My son injury

[464]

Florida...

My son was injured at work...he attempted to settle with WC but back out after 2 days of a verbal agreement, he felt it wasn't enough...he possibly need neck surgery to relieve a herniated disc in his neck that's giving him neck and arm pain...he get steroid injections from his gp until he goes to a motion to settle meeting...he wants to start working at this other job since the court date is 2.5 months away and he's not receiving pay from work comp...is it ok gor him to go to work under another employer while injured and involved in a wc case.

 

[Just Blue]

Florida...

My son was injured at work...he attempted to settle with WC but back out after 2 days of a verbal agreement, he felt it wasn't enough...he possibly need neck surgery to relieve a herniated disc in his neck that's giving him neck and arm pain...he get steroid injections from his gp until he goes to a motion to settle meeting...he wants to start working at this other job since the court date is 2.5 months away and he's not receiving pay from work comp...is it ok gor him to go to work under another employer while injured and involved in a wc case.

How old is your son?

 

[quincy]

Florida...

My son was injured at work...he attempted to settle with WC but back out after 2 days of a verbal agreement, he felt it wasn't enough...he possibly need neck surgery to relieve a herniated disc in his neck that's giving him neck and arm pain...he get steroid injections from his gp until he goes to a motion to settle meeting...he wants to start working at this other job since the court date is 2.5 months away and he's not receiving pay from work comp...is it ok gor him to go to work under another employer while injured and involved in a wc case.

You say that your son "attempted to settle with WC." Did your son sign a release during this attempt to settle, agreeing that workers compensation would be the sole remedy to his injury?

If your son is seeking compensation from his employer for an injury suffered at work (whether this compensation is to come through worker's compensation or through a lawsuit filed against his employer), your son might have more difficulty proving his injury deserves compensation if he is working elsewhere. His ability (or inability) to work will be investigated.

What sort of job was your son doing when he was injured and what sort of job is he wanting to do until the court hearing?

Has he consulted with an attorney? Deciding against workers compensation to sue the employer instead is a decision he should not make without a personal review of the facts.

Here is a link to worker's compensation laws in Florida:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0400ContentsIndex.html

 

[464]

He is 40 years old

 

[464]

He didn't sign anything, only verbally agreed...he was a truck driver and has sought another truck driving job...he has an attorney that said it was ok for him to go back to work.

 

[cbg]

He needs to listen to his attorney.

 

[464]

I

cbg....so you're saying it's ok for him to accept this new employment while attempting to settle...his attorney said it was ok but l just thought it wasn't.

 

[cbg]

I am saying that his attorney knows far more about the specific facts of his case than a message board does. I am saying that there is nothing inherently wrong with accepting another job while on workers comp. I am saying that I am not going to second guess his attorney and you shouldn't either, particularly since your son is a grown man, an adult capable of making his own decisions.

I am saying, Butt out, Mom. This is your son's business and you need to keep out of it.

 

[464]

Are you an attorney...never been in a forum like this or are people who respond are just random people...thanks for your help

 

[commentator]

Your son has an attorney whose advice you do not think he should take, because you think you know more than they do. So you are on here trolling for a random stranger, particularly one who might claim to be an attorney, or someone who claims to be expert because they've had a similar experience (we have a few of those) to disagree with that course of action that your son and his attorney, who is much more invested in the case than anyone here might be, have decided he should take.Either your son is not giving you enough information to know EXACTLY what is going on, which is distorting your view of the situation, or he's hired a dumb attorney who doesn't know how to do worker's comp.negotiations.

 

[quincy]

cbg....so you're saying it's ok for him to accept this new employment while attempting to settle...his attorney said it was ok but l just thought it wasn't.

I agree with the others. If your son has an attorney, it is his attorney's advice he needs to rely on. If he doesn't trust the attorney he has, he should seek out help from another attorney in his area, for a personal review of the facts of his injury.

The first question asked by Blue Meanie was an important one. The fact that your son is 40 years old means that he is an adult and the one who is responsible for making his own decisions. If he seeks additional information on workers compensation laws, he is the one who should be seeking it. Not you, his mom.

I don't think anyone here is saying that it is not okay to search the internet for information, for your own benefit or for the benefit of your son. Learning more about the law and a legal situation you or someone else is involved in is not a problem. But on this forum, we will not second-guess the advice given a person by their own attorney, an attorney who supposedly has access to all of the facts and is helping a client make a decision based on those facts. To do so would not only be silly of us, it would be irresponsible of us.

Good luck to your son.