Miami, FL asked in Personal Injury, Workers' Compensation and Civil Litigation for Florida

Q: Reopen workers compensation case.

My attorney told me that my workers compensation claim wasn't worth anything. I got ran over by a garbage truck on 12-11-2019. I didn't receive surgery until 10-22-2020. My orthopedic surgeon put me on permanent Disability. During mediation my attorney told me the value of my case will decrease the longer I keep waiting so I agreed to let him sign the paperwork for me.

Two hours later I email/called him to tell him I no longer want to settle my case because the doctor is still working on my foot. He decided to drop out of my case and the judge enforced my settlement on 08-2021. I end up seeing an orthopedic doctor on 11-02-2021 and now I have to get another surgery on my foot. Can I reopen my workers compensation case or can I go to the supreme Court and ask them to let me off the workers compensation claim and reimburse them all the money they've gave me?

1 Lawyer Answer
Domenic J. Celeste
Domenic J. Celeste
  • Workers' Compensation Lawyer
  • West Palm Beach, FL
  • Licensed in Florida

A: Unfortunately, once you've settled your work comp case, and especially when a judge has enforced the settlement, there's not much you can do. Usually, if you disagree with the judge's decision, you can appeal to the First District Court, but they don't usually do much, and, most likely, won't even comment if you're handling the appeal yourself. HOWEVER, if the garbage truck that ran over you is not associated with your employer, you may have a personal injury case against the garbage truck company. I'd highly recommend that you consult with an attorney licensed to practice law in Florida, and who regularly handles personal injury cases, and, if you can find one that also handles workers' comp cases, that would be even better since he/she will understand the nuances in how what happened/didn't happen in your work comp case could affect the personal injury case.

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