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Laid off after work injury in Florida

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  • Laid off after work injury in Florida

    I was injured on the job and went to the ER, first thing Monday morning I spoke to my head supervisor and he sent me home from work, later that day he called me and told me the office didn't want me back until I was off my crutches. I am seeing a orthopedic surgeon for treatment and may need surgery, on Friday I had to go for a meeting at which time I was laid off. I am a salaried supervisor for a home builder and worked over 55 hours a week, do I have ANY right here ?

    Thank you

  • #2
    Of course you have rights, provided under the state's workers comp statutes.

    You gave no details about what happened, when and how, but my company absolutely HATES it when an employee tells us on Monday that he was injured at work on Friday and went to the Emergency Room, rather than our preferred medical provider. Aside from the instant extra costs of the ER, the timing is a red flag.

    However, the employer needs to submit a report to the carrier and to work with the medical provider to get you back to work as soon as possible. Ideally, that would be immediately, even if a light duty capacity.

    Looks like your employer is not doing the right thing, but you need to be in contact with the claims adjuster at the carrier about your medical treatment and any indemnity payments (lost time) that you are entitled to receive. There is usually a built-in delay in the payments, like no pay if you are out less than ten days, but, if out longer than that, then you get paid from the first day you are out (which sounds to me like from the date of injury).
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

    Comment


    • #3
      Also there is a reporting requirement for worker's comp. Some states require the employer to report the accident in as short amount of time as 24 hours. By having an accident on Friday and not reporting it to your boss until Monday, it's possible that the reporting requirement was unlikely made timely due to the time that you reported the accident. I believe Florida is one of those states with such a short window to report the accident to the carrier.

      Comment


      • #4
        Unfortunately, robb, the restrictions on the employer are from the time the employer is aware of the injury and not necessarily from the time the employee was injured.

        We have 48 hours to inform the carrier, but the employee has ninety days (yes, 90 days!) to tell us, even though we routinely tell them to inform us as soon as possible.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

        Comment


        • #5
          Thanks for the informatin ScottB!

          Comment


          • #6
            I found the reg on this. You are correct ScottB (and I had no doubt of it).

            An employee has 30 days to report the work related injury to his/her employer and the employer has 7 days to report the work related injury to the carrier.

            Comment


            • #7
              Originally posted by ScottB View Post
              Unfortunately, robb, the restrictions on the employer are from the time the employer is aware of the injury and not necessarily from the time the employee was injured.

              We have 48 hours to inform the carrier, but the employee has ninety days (yes, 90 days!) to tell us, even though we routinely tell them to inform us as soon as possible.

              I was injured about a week prior to going to the ER. My supervisor was aware of my injury from day one but got upset about me "complaining" about it and did not report it to anyone else. There was no way to hide it. I did not claim this as workers compensation, i didn't want to lose my job so i have been using my health insurance. I was walking the job site and slipped in a divit in the road, my knee swelled up and i had to have fluid drained from my knee. I may need surgery on it, which I will find out this tuesday.

              Comment


              • #8
                I may be wrong, but I was under the impression that if a boss is told of an on the job injury, he must make you fill out an on the job injury form. When you went to the E.R, did you tell them that it was an on the job injury, and that you had not filed a claim yet? Did the doctor give you a claim form to fill out? Is there an active workers comp claim going on over this? If not GET ONE STARTED NOW! I would imagine that you could also report your boss for not doing one the moment you notified him of the on the job injury, but please let ScottB and Robb71 fill you in on this.

                Comment


                • #9
                  I must agree that it looks like the employer

                  1. Knew about the injury
                  2. Knew it was work related

                  It is not uncommon for someone to bang their knee at work and think nothing of it, only to have it swell later to the point of requiring medical treatment (there was just such a case in Maine not long ago -- the employer fired the employee for failing to report the injury immediately. The employee reported the problem the next day. The WC Board restored the employee).

                  The WC carrier will not be too happy about this slow reporting (assuming they even know yet).

                  Robg, you should have told the ER folks how the injury happened and not have them bill your health insurance for the claim. The health insurer will be yet another unhappy party to this whole mess, which is the kindest word I can give it right now. cbg would ban me for life if I called it like it is.

                  I am just curious, though...why did you go to the ER instead of to some less costly option?
                  Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                  Comment


                  • #10
                    Yes the hospital and the doctors they referred me too,were informed it was done at work but did not give me a claim form to fill out. I informed my employer on monday that i went to the ER believeing the same as you, that he HAD to file it with work comp. There is NO work. comp claim at all at this point. Can I still claim it as one if i am no longer employed by them ? They released me on Friday.

                    Comment


                    • #11
                      Originally posted by ScottB View Post
                      I must agree that it looks like the employer

                      1. Knew about the injury
                      2. Knew it was work related

                      It is not uncommon for someone to bang their knee at work and think nothing of it, only to have it swell later to the point of requiring medical treatment (there was just such a case in Maine not long ago -- the employer fired the employee for failing to report the injury immediately. The employee reported the problem the next day. The WC Board restored the employee).

                      The WC carrier will not be too happy about this slow reporting (assuming they even know yet).

                      Robg, you should have told the ER folks how the injury happened and not have them bill your health insurance for the claim. The health insurer will be yet another unhappy party to this whole mess, which is the kindest word I can give it right now. cbg would ban me for life if I called it like it is.

                      I am just curious, though...why did you go to the ER instead of to some less costly option?
                      I was not allowed to take time off to go to the doctor, (the company has "numbers" that need to be met and they were behind on those and me taking time off wasn't getting those numbers met) by the weekend the swelling and pain were so severe, i felt i had to other option.

                      Comment


                      • #12
                        Well, the company's failure to let you get treatment earlier could end up costing them more in the long run, through increased medical costs that will impact their WC mod and the premiums they pay in the future.
                        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                        Comment


                        • #13
                          Another question.

                          Why were you laid off?

                          After you answer that (or before, your choice), pick up the phone book, go to the yellow pages and find a list of lawyers specializing in WC claims and/or wrongful discharges. This case just doesn't look good for the employer with the info I see here.
                          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                          Comment


                          • #14
                            Originally posted by ScottB View Post
                            Another question.

                            Why were you laid off?

                            After you answer that (or before, your choice), pick up the phone book, go to the yellow pages and find a list of lawyers specializing in WC claims and/or wrongful discharges. This case just doesn't look good for the employer with the info I see here.
                            They said it was cutbacks. I honestly do not believe that is what it was. If that was the REAL reasoning, I don't think they would have paid for me to take first aide classes just last week and then monday tell me not to come back to work until I was off my crutches and lay me off on friday. COINSIDENCE ? Instead of reporting it, my supervisor forced me to take my vacations day for the time off for the injury.
                            Last edited by Robg; 10-01-2006, 09:30 AM.

                            Comment


                            • #15
                              RobG, it has been strongly recommended that you get a WC attorney, and I have to restress this! GET AN ATTORNEY MONDAY!!! If no one else was laid off, I would have your lawyer check into that. Well, as you have been told, it looks way to fishy, and way to wrong, so please get the attorney Monday, you will need it, you can not fight this on your own! Good luck to you!

                              Comment

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