when i was transfering a resident he bent me so over that my back was injured, this happens 2 month ago, since then i'm on light duty. Since Friday I knew i have to go to surgery or live with the pain for the rest of y life. I'm afraid about surgery, i'm depressed. My husband and I had no personal life since that accident.
Under the facts as stated, you are most likely stuck in workers' compensation. That means there will be no compensation for pain/suffering, and the like. However, given the extent of your injuries, I would advise a consult with a workers' compensation attorney to discuss your case in more detail and what options you have available.
If is probably covered by workers compensation. You need to hire a lawyer as soon as possible as their are things you need to do to make sure your procedures are covered.
There are some exceptions where it might not be covered by workers compensation and then you would be able to sue.
So sorry to hear of your injuries and hardship.
In Florida, workers compensation coverage is the exclusive remedy for an injury which occurs on the job. The rationale is that in exchange for no-fault wage and medical benefits for any injury which happens on the job (including occupational diseases), the employee gives up the right to sue the employer directly. Workers comp cases are not handled in our judiciary, but through the workers compensation division of Florida Department of Financial Services (http://www.myfloridacfo.com/division/wc/#.U5Wku...).
Lawsuits against employers for work-related injuries are prohibited prohibited unless (1) employer failed to carry workers comp coverage is a direct lawsuit, or (2) the employer intentionally (deliberately) caused the employee harm.
For such a severe injury, you should consult counsel to discuss your options in the workers compensation arena.
You can maintain an active Workers Compensation claim against the company. I am going to suggest that you move the post to the Workers Compensation heading. An experienced Florida Workers Compensation attorney can advise of all of your rights, and benefits that are available. For example, under certain circumstances, a spouse of an injured worker can receive counseling services. But again, these are things you should discuss with an attorney. The consultation should be free, and I hope this has been helpful for you.
You need to sit down with a local workers' comp attorney right away and get good solid advice about what you are -- and aren't -- entitled to. The workers' compensation system is inadequate and all any WC attorney can do is get you all the benefits that you are entitled to by statute. Most of the time though, they fail to do even that.
Since you are in Fort Myers, your case would likely end up in front of Judge Kathy Sturgis or Judge Douglas Spangler if it came to litigation. 95% of my practice involves appearing in front of those two very same judges -- I have represented people in Fort Myers for 17 years.
Regardless of who you call though, do it right away.
Pain and suffering refers to physical and mental trauma caused by an injury, and is often a significant component of non-economic damages.
There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.