I frequently try to volunteer my time online by answering questions on public forums.  A person just anonymously asked on one such forum if, after being pushed down at work, he could get a settlement for injuries to his arm.  He also felt he could no longer perform his work duties, although the doctor had released him.  

Before I paste my reply below, as you would see at my website, I primarily do civil litigation, most of which involves automobile accidents. However, I used to do quite a bit of workers’ compensation, and the pendulum has shifted to an inequitable degree in favor of the employer and against the employee. Below is my response to the above question:

There is no quick answer to your question. Given that you injuries happened in the course and scope of employment, you would have a workers’ compensation claim under Fl Stat Chapter 440. You obviously already realize that it’s a comp claim, and it is sounds like the comp doctor has released you. The Workers Comp system has changed a great deal over the years, to the detriment of the injured employee. You really need to get into a workers comp attorney to evaluate if you were returned to work too quickly. Settlements do still occur in workers’ comp, but given that most of the time the future benefits are paltry…..they are not high settlements. Unlike a civil claim, you do not have a claim for non-economic benefits like pain and suffering. The most valuable part of the claim is future medical care. 

One thing that should be explored is this whole issue of you saying you were "pushed down at work." If your employer pushed you down, then you may have one of the very rare exceptions of getting past workers’ comp immunity, which would allow a civil action against an employer. 

I would also be very careful about commenting much about this on a public forum. Best of luck, and please see a workers comp attorney.

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About the Author:  Prior to becoming a personal injury attorney, Scott McPherson was a professional Pasco County Paramedic – Firefighter.  Scott now has over 18 years experience as a trial attorney representing persons injured in automobile accidents in New Port Richey and throughout the Tampa Bay area of Florida.  He has a philosophy that every client should know who is handling his or her case.  For that reason, Scott has kept his practice small, so that he can deal with each client personally. For more information, you can contact Scott directly at scott@suncoastlaw.com, or visit his website at www.suncoastlaw.com.  Consultations are always free.

About this Blog Page:  Scott creates, types, edits, and publishes his own blogs.  A blog on this site is a snapshot summary of a legal topic at a certain point in time, and is not intended in any way as legal advice.

Attorney Scott McPherson briefly addresses an issue related to industrial accidents (workers compensation claims).  Attorney McPherson practices in the area of personal injury law and automobile accident civil claims in New Port Richey, and the entire Tampa Bay area of Florida.For a free consultation, contact Attorney McPherson at his site at www.suncoastlaw.com, email him at scott@suncoastlaw.com, or call 727-848-8892.  Consultations are always free.
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Scott Michael McPherson

Licensed since 1995

Member at firm Scott M. McPherson, P.A.

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RECENT POSTS

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Scott Michael McPherson

Licensed since 1995

Member at firm Scott M. McPherson, P.A.

AWARDS

BV Distinguished
Champion Badge Silver

RECENT POSTS

  • Automobile Accident Jury Trial – Does Defendant Have Insurance?
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