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.
Our office accepts clients off of Avvo, but this initial impression is not protected by any privilege, is not attorney-client communication and you should consult a lawyer promptly about any legal matter.
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/#.U5WkuSgzM1w).
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.
DISCLAIMER: This response is for informational purposes only, and is not legal advice. We do not have an attorney-client relationship. Only those persons with whom I have a written and signed fee agreement and authority to represent is an actual client. This response does not form an attorney-client relationship, nor is it intended to be anything other than my educated opinion or viewpoint. It should not be relied upon as legal advice. I recommend you consult a lawyer if you want professional assurance that this information, and your interpretation of it, is appropriate to your particular situation. Do not act on any information in this response without seeking legal advice from an attorney in your area.
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.
Information provided herein does not constitute legal advice and no attorney-client relationship is being formed. If legal advice and a more in-depth answer are desired, call for an appointment. Lloyd E. Solt, P.A. - providing personal service in SW Florida since 1997.
Workers' Compensation Lawyer
You should consult with a workers' compensation attorney. Under these facts, you cannot sue your employer. Depression following a work accident is very common. You need to really these complaints to your authorized doctor so he can refer you to a specialist that can help you.