How best to handle a work related personal injury?

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How best to handle a work related personal injury?

My husband had an accident at work 1 1/2 months ago. Can we do something about it after he was in a trauma center for 5days and he has a fracture nose which he needs surgery? Should we speak with a personal injury attorney? How much will it cost? In Homestead. FL.

Asked on September 20, 2011 under Personal Injury, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since your husband was injured on the job, he has a workers' compensation claim.  It would be advisable to speak with a workers' compensation attorney.  Workers' compensation is an alternative to litigating a personal injury claim against the employer.

A workers' compensation claim allows for recovery of the medical expenses, wage loss and   disability.  The extent of the disability determines compensation for the disability.  There are four categories which are temporary partial disability, temporary total disability, permanent partial disability, and permanent total disability. 

Temporary partial disability means the employee injured on the job is no longer able to perform the job, but is able to perform other gainful employment during the period of disability.

Temporary total disability means the employee is unable to work at all for a temporary but undetermined amount of time.

Permanent partial disability is when a permanent and irreparable injury has occurred which will continue for an indefinite period with no possibility of recovery.

Permanent total disability means the employee is permanently and indefinitely unable to perform any gainful work.

Workers' compensation can provide vocational rehabilitation.

The human resources department of your husband's employer should have the applicable forms and can provide general information about the procedure for filing a workers' compensation claim.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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