Visitor Question

Can I receive workmans comp benefits and continue working?

Submitted By: Beverly (Fernandina Beach, FL)

I live in Florida and work at a grocery deli. Two years ago I was setting up for lunch when the glass lid to the hotline (about the size of a windshield) fell across the back of my neck.

I have been to all of the workers compensation doctors for this company. I am now seeing a pain management doctor who says there is nothing else he can do. I have neck, head and left arm pain, but I am still trying to work part-time. Is it possible to settle my claim and still keep my job?

Also, this glass case was new equipment put inside this store. The manager of the deli KNEW that it would fall on someone, but didn’t tell me. Can anything be done about this for faulty equipment? Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Beverly,

The State of Florida’s Workmans Compensation Act strictly prohibits an employer from dismissing an employee as a retaliatory measure related to filing a Workmans Compensation Claim.

The fact that the manager knew the glass was eventually going to fall on someone

should have been addressed early in your claim. Although it would not have made a difference in the amount of compensation you will receive, it may have prompted an investigation which will help to make sure something like that doesn’t happen to another employee ever again.

Two years is an awfully long time to have not settled your claim for workmans comp benefits. You might want to inquire why the case has not been settled. If the doctors have told you there is nothing more they can do, then your case really needs to be finalized, and soon.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 12, 2017

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One thought on “Can I receive workmans comp benefits and continue working?

  1. I hurt my back lifting a case of water at work and I’m having problems getting the insurance company to pay for the treatments I need. I haven’t had a paycheck in 2 months and my workmans’ comp doctor has now sent me back to work part time with limitations. I’m having problems doing this job.

    Can this cause problems with my lawsuit if I can’t go to work? I’m not able to get in touch with my doctor until Monday. What should I do? Should I deal with it through the weekend or call my employer and tell her the pain is to bad to work?

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