You may be entitled to receive workers’ compensation benefits if you’ve recently been hurt on the job in New Port Richey, Florida. However, your employer’s insurance company won’t make things easy for you. Level the playing field by calling the experienced New Port Richey workers’ compensation lawyers at Winters & Yonker Personal Injury Lawyers for help.
We’ll help you fight to not only win your workers’ compensation claim, but maximize the benefits owed to you under Florida state law.
Since 2001, Winters & Yonker Personal Injury Lawyers has been a fierce advocate for injured laborers in New Port Richey, helping them stand up and fight back against powerful employers and insurers. We put 119+ years of combined experience behind every client’s case, and we’ve won millions in the process.
Now it’s your turn to benefit from our extensive experience, in-depth knowledge of Florida’s workers’ compensation law, and reputation as top trial attorneys. Contact or call our law office in New Port Richey, FL to get started with a free consultation at (727) 910-5060.
How Winters & Yonker Personal Injury Lawyers Can Help With Your Workers’ Compensation Claim in New Port Richey, FL
Getting hurt at work can turn your world upside down. It can leave you with thousands in medical bills and suddenly cut off your stream of income. If you’re an employee, there’s a good chance that you’ll qualify for workers’ compensation benefits.
However, it is often more difficult to secure benefits – and the full value of your benefits – than it should be. That’s where our New Port Richey injury attorneys can help.
We’ll take on your employer’s insurance company and fight to ensure that your claim is handled in good faith. We’ll invest considerable resources and over 119 years of combined experience into your case and fight to get you the results you need and deserve.
As our top-rated Florida personal injury attorneys navigate your workers’ compensation claim, we will:
- Independently investigate the accident or circumstances that caused your injury or illness
- Determine if you may also have grounds to file a personal injury lawsuit for damages against a liable third party
- Gather evidence to support your claim for damages
- Help you secure an independent medical examination
- Prepare and submit appropriate claims and documentation on your behalf
- Handle settlement negotiations with the insurance company and other parties
- Appeal your claim if it’s denied or if you’re offered an unreasonably low benefits package
Our team will handle every aspect of your claim for benefits, giving you the opportunity to focus on getting better.
Call our law office in New Port Richey to learn more about our legal services, your case, and how we can help you get the money you deserve.
Understanding the Florida Workers’ Compensation System
In Florida, companies with at least four employees are typically required to carry workers’ compensation insurance coverage. If your employer works in construction, they’re required to carry insurance if they have just one employee.
Workers’ compensation is a no-fault system that provides benefits for employees who suffer injuries or develop illnesses in the course of their employment.
It serves two purposes:
- Injured workers have a clear path to compensation to offset costs related to a job-related injury or illness, and
- Employers are protected from being sued every time a worker gets hurt on the job.
Essentially, you waive the right to sue your employer in exchange for recovering workers’ compensation benefits.
Workers’ Compensation Benefits Can Help Victims of Many Catastrophic Workplace Accidents
Workers’ compensation benefits can be invaluable if you’ve been hurt on the job.
In Florida, you may have the right to pursue benefits to offset the costs of a:
- Construction accident
- Agricultural accident
- Warehouse accident
- Slip and fall accident
- Transportation accident
- Car accident
- Truck accident
- Accident involving heavy machinery
- Accident involving defective work equipment
- Occupational illness or disease, such as Mesothelioma or other types of cancer
- Repetitive motion injury
- Aviation accident
- Manufacturing accident
- Assault or act of workplace violence
Don’t hesitate to reach out to Winters & Yonker Personal Injury Lawyers if you’ve suffered an injury while working in New Port Richey. Our experienced workers’ compensation attorneys will evaluate your situation and help you understand the best path forward.
What Workers’ Compensation Benefits Are Available To Injured Workers in New Port Richey?
It’s important to understand that the benefits available under your employer’s workers’ compensation policy will be different from damages typically awarded in a lawsuit.
Workers’ compensation typically covers three things: medical treatment, lost wages, and death. These benefits aren’t without restriction – they’re subject to strict caps and limitations.
You’re entitled to necessary and reasonable costs related to the treatment and rehabilitation of your work-related injury.
However, you don’t reserve the right to see your own doctor or decide on your own medical treatment plan. Instead, you have to seek care from a provider that’s been pre-approved by your employer’s insurance company.
Temporary Disability Benefits
You can recover temporary disability benefits if your job-related injury keeps you out of work for more than seven days.
There are two types of temporary disability benefits: total and partial.
Temporary total disability (TTD) benefits equal two-thirds of your average weekly wage before you suffered an injury. However, TTD benefits are subject to a statutory cap. For injuries occurring after 1/1/2023, the maximum compensation rate is $1,197.
TTD benefits are paid until you reach maximum medical improvement (MMI) or have received payments for 104 weeks, whichever is shorter.
If you reach MMI and still suffer from a disability, you can qualify for temporary partial disability (TPD) benefits. TPD benefits equal 80 percent of the difference between your current wage and your pre-injury wage (subject to the statutory cap).
Permanent Impairment Benefits
You may qualify for permanent impairment benefits (IB) if you still suffer from a disabling condition once your TTD benefits expire or you reach MMI.
In these situations, your doctor will give you an impairment rating, which is essentially the extent to which you are disabled because of your workplace injury. As long as your impairment rating is more than 0, you can receive impairment benefits.
Impairment benefits equal 75 percent of your average weekly wage (pre-injury).
Permanent Total Disability Benefits
Permanent total disability benefits (PTD) can be awarded if your injury or illness prevents you from ever working again. PTD equals two-thirds of your average weekly wage, pre-injury.
If a family member is killed on the job in New Port Richey, Florida, workers’ compensation benefits can cover up to $7,500 in funeral expenses. Families may also qualify for income benefits and educational benefits.
How Long Do I Have To Recover Workers’ Compensation Benefits in Florida?
If you get hurt while working in New Port Richey, you have a legal obligation to notify your employer within 30 days. This is a critical step if you want to recover benefits through your employer’s workers’ compensation insurance policy.
Under Florida law, there is a two-year deadline that applies to most workers’ compensation claims. This gives you until the second anniversary of the date you knew or should have known that you got hurt at work to pursue benefits.
Missing the deadline isn’t an option. If that happens, you give up the right to pursue benefits and recover much-needed compensation to get your life back on track.
Can I Also File a Lawsuit If I Recover Workers’ Compensation Benefits in New Port Richey, Florida?
You typically cannot sue your employer. You give up that right by receiving workers’ compensation benefits. However, you don’t waive your right to litigation altogether.
You can potentially file a lawsuit against a negligent or otherwise-responsible third party.
Depending on the specific circumstances of your accident and case, potentially liable parties might include:
- Product manufacturers
- Property owners
- Negligent motorists, in the event of a work-related car or truck accident
- Government agencies
In a lawsuit, you can recover economic and non-economic damages on top of the benefits you receive through workers’ compensation. This can include money for things like preferred medical treatment, lost job opportunities, pain and suffering, emotional distress, disfigurement, and reduced quality of life.
Punitive damages can also be sought in a workplace accident lawsuit.
Our workers’ compensation lawyers in New Port Richey will look closely at the details of your case to determine if you might have the opportunity to bring legal action against a third party.
Schedule a Free Consultation With a Respected New Port Richey Workers’ Compensation Lawyer
Now is the time to take action if you’ve been injured on the job in New Port Richey, FL. Don’t let your employer’s insurance company push you around or scare you into accepting a smaller benefits package than you deserve. Call Winters & Yonker Personal Injury Lawyers, and get our New Port Richey workers’ compensation attorneys in your corner.
We offer a free, no-obligation case evaluation. Since we work on contingency, there’s no risk in asking for our help. Call our New Port Richey law office to get started today.