Worker's Compensation

Worker's Compensation cases vary greatly around the country. I live in Florida, and was injured on the job in 1990, while going to court in my capacity as a Social Worker.

I was in my supervisor's car, and we were hit from behind by a pickup truck. My supervisor sent the driver of the truck away, and also dismissed the police officer who arrived on the scene. I was not given the opportunity to give any kind of statement- she just told the other driver and the officer that nobody was hurt. A short time afterwards, I felt like I was going to faint while standing before the judge. That night, I ended up in the emergency room of one of the local hospitals, unable to feel my arms and legs. I was hospitalized for a week.

What ensued was an ugly four-year fight with the State of Florida, my former employer. In the process, I lost my home and several family heirlooms, which had to be sold. I got an attorney and then had to fire him a year later for mishandling my case. The next attorney was great, but then left the firm. My case was handed over to one of the senior partners who was "semi-retired" and did nothing while my son and I went without the necessities of life. Finally, a young rookie lawyer just out of law school took over. I called the firm, and told him that he could "settle my case". He looked at the file, and determined that I should have been receiving weekly benefits for several months.

Finally, my case was settled. Ironically, in Florida, the employer has the right to be reimbursed if the injured worker is eligible for an insurance settlement. I did get an insurance settlement against my own uninsured motorists' coverage. I had retained an secondary attorney, who prevented the State from getting all of the money. Total, I got a settlement for approx. $40 thousand, and a lifetime of back and neck pain.

It's even works for injured Florida workers today. In 1994, the state "reformed" Worker's Comp. Now, if you are injured on the job, you are placed into an HMO. If you do not go to their doctor- aka "their paid whore" who will say what the employer and the insurance company want them to say about your injuries, your case may be totally dismissed. I know a young man who will be crippled the rest of his life. He was working on a machine that his employer, Georgia Pacific, knew was not functioning property. He was crushed when a two-ton roll of paper came lose. Yet, all the employer would say to him when he was released from the hospital, after a two month long stay, was "when are you coming back to work?". His case is now in litigation, and it is taking almost four years, just as mine did. For the rest of his life, this 26 year old man will have metal rods in his legs and spine, and will live with pain every day, as I do.