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Any good lawyers around here?? my mother just got injured from her job.? |
my mother fell at her job. It was the company's fault because they could prevent the incident from happening. She had two jobs and can't even work now. We're in florida. the doctor said that she can't work for two weeks. My question is? is she going to get paid for those days she missed. Logically, she should get paid for both jobs because if she's injured from one, obviously she's not going to be able to work at all. ( by the way, she's a assistant nurse. ( CNA) have her contact an attorney who does workers comp cases. She can either call the county bar association for a referral...referrals are attorneys who signed up with the county to get more work. She may have a case. Proof of injury is needed (pictures, MRI, witnesses) so she needs to get to that attorney ASAP. When the case is done "maybe" if she can't work anymore she might want to get an attorney involved who does disability cases. It all depends on what she can prove and how badly injured she is. The answer depends on the circumstances of the fall. You say the company could have prevented it - well sure, they could have done that by not scheduling her to work that day, to carry the argument to the ridiculous, but that wouldn't make them responsible. Depending on the circumstances of the fall, the company might be totally legally responsible, your mom might, or they might both be partially responsible. Call the sleaziest looking attorney you can find in the yellow pages (this may sound like I am kidding, but I am not). As far as I know, workers' compensation insurance is mandatory in all states. Your mother fell while on the job, she didn't take a nosedive on purpose and her boss didn't trip her (I'm assuming), so it was an ACCIDENT. Workers' compensation is there to protect both employer and employee, it's the reason employers pay these high premiums (especially in hospitals and other medical facilities). They protect themselves and have this insurance that will cover their employees' injuries. First of all, she should have filled out an injury report at the doctor, and the employer should have been notified (preferably before the doctor visit). This gets the ball rolling and the employer files a claim with the workers' comp insurance company to get your medical expenses paid, and, depending on how long you're out of work (the doc says two weeks now, then what? She sees the doc for a follow up? It may be longer) Your employer is legally required to see proof that you are well (per doctors releases) enough to return to work, and cannot allow you to return to work until they have the OK from the doctor, in writing. Both you and your employer are protected by insurance. All medical expenses including medications are covered by the insurance and in some states, your travel expenses to/from medical appointments as well. |
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