Q: Someone gets hurt at work (rotator cuff requiring surgery). Is employer required to pay lost wages until return to work?
Doctor put "no use of left arm and no driving." It is illegal to drive with arm in a sling in Florida. Person cannot move arm to dress correctly for work (food service), cannot put hair up in hair net, cannot even tie shoes, yet the employer is saying that person can work and can be accommodated because of what doctor said. Risk management tells person to use FMLA if more work is missed and will not pay lost wages. What can be done about payment for lost wages, job status? Doctor will not be specific because he can't tell employer what they can do.
A: Yes, that person would be entitled to a substantial portion as defined in Florida Statute 440.15 (2) of his or her lost wages.
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