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

Answers:

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

Answered 9 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.

 


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