Did you or a loved one sustain injuries in the workplace in Clearwater, FL? Most injured workers in Florida are entitled to workers’ compensation benefits. An experienced Clearwater workers’ compensation lawyer at Winters & Yonker, P.A. can help you fight for the maximum compensation available. We can also help you determine whether you’re entitled to compensation under Florida personal injury laws.
Since we founded our legal practice back in 2001, we’ve helped countless injured clients recover meaningful compensation for their injuries. Between us, we have over 119 years of experience practicing law.
Do you have questions about your legal options, call at (727) 493-4418 or contact our law offices in Clearwater, Florida, to schedule a free consultation today.
How Winters & Yonker, P.A. Can With a Workers’ Compensation Claim in Clearwater
You may not know where to turn for help if you were injured on the job. While you’re struggling with injuries, your employer or the insurance company may challenge your right to receive the compensation you deserve. An experienced Clearwater personal injury lawyer can help you stand up and fight for what’s fair.
At Winters & Yonker, P.A., we have decades of experience in personal injury and workers’ compensation law.
When you hire us, our lawyers will help with your claim by:
- Making sure all paperwork is complete and on time
- Helping you understand your obligations under workers’ comp laws
- Assess the fair value of your workers’ compensation case
- Determine whether you have a valid lawsuit for additional benefits
- Represent you at a hearing to appeal your case if your claim is denied
- Negotiate with the workers’ compensation insurance company for full compensation
Our Clearwater personal injury attorneys will do everything we can to maximize your compensation award. We know that things are tough right now. You don’t have to handle the process alone. All you have to do is call for a free case review today.
How Common Are Work Accidents in Clearwater, FL?
Work-related injuries are extremely common in the state of Florida. According to the U.S. Bureau of Labor Statistics (BLS), about 2.6 million Americans were injured on the job across the nation.
In Florida alone, 315 Florida workers were killed on the job in 2021.
Many people think that construction sites and manufacturing plants are the most dangerous places to work. In reality, any industry can be dangerous if conditions are unsafe. The most common reasons for work-related accidents in 2021 were transportation incidents and slips, trips, and falls.
At Winters & Yonker, P.A., we handle all types of workers’ compensation claims, including those involving:
- Scaffolding accidents and falls
- Agricultural accidents
- Motor vehicle accidents
- Trucking accidents
- Construction site accidents
- Accidents involving heavy machinery
- Fishing accidents
- Fires and explosions
- Accidents in restaurants and bars
- Hotels and hospitality services
- Welding accidents
- Manufacturing accidents
We represent injured workers in Clearwater and across the Tampa Bay area. If you have been injured, don’t hesitate to reach out to our law firm for the legal advice you deserve today.
Am I Entitled to Benefits Under Florida Workers’ Compensation Laws?
All Florida employers who have at least four employees are required to carry workers’ compensation insurance. Construction employers with even one employee are required to carry workers’ comp.
If you were classified as an employee and your injuries or illness were work-related, it’s likely that you are entitled to benefits. Independent contractors, however, are not covered under workers’ comp.
What Is My Clearwater Workers’ Compensation Case Worth?
Your case value will depend on the severity of your injury or illness.
Other factors that can influence the value of your workers’ compensation benefits include:
- The cost of your medical care and rehabilitation
- The length of your recovery
- Whether your injuries prevent you from working in any capacity
- Your average weekly wages prior to suffering your disability
Typically, your wage replacement benefits will cover ⅔ of your average weekly wages prior to the disability. However, workers’ compensation benefits are also subject to a statewide cap. If you were injured on the job in 2023, the maximum weekly benefit you can receive from workers’ comp is $1,197.
What Types of Compensation Are Available to Accident Victims Under Florida Workers’ Comp Laws?
Under Florida workers’ compensation laws, the following types of benefits are available:
- Medical expense benefits
- Wages replacement benefits, which provide compensation for total temporary disability, total permanent disability, permanent disability, and impairment
- Death benefits
The exact benefits you can receive will depend on the type of injury or illness you have suffered and how the disability impacts your ability to work.
In all cases, your medical benefits cover all reasonable and necessary medical expenses related to the injury or illness, including:
- ER visits
- Doctor’s visits
- Attendant care
- Reimbursement for miles traveled to and from medical appointments
To recover full medical benefits, however, it’s important to make sure you see an approved doctor. In other words, you may not be able to visit your own doctor for treatment.
Can I Sue To Recover Additional Damages?
Workers’ compensation provides an important safety net for injured workers. On the other hand, it doesn’t cover everything.
While you cannot sue your employer for additional damages, third parties are not protected from lawsuits. If a negligent third party caused your disability, you may be entitled to file a personal injury lawsuit for additional damages, including:
- Past and future medical expenses, if they aren’t covered by workers’ comp
- Your full lost wages
- Reduced earning potential
- Property damage
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Anxiety, depression, and PTSD
- Loss of consortium
For example, you may have a valid third-party claim if your disability was caused by a negligent driver in a car accident, a manufacturer of defective work tools, or a negligent property owner who failed to maintain safe property conditions.
Can I Recover Workers’ Compensation Benefits If I’m Being Blamed for an Accident in Florida?
Florida has pure comparative fault laws, so accident victims can only recover partial compensation if they share some blame for their own injuries. These shared fault rules don’t apply to workers’ compensation claims. You can usually recover your full workers’ compensation benefits even if you are partly responsible for your own injuries.
We’ll Fight To Recover Full Compensation for All of Your Workplace Accident Injuries
Our lawyers help clients recover fair compensation for all of their workplace injuries, including:
- Broken bones
- Crushing injuries
- Neck injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Back injuries
- Organ damage
- Lung damage
- Repetitive stress injuries
- Eye injuries
- Catastrophic injuries
- Wrongful death of a family member
We know that money can’t fully compensate for your losses. It can help with your family’s financial security while you recover. If the insurance company is giving you the runaround or challenging your right to benefits, call our Clearwater workers’ compensation attorneys for a free case review today. We know how to help you get the full benefits you deserve.
What Are the Common Causes of Workplace Accidents in Clearwater, Florida?
Workplace accidents often happen when people cut corners or are careless.
Some of the most common causes of workplace injuries and illnesses include:
- Lack of proper safety equipment
- Lack of fall protection gear
- Repetitive motions
- Exposure to toxic substances
- Faulty wiring or exposure to live electricity
- Defective work equipment
- Communication failures
- Negligent hiring practices, including hiring unqualified workers
- Failure to properly train and supervise workers
- Negligent security
- Dangerous property conditions caused by poorly maintained workspaces
- Workplace violence
You deserve to know what caused your disability and who was responsible. While you don’t have to prove negligence to recover damages, you will have to identify the responsible party to file a personal injury lawsuit for additional compensation.
Can My Employer Deny My Workers’ Comp Claim?
There are some legitimate reasons why your employer or the insurance company may deny your workers’ comp claim, including:
- You failed to visit an approved doctor
- Your injuries were not incurred in the course of employment
- Your injuries were pre-existing
- You failed to meet the deadline to file a claim
- Your paperwork was not complete
If your claim was denied, our lawyers in Clearwater can help you appeal. Just call Winters & Yonker, P.A. to learn more about how we can help today.
How Long Do I Have To File a Workers’ Compensation Claim After a Work-Related Accident in Florida?
You should report your workplace injury or illness to your employer within 30 days. Otherwise, you risk losing your right to workers’ compensation benefits.
If you’re eligible to file a third-party claim, you have four years from the date of the accident or diagnosis to file a personal injury lawsuit.
Contact a Clearwater Workers’ Compensation Lawyer for a Free Consultation
If you were injured on the job, Winters & Yonker, P.A. is here to help you fight for the maximum compensation you deserve. To learn more about how we can help, call for a free consultation with an experienced Clearwater workers’ compensation attorney today.