Are you struggling with serious injuries after a work-related accident in Clearwater, FL? An experienced Clearwater workplace accident lawyer at Winters & Yonker Personal Injury Lawyers can fight to protect your right to compensation under workers’ compensation and personal injury laws.
You may be entitled to compensation for medical bills, lost wages, and your pain and suffering.
Our lawyers have over 119 years of experience between us. We’re well-prepared to put that experience to work for you.
You probably have a lot of questions if you were injured on the job. Call our law office in Clearwater, Florida to schedule a free consultation today at (727) 493-4418.
How Winters & Yonker Personal Injury Lawyers Can Help After a Workplace Accident in Clearwater
Nearly all Florida employers are required to carry workers’ compensation insurance. It would seem that it should be easy to recover compensation after a workplace accident.
Unfortunately, that’s not always true. You could be forced to visit a doctor who tries to downplay your injuries–or your disability check could be much less than you expected.
An experienced Clearwater personal injury lawyer can help you fight for the fair compensation you deserve.
When you choose Winters & Yonker Personal Injury Lawyers to represent you, you’ll have a legal team to:
- Handle the paperwork and administrative issues
- Investigate to determine the cause of your accident
- Determine if you’re eligible for damages above and beyond what workers’ comp covers
- Hire experts to strengthen your personal injury claim
- Calculate the fair value of your workers’ compensation claim
- Negotiate with the insurance companies on your behalf
- Defend you if your claim is denied
- Advocate for you in court if necessary
You deserve to know that you’re getting the full compensation available. To learn more about how our Clearwater personal injury attorneys can help, call our law firm to schedule a free case evaluation today. We’re always available to discuss your case and evaluate your options.
How Common Are Workplace Accidents in Clearwater?
In 2020, 2.7 million non-fatal workplace injuries were reported across the United States. Another 4,764 fatal workplace accidents were reported to the Bureau of Labor Statistics (BLS). 275 of those work-related fatalities were in Florida.
While many of these accidents happen in construction, manufacturing, and other dangerous industries, any workplace can become dangerous if people are careless.
At Winters & Yonker Personal Injury Lawyers, we handle all types of work injury cases in Clearwater, including those involving:
- Motor vehicle accidents
- Scaffolding accidents and falls from heights
- Accidents involving forklifts, cranes, and heavy machinery
- Construction site accidents
- Fishing accidents
- Accidents in the agricultural industry
- Slip and fall accidents
- Electrocution or electric shock
- Fires and explosions
- Welding and industrial accidents
- Manufacturing accidents
If you or a loved one were injured on the job, reach out to our lawyers in Clearwater today. We’ll do everything we can to get you the money you deserve.
What Is My Clearwater Workplace Accident Case Worth?
Work accident victims in Florida have two primary options for recovering compensation. Nearly every employee in the state of Florida is covered by workers’ compensation. If a non-employer third party caused your injuries, you may also have rights under Florida personal injury laws.
The value of your case will depend on whether you can file a personal injury lawsuit or are limited to workers’ compensation benefits.
The value of your workers’ compensation benefits will depend on:
- Your income and wages prior to the accident
- The duration of your recovery
- Whether you’re totally or partially disabled
Your workers’ compensation check will cover about ⅔ of your average weekly wages in the 13 weeks prior to the accident. However, your check is also subject to a statewide cap on benefits.
If you’re totally disabled, the maximum that can be considered when calculating your weekly benefit is $1,099 in 2022. If you’re able to work in a reduced capacity, your check will be even lower.
You can’t sue your employer for damages if you were injured on the job. However, you may be entitled to seek compensation for damages not covered by workers’ comp if a third party was liable.
For example, you may have a case against:
- The at-fault driver in a car accident
- A negligent property owner
- Manufacturers of defective work tools
- A third-party supplier
- General contractors
By filing a third-party claim, you also become eligible to seek compensation for non-financial losses. So, factors such as your pain and suffering, emotional distress, and diminished quality of life also become relevant.
What Types of Damages Are Available To Workplace Accident Victims?
Workers’ compensation benefits are designed to help injured workers cover their financial costs during recovery.
Under Florida workers’ compensation laws, you may be entitled to:
- All reasonable and necessary medical expenses, including hospitalization, doctor’s visits, and prescriptions
- Temporary disability benefits
- Permanent disability benefits
- Impairment benefits
- Death benefits for survivors of fatal accident victims
In the state of Florida, you aren’t paid disability benefits unless you miss more than seven days at work. However, if you’re out of work for at least 21 days, you’ll be paid for the first seven days of disability.
Additional damages may be available if you’re entitled to file a third-party claim. You may be entitled to compensation for:
- Medical care and rehabilitation not covered by workers’ comp
- 100% of your lost wages and income
- Reduced future earning potential
- Property damage
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Disfigurement or scarring
- Anxiety, depression, and other mental health disorders
- Loss of consortium
When you’re injured and can’t work, it’s always important to recover every dollar available. Our Clearwater workplace accident attorneys at Winters & Yonker Personal Injury Lawyers have been handling injury cases like yours for decades. You can count on us to go the extra mile and recover the fair compensation you deserve.
Can I Recover Damages If I’m Being Blamed for a Workplace Accident in Florida?
You’re entitled to receive your full workers’ compensation benefits regardless of whether you caused the accident.
Comparative fault can limit the compensation you receive in a personal injury case. Under the pure comparative fault laws in Florida, fault is allocated between all parties involved in an accident. Your settlement or verdict is then reduced by your percentage of fault.
We’ll Fight To Recover Compensation for All of Your Workplace Accident Injuries
Work-related injuries can vary dramatically depending on the nature of the accident.
Our lawyers at Winters & Yonker Personal Injury Lawyers often represent injured workers who have sustained:
- Back injuries
- Traumatic brain injuries
- Broken bones
- Nerve damage
- Soft tissue damage
- Spinal cord damage
- Head and neck injuries
- Facial injuries
- Hearing loss
- Internal organ damage
- Paralysis and other catastrophic injuries
- Wrongful death of a loved one
Our lawyers will help you file a claim for workers’ compensation benefits right away. We’ll also evaluate the circumstances of your accident and determine whether you’re entitled to seek additional compensation under Florida personal injury laws.
What Causes Most Workplace Accidents in Clearwater, Florida?
Some of the most common causes of workplace accidents include:
- Failure to follow state and federal safety regulations
- Lack of proper safety equipment
- Lack of fall protection
- Defective scaffolding
- Dangerous work equipment
- Exposure to live electrical wires
- Physical strain and repetitive motions
- Being crushed between two objects
- Exposure to toxic substances
- Failure to properly train and supervise employees
- Lack of communication
- Dangerous property conditions
- Workplace violence
One simple misstep can cause a serious injury. Our lawyers can help you determine the cause of your accident. With that information, we’ll have the tools to fight for the maximum compensation you deserve from all responsible parties.
Am I Required To Prove Negligence To Recover Damages After a Workplace Accident in Florida?
Workers’ compensation is a no-fault system. You won’t be required to prove negligence to recover damages. That said, you could face significant challenges along the way.
Your employer or the insurance company may try to challenge your right to benefits by claiming:
- You failed to complete the required paperwork
- You didn’t notify your employer about the injury quickly enough
- Your injuries were not work-related
- Your injuries were pre-existing
- You visited a non-approved doctor
It’s also possible that the insurance company may pressure you to return to work before your injuries have fully healed. Our lawyers are here to help with these and any other challenges that you might face.
How Long Do I Have To File a Lawsuit After a Workplace Accident in Florida?
If you’re entitled to file a personal injury lawsuit, the statute of limitations gives you four years to take legal action. Wait any longer, and you’ll lose your right to sue for damages.
To protect your right to workers’ comp benefits under Florida law, you should report your injuries to your supervisor within 30 days of the accident.
Contact a Clearwater Workplace Accident Lawyer for a Free Consultation
Were you injured at work in Pinellas County? A Clearwater workplace accident lawyer can fight to protect your legal right to compensation. At Winters & Yonker Personal Injury Lawyers, we offer free consultations so you can get the information you need. Just give us a quick call at (727) 493-4418 to learn more today.
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