I have 2 claims of workers comp. Can i file 2 settlement claims? injuries are on the same job.

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i initially injured myself on 6/3 then I reinjured my back on 7/22 due to performing a job that was not within my limitations due to a supervisor threatening my job. I have a right shoulder injury and a back injury. My injury has not improved and i am on my seocond 90 days of lighy duty before i have to file for fmla if I want to hold onto my job, but returning to my old job is not looking promising.

Attorney Answers

4
Michael Helfand ·
Definitely file a workers' compensation claim. If you are injured on the job you should be entitled to medical coverage, lost wages, etc. It sounds like you would have one claim, rather than two. When you file a claim, it's for benefits, not settlement. You may end up settling down the road, but it depends on your recovery. Do not do FMLA just because your employer says so. Often, they encourage employees to do that instead of filing a workers' comp claim. I recommend talking to an attorney, who will look out for your best interest. Your employer is only looking out for theirs. If you have further questions, feel free to give me a call. If you need a referral to an experienced work injury attorney, I can recommend someone in your area. You can reach me at 1-800-807-9530. Good luck.
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Betty Whitman ·
From what you have posted, it sounds like you have at least one work comp claim. You need to contact the Employee Assistance Office at 1-800-342-1741 to start off and you can email them questions at [email protected]. If that does not help you, then you need to hire a work comp attorney or, you can bypass the EAO and just go get an attorney. You don't mention what benefits you are being provided or denied and that's really the basis of a claim. You may have a separate claim under 440.205 if that supervisor threatened to discharge you, intimidated you or cooered you because of a valid w/c claim. Be sure whatever attorney you contact is aware of that as well. You should also know that most employers will want a resignation from you as part of any overall settlement. Good luck.
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Barry Stein ·
Your header on the question says can i file 2 settlement claims? Not sure what that means or what you want. Basedon your fact pattern, it appears you have two separate w/c accidents and you would have two separate claims you can make. If you are limited duty and that can be accommodated by the employer you would be required to go back to work and may get TPD, temporary partial disability, benefits. If you cannot be accommated, as you suggest they did not do originallly, then you may get TPD without working. FMLA is a federal statute which your employer may require that you use in order to hold your job for the statutory time frame since you cannot do the same work. You will just have to wait until after the FMLA period to assess your work abilities. The improvement you reference is a medical issue and should be addressed by your doctors. If you have benefits that have been recommended by a treating physician, but not yet provided, you can file a Petition and seek those benefits.
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Evan Michael OstfeldWorkers' Compensation LawyerPompano Beach, FL ·
It depends but basically you would have to settle BOTH at the same time. Insurance companies will not settle one matter while leaving the other one open.Thats just bad business. If you need representation, feel free to give me a call. We handle cases statewide. Good Luck! (866) I SUE YOU (478-3968). www.attorneys4life.com. Evan
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