St. Petersburg Workers’ Compensation Lawyer

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St. Petersburg Workers' Compensation Lawyer

Were you recently injured on the job in St. Petersburg, FL? You may qualify for benefits under your employer’s workers’ compensation insurance policy. However, getting all of the benefits you deserve can be a challenge, which is why you shouldn’t hesitate to call the St. Petersburg workers’ compensation lawyers at Winters & Yonker, P.A. for help.

For more than two decades, our law firm has been a source of support and justice for injured employees in St. Petersburg and throughout the Tampa Bay area. We’re award-winning Florida trial attorneys with over 119 years of combined experience and a demonstrated ability to help our clients achieve maximum results.

We’ve won millions in compensation on behalf of injured workers in St. Petersburg. Let us stand up and fight to get you the workers’ compensation benefits you deserve, too. Your first consultation is free, so call (727) 314-5988 to contact our St. Petersburg, FL, law office today.

How Winters & Yonker, P.A. Can Help With Your Claim for Workers’ Compensation Benefits

How Winters & Yonker, P.A. Can Help With Your Claim for Workers’ Compensation Benefits

What do you need to do to initiate the claims process? What happens if your claim is rejected by your employer’s insurance company? How much is your workers’ compensation case worth?

Don’t try to navigate the days after your workplace accident on your own. Turn to Winters & Yonker, P.A., and let our experienced St. Petersburg personal injury lawyers take the lead.

We’ve been navigating complex workers’ compensation disputes since 2001, and we’re intimately familiar with the rules, procedures, and hurdles you’ll face along the way. 

You take this time to focus on recovering from your work-related injuries, healing from the trauma of your accident, and getting back to work.

Our workers’ compensation attorneys in St. Petersburg will guide you through your claim from start to finish:

  • Confirm that you qualify for workers’ compensation benefits
  • Help you complete the necessary forms and documents to initiate the claims process
  • Ensure that your employer receives proper notice of your workplace injury
  • Investigate the circumstances of your work-related injury or occupational disease
  • Gather evidence that can be used to support your claim – including medical records, paystubs, and tax returns
  • Secure an independent medical evaluation in the event that we need to dispute an aspect of your benefits package
  • Handle conversations and negotiations with your employer’s workers’ compensation insurance carrier
  • Appeal your claim if it is denied, or seek a better result from a higher authority in the Division of Workers’ Compensation

There are times when you may also have the right to pursue additional compensation in a third-party personal injury lawsuit. We will identify all potential legal options and help you exhaust every avenue so that you can maximize your financial award.

At Winters & Yonker, P.A., our workers’ compensation lawyers in St. Petersburg work on a contingency fee basis. You pay nothing out of pocket to get our top-rated legal team on your side. We only get paid if we win your workers’ compensation claim.

Understanding the Florida Workers’ Compensation System

In Florida, employers with at least four employees are legally required to carry workers’ compensation insurance coverage. All employers in the construction industry have to opt into the system, regardless of how many employees they have.

Workers’ compensation is a no-fault system, which essentially means two things:

  • You can receive benefits regardless of who caused your accident or injury – including yourself, and
  • You waive the right to sue your employer for your work-related injury or illness.

This way, you get the money you need without a long wait, and your employer doesn’t have to worry about an onslaught of lawsuits when employees get hurt on the job.

Do I Qualify for Benefits?

You qualify for workers’ compensation benefits in St. Petersburg, Florida, if:

  • You’re an employee (full-time or part-time)
  • You work in construction or for an employer with at least four employees, and
  • You’ve sustained a job-related injury or been diagnosed with an occupational disease.

Independent contractors don’t have the same protections as employees under the law. So, you’ll have to seek alternative sources of compensation if you are hurt while working in St. Petersburg.

Workers’ compensation is intended to compensate employees who sustain accidental injuries or illnesses at work. So what qualifies as a job-related injury?

Essentially, you have to be furthering your employer’s business by performing a task or responsibility within your scope of employment.

You won’t qualify for workers’ compensation if you get hurt on your own personal time during a break during the day or if you get into a car accident on the way to work.

However, you might qualify for workers’ compensation after a car accident or truck accident if you were running an errand for your boss or if your job involves driving.

Your employer’s workers’ compensation insurance company might try to argue that your injury wasn’t sustained in the course of your employment, so it can be important to have an experienced personal injury attorney representing you throughout the claims process.

What Workers’ Compensation Benefits Are Available to Injured Workers in Clearwater, FL?

Florida offers limited economic benefits to injured employees under the state’s workers’ compensation system.

Medical Benefits

You are entitled to compensation for the cost of reasonable and necessary medical care, which can include:

  • Hospitalization
  • Surgery
  • Ongoing medical treatment
  • Rehabilitation
  • Medical devices 
  • Medical equipment
  • Prosthetics
  • Transportation 

Your care, however, must be provided by a physician who has been pre-approved by the insurance company. So, you typically won’t be able to see your own doctor. Florida law gives you the right to obtain one independent medical exam (IME) so that you can have an objective third party review your situation.

Cash Benefits

You might have to miss time at work when you’re injured or become sick on the job. Florida provides cash benefits – or benefits for lost wages and income – in certain situations.

  • Total temporary disability (TTD): two-thirds of your average weekly wages (pre-accident) if you’re completely unable to work
  • Partial temporary disability (PTD): a percentage of your average weekly wage (pre-accident) and what you’re capable of earning now if you can work in some capacity
  • Permanent total disability (PTD): two-thirds of your average weekly page (pre-accident) if you are diagnosed with a total disability and will not be able to return to work in any capacity
  • Impairment income benefits (IIB): a percentage of your average weekly page (pre-accident) if you are given an impairment rating (IR) that impairs your earning capacity

Death Benefits

If an employee is killed in a fatal workplace accident or dies after being diagnosed with an occupational illness or disease, surviving family members may qualify for death benefits.

Death benefits can include money for funeral and burial expenses and lost wages and income.

No matter what industry you work in or what type of job you have, you can sustain serious and life-changing injuries in an unexpected accident. As long as you’re covered, you should be entitled to benefits to help you cover your costs and get back on your feet.

At Winters & Yonker, P.A., we represent clients in workers’ compensation claims involving:

  • Slip and fall accidents
  • Falls from heights
  • Construction accidents
  • Heavy machinery accidents
  • Electrocution
  • Roofing accidents
  • Repetitive motion injuries
  • Exposure to toxic chemicals
  • Car accidents
  • Truck accidents
  • Scaffolding accidents

Don’t hesitate to reach out to our legal team if you’ve recently been involved in an accident at work. We can help you explore your legal options and begin to formulate a strategy to get you the compensation you deserve.

When Do I Have To File My Claim By To Receive Florida Workers’ Compensation Benefits?

Under Florida law, you have to notify your employer about your job-related injury within 30 days of getting hurt.

Once you’ve done this, you’ll have two years from the date of your injury to file a formal claim for workers’ compensation benefits.

Can I File a Lawsuit To Supplement My Workers’ Compensation Benefits?

Since workers’ compensation is a no-fault system, you generally cannot file a lawsuit against your employer if you get hurt on the job. 

However, you still reserve the right to bring a legal claim against a third party that contributed to your accident. This could mean filing a lawsuit against a manufacturer of a dangerous product, a property owner, or even a negligent motorist after an auto accident.

In a third-party lawsuit, you can generally recover economic and non-economic awards, which make up for your financial losses and things like pain and suffering. 

Schedule a Free Consultation With an Experienced St. Petersburg Workers’ Compensation Lawyer

Your employer’s workers’ compensation insurance company won’t make the claims process easy for you. They might try to undervalue your claim, underestimate the seriousness of your injuries, or deny your claim altogether. 

Our experienced St. Petersburg workers’ compensation lawyers are ready to put 119+ years of combined experience to work to help you make the most of your fight for benefits.

We offer a free case evaluation, so don’t hesitate to reach out to our legal team in St. Petersburg, FL, to get started today.

Our personal injury law firm in St. Petersburg, FL also provides:

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