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What financial benefits am I eligible for as a seasonal worker after being injured by another employee on my second day of work?

Daytona Beach, FL |

I was working as a seasonal employee at one of one of the NASCAR racetracks, and got run over by track security driving a scooter. They have had problems with him driving erratically on the scooter before. He ran over my right foot, and now I am having issues with finding a job as I can't walk due to doctor restrictions. I received no paperwork and no pay. I've been going to the doctor they told me to see after I went to the ER due to the pain.

They opened a claim, but have not even received Workers Comp claim information from the insurance company or employer, except for going to this doctor at the clinic. This puts me in a bind financially. I need to be able to pay bills and rent, and I need to eat. This injury was over 10 days ago, and my foot is hurting worse then it did when he ran over it.

Attorney Answers 5


  1. You are entitled to workers compensation even if it was the first day of your job. WC pays authorized medical expenses, temporary disability benefits and certain benefits after your treatment is finished. Although the law requires the employer and their WC insurance company to automatically provide these benefits to workers, most workers need a lawyer to make sure that benefits are paid timely. I strongly recommend you find an aggressive WC lawyer who represents only injured workers. If you need advice in choosing someone, feel free to contact me.

    Sincerely,
    Robert Shapiro
    advocate1@comcast.net

    The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. advocate1@comcast.net, 305 373-1099.


  2. Yes, you have Worker's Compensation benefits available to you. You need to call a WC attorney today and consult with him/her. If you have problems finding one, feel free to call my office. It sounds like a Petition for Benefits needs to be filed to get things moving forward.


  3. I think a FL workers' compensation attorney can make things flow much smoother for you while you receive your benefits/treatment.

    I represent Employers, but I can recommend Worker Attorneys in So Cal if you ask.


  4. The workers' compensation law has a 7 day waiting period for lost wages. If you only miss 1 week of work, you do not receive lost wage benefits. Once you are out two full weeks, the insurance company should pay you temporary disability benefits, assuming the employer could not provide you with light duty work. If you miss more than 21 days, the insurance company should pay you for the waiting period, along with any other time you miss.

    Since you have only missed 10 days thus far, you are not due for your first check yet. If you are a seasonal employee, this could create issues with your rate of pay. I suggest you contact a qualified workers' compensation attorney in your area to discuss this in greater detail.


  5. It sounds like your employer has taken some steps to get you treatment, however, we will want to establish that you have properly reported the industrial accident within 30 days of it's occurrence. You will be entitled to temporary indemnity benefits, as well as authorized treatment.

    You're going to want to hire an attorney in order to secure all the benefits from which you are entitled. Sometimes when dealing with a case manager on your own, the insurance company knows that they can take advantage of you and provide the minimum amount of benefits. I handle these matters and offer free consultation. If you decide to hire an attorney, the attorneys fees will be paid by the employer/carrier.

    Free Consultations can be made by calling 407-617-1064. Please understand that the information given is not to be construed as legal advice. More information would be needed in order to make more accurate legal determinations on your matter. Furthermore, an attorney-client relationship does not begin until a retainer agreement has been signed by the attorney and client.

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