What are my rights if I was injured while working?

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What are my rights if I was injured while working?

Broken ribs. No workmans comp. Verbally, he agreed that while I was out and until I could come back, he and his wife, told me they would cover my full pay. Now after only 2 weeks, he decided to stop. The hospital advised 4 weeks, especially since I do landscaping. What can I do?

Asked on December 15, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is no Worker's Compensation, IF the injury was due to the deliberate bad act or negligence (unreasonable carelessness) of your employer--such as having unsafe equipment or facilities, for example--you could sue your employer for any medical costs, lost wages, and other out-of-pocket expenses. However, if the employer was not at fault in some way--for example, there was nothing unsafe about the equipment or facilities, but you simply happened to slip and fall, or drop something on yourself--then your employer would not be liable and would not owe you compensation.

As a general rule, an employer may terminate an employee who cannot or does not come to work. However, if there was an agreement between you and the employer that he would hold your job and cover your pay, that agreement may be enforceable.

Therefore, since you may have a cause of action for compensation against your employer, and may also have an enforceable agreement to pay your salary and/or hold your job, you should consult with an attorney to evaluate your rights and possible recourse. Good luck.


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