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FloridaPlumber · 12-15-2010, 11:26 PM

HI I INJURIED MY LOWER BACK LAST NOVEMBER OF 2009, COULD NOT GET A HOLD OF ANYONE FROM WORKERS COMP....SO LET IT GO...NOW ABOUT 3 WEEKS AGO I WAS BACK IN SO MUCH PAIN I COULDNT WALK, SO I CONTACTED A LAWYER WHO GOT ME INTO THE DOCTORS AND FOR A MRI, MRI RESULTS STILL HAVENT CAME IN BUT MY QUESTION IS WHEN WILL I RECIEVE MY WORKERS COMP CHECK? HOW LONG DOES IT TAKE? ITS BEEN 3 WEEKS ALREADY AND IM RUNNING OUT OF MONEY, I HAVE CHILDREN AND NO INCOME SO I DONT KNOW WHAT THE STATE/ WORKERS COMP EXECPTS YOU TO DO.

DOES ANYONE KNOW HOW LONG IT TAKES? AND DO THEY GIVE YOU ALL THE WEEKS FROM THE TIME I STOPPED WORKING WITH THE FIRST CHECK?

THANK YOU
ANY INFO HELPS!

AQA · 12-16-2010, 08:58 AM

I am not aware of your state laws, but if you look at the top of this page. You will see a tab titled "state law and info". You can serch there. Or hang around awhile. I think there are about two or three people here that can answere your question.

jayne · 12-16-2010, 09:57 AM

Kate can she is up on Fla. laws but if he waited a year...........

bck9900 · 12-16-2010, 12:59 PM

jayne Wrote:Kate can she is up on Fla. laws but if he waited a year...........

Is there any documents proof that you hurt your back in Nov 2009? I know at my former job I was required to report the incident immediately. In my case that meant me calling the boss at home. I did work for 2 months before the pain and limited movement in the shoulder started to worry me. But because I reported it; my case was pretty obvious.

Manley2 · 12-16-2010, 01:53 PM

One thing you may have to do is prove this is a work comp issue since it has been awhile. I don't know your states rules as to how long you have, I think a few states give you a year to report it but most don't. Even if your company says yes this is wc it still takes time to get money coming in. And most wc is only 66% of you pre-injury income. And they don't count overtime normally. If you saw any doctors right after your injury did you tell them you did this at work? If so that can help. If your employer doesn't by this as WC you may be in for a fight that can take a long time. One thing I can warn you is nothing in wc ever goes fast and as for having mouths to feed I can say WC doesn't care. Sad but true. It took me 2 years to get WC to start paying me because of waiting for hearings and then the appeals. And then they still waited 4 months after losing the last appeal to start paying me. Once your hurt and filing wc all your employer is thinking is how much are we going to have to spend and how can they keep that figure down. I wish you luck and will say a prayer in hopes your case works out for the best.

***kate*** · 12-16-2010, 03:39 PM

In Florida the filing requirement is as follows:

Section 440.185(1) requires an employee to notify his employer of an on-the-job accident within 30 days of its occurrence unless he/she can establish that one of the following applies.
(a) The employer had actual knowledge of the injury;
(b) The cause of the injury could not be identified without a medical opinion and the employee advised the employer within 30 days after obtaining a medical opinion,
© The employer did not put its employees on notice of the requirements by posting notice, or
(d) Exceptional circumstances. (Usually determined by a Judge)

Since you are reporting this so late, there is a good chance that the carrier will deny your claim. In that case, you will not receive any payments until things are resolved.

The other posts above are correct. You will need to prove that you had an injury at work, and that injury is the major contributing cause of the need for your current treatment a year later. That will require a medical opinion.