back doctor wants me to remain off work until I have had an MRI done on my back. Workers comp doctors say that I can return to work without restrictions, and have denied my claim to have an MRI done. Now my job requires me to stand for 12-13 hours a day, no break, no lunch, and only 1 employee on duty all day. I feel that with my back pain there is no way that I can perform my job duties up to the company’s expectations, and if I go back to work now and can’t do my job then I have let workers comp off the hook and I will be stuck with any future doctor bills. So, what are my options?

Answer: The answer to your questions depends on the law in your area for workers compensation claims.  I specialize in workers compensation and slip and fall cases but I am a Florida job injury attorney.  Laws vary from state to state so what happens in a Florida job injury case may not be the case in your area.  The fact that the employer knew about the condition for two years usually doesn’t matter as workers comp is on the hook for your injuries no matter who is at fault for the accident.  The best advice I can give you is do speak with an attorney that specializes in both workers compensation and slip and fall cases.  He can advise you what the law is in your area, and what your options are.  You apparently have a difference of opinions between the doctors and, at least in a Florida job injury case, there are ways to reconcile the differing opinions.  Workers Comp in most states is entirely a creation of the State’s statutes and as such, all rights you have, and obligations the employers insurance company have, are set out in the Statutes.  You may, and I emphasize "may" because I don’t know your State’s laws, have the right to change doctors, get a second opinion, get an independent medical opinion, or have your work restrictions changed.  In a Florida job injury claim, you can keep the medical portion of your case open for the rest of your life as long as you go to a workers comp authorized doctor at least one time every 12 months.  So, even if you returned to work, if you continued having problems with your injury you can continue going to the doctor.  You should contact an attorney in your area that specializes in  workers compensation claims, and do it soon. There are usually time constraints, known as Statutes of Limitations, for both workers compensation and slip and fall claims.  If you wait too long, you may lose your right to pursue these claims.  Most attorneys specializing in workers compensation claims handle the claims on a contingent basis, i.e. their attorney fees are a percentage of any money they recover for you.  If they don’t recover anything for you, you don’t owe anything.  Most workers comp attorneys also offer a free, no-obligation consultation to discuss whether you have a viable case.    You may also want to look into a premises liability claim against the owner of the property, or the company/municipality responsible for maintaining the sewer drain. You may find out that you have two claims, a workers comp claim and a liability claim for failing to maintain the drain.  If you have any further questions, please do not hesitate to contact me toll free. Good luck.

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

Florida Work Injury Information

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.