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I got injured on my job two years and four months ago,can i still sue my job, and what would i sue for?

Orlando, FL |
Filed under: Employment

I was hit by a bus while working, and i'm still out on work-comp.
I will not be able to go back to my job because of the injuries, and they have nothing for me to do that will accommodate my injuries.

Attorney Answers 3


  1. Your case is complicated and from the outset I would advise you to seek the help of a qualified w/c attorney. You dont "sue" in w/c cases. You file Petitions for benefits which are not otherwise being provided. You get temporary lost wage benefits for 104 weeks. You advise that you are still off of work and "on work-comp", does that mean you are being paid lost wage benefits? If so, you need to be very careful so they dont stop those benefits. Your inability to go back to your prior job does not necessarily equate to any specific dollars in the w/c system. Many other factors impact on whether you can collect permanent total benefits, which are the only long paying w/c benefits after temporary benefits expire. By the way, by statute the employer/ carrier can require the doctor to rate you and determine that you are MMI as of 104 weeks. There is a statute that requires this. Please consult with a specialist as soon as possible.


  2. Wow! You were injured over 2 years ago and still don't have a lawyer? Whether you dislike or distrust lawyers shouldn't be an issue....find a work comp lawyer that you can relate to and explains everything clearly and hire him/her. Trusting your employer and their insurance company, the adjuster, the nurse case manager, the doctors they chose for you, etc. is like letting the fox watch the henhouse! You are really asking for a bad outcome and if you wait until you're finished with all the doctors and treatment, it may be too late to have a lawyer change the bad outcome into a good or great outcome. Everything they are doing is for the benefit of the ins company not you! They act like they are your friend and really care about you...that is, until they get what they want and then they reveal they are your enemy. They will say things to workers like "you don't need a lawyer" and "lawyers will only take your money" and "lawyers are expensive", and other lies. The only TRUE FRIEND you have is a lawyer who specializes in representing injured workers, preferably board certified and a member of Florida Workers Advocates. You don't pay a cent since it is a contingent fee but waiting can result in your case losing hundreds of thousands of dollars. It's way too much information to explain to you in this short space and if you have additional Qs or need a referral to someone in Orlando, feel free to email me and I'll clue you in.
    Sincerely,
    Robert Shapiro
    Miami
    advocate1@comcast.net


  3. I echo the statement of the other respondents when I say: GO GET A LAWYER NOW. One reason I emphasize this is that you did not say when the last time was that the carrier provided you with a "benefit" (such as a check for lost wages, payment to one of your doctors, refilling a prescription, etc.). Because you are so far from the date of your accident, you need to be mindful of the "statute of limitations," which says that, in order for your case to stay open, you cannot let more than one year pass from the date that the carrier last provided a benefit. If more than a year passes, then the next time you ask for something the carrier will raise the statute of limitations defense, which, if accepted by the comp judge, will put an end to your entire case, even if you are catastrophically disabled. Time is your enemy in a comp case. Go get professional help now, before damage is done to your case that cannot be fixed.

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