Winters & Yonker Personal Injury Lawyers located in Tampa, FL

Tampa Workers’ Compensation Lawyer

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Tampa Workers' Compensation Lawyer

You may be entitled to workers’ compensation benefits if you have recently been injured on the job in Tampa, Florida. While benefits are guaranteed to most qualifying employees, winning your case and maximizing your financial recovery can be a challenge. That’s why the Tampa workers’ compensation lawyers at Winters & Yonker Personal Injury Lawyers should be your first call for help after you get hurt.

For more than two decades, our attorneys have been fierce advocates for injured workers in Tampa and throughout Hillsborough County, FL. We give laborers a voice and ensure that their rights under the law are respected by employers and workers’ compensation insurance companies.

Benefit from a team with 119 years of combined experience that’s won millions for deserving clients like you. Our law firm handles all personal injury matters such as construction accidents in Tampa, commercial vehicle accidents, Tampa workplace injuries, medical malpractice cases, and more.

Give our law office in Tampa, FL a call to discuss your case. Your first consultation is free, so contact us to get started today at (813) 223-6200.

How Winters & Yonker Personal Injury Lawyers Can Help With Your Florida Workers’ Compensation Claim

How Winters & Yonker Personal Injury Lawyers Can Help With Your Florida Workers’ Compensation Claim

Employers don’t want their insurance premiums to go up. Insurance companies are more interested in profits than in making sure that injured workers like you receive a fair payout. The odds are stacked against you when you begin the workers’ compensation claims process. You need the experienced Tampa personal injury lawyers from Winters & Yonker Personal Injury Lawyers fighting for you.

We know the tricks and tactics employers and insurers use to minimize payouts and deny claims. We will be ready to anticipate every move and fight to ensure that you are compensated appropriately for your workplace injuries.

While you have the much-needed opportunity to focus on your recovery, a Tampa injury attorney will:

  • Investigate your workplace accident and injury
  • Help you secure medical treatment from an approved physician or healthcare provider
  • Get an Independent Medical Exam (IME), which can be used to challenge findings made by the insurance company’s healthcare provider
  • Gather evidence and documentation to support your claim for benefits
  • Determine if you may also have the right to file a personal injury lawsuit against responsible parties for additional damages
  • Prepare and submit claims on your behalf
  • Handle negotiations with your employer’s insurance company
  • Represent you at hearings and appeal a denied claim for benefits, if necessary

The consequences of an on-the-job injury can touch every corner of your life. In Florida, you may have the right to recover workers’ compensation benefits to make your life a little bit easier as you get back on your feet. Our job is to make sure that you get every cent you deserve. We will be your fiercest advocate – you just have to call our Tampa personal injury law firm and ask for our help.

What is Workers’ Compensation?

Workers’ compensation is an insurance system that most employers in the state of Florida are required to participate in. If your employer carries workers’ compensation, you can receive benefits for medical care, lost income, and disability if you suffer injuries on the job or are diagnosed with an occupational disease. 

This sets up a relatively fast path to compensation, allowing you to bypass the traditional personal injury claims process that’s used for other types of accidents. But there is a catch. Your employer generally assumes no liability for your accident, which means you won’t have the option of suing.

Do I Qualify For Benefits?

You may qualify to receive workers’ compensation benefits after a workplace accident in Tampa if you:

  • Work for an employer who carries workers’ compensation insurance;
  • Suffer injuries or contract an illness while performing job-related responsibilities; and
  • Are classified as an employee rather than an independent contractor.

It may be difficult to know if you qualify for benefits, but you don’t have to figure it out on your own. Our attorneys can help by identifying your employment status, confirming you are classified appropriately, and reviewing the facts of your case.

If you qualify, we will help you provide proper notice and begin to prepare a claim to secure the benefits you deserve.

Can I Recover Benefits If I Caused My Workplace Accident?

In Florida, workers’ compensation is a no-fault system. This means benefits are available regardless of who is responsible for causing a workplace accident. You can be entirely at fault and still qualify for benefits, as long as you were acting within the scope of your job and acting reasonably.

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

Unlike other types of personal injury cases, the types of compensation you can recover in a workers’ compensation claim are limited. 

Medical Benefits

Benefits will cover the cost of necessary and reasonable medical treatment related to your workplace injury or illness. However, you must seek care from a physician or healthcare provider who has been approved by your employer’s insurance provider. So, you can’t just go to your own doctor or choose alternative forms of treatment if you want your medical bills to be covered. However, you are entitled to get an Independent Medical Exam, which can be used to contest diagnoses or claims made by the in-network healthcare providers.

Temporary Total Disability

You can receive TTD benefits if you need to miss more than seven days of work. Temporary total disability equals two-thirds of the average weekly wage you earned before your accident, subject to a statutory cap.

Temporary total disability benefits can be paid until:

  • Your doctor says you can go back to work;
  • You reach maximum medical improvement (MMI); or
  • You’ve received TTD for 260 weeks.

For 2022, the statutory cap on TTD benefits is $1,099.

Temporary Partial Disability

You can receive TPD benefits if you can return to work in a limited capacity but earn less than 80 percent of your pre-injury wages. Temporary partial disability is calculated by taking 80 percent of the difference between your pre-injury and post-injury income.

Permanent Total Disability

Once you reach maximum medical improvement, you will no longer qualify for temporary disability benefits. If your injury causes permanent impairment, you may qualify for permanent total disability benefits. PTD equals two-thirds of your average weekly wage until you turn 75.

Death Benefits

When an employee dies in a workplace accident in Tampa, surviving family members may have the right to receive death benefits under the workers’ compensation system. Death benefits can cover funeral and burial expenses up to $7,500 and provide dependents with up to two-thirds of the worker’s average weekly wage (capped at $150,000).

What Types of Accidents and Injuries Are Covered By Workers’ Compensation?

Whether you work in a dangerous industry like construction, log hours on your feet as a nurse, or spend most of your time in the relative safety of your office, workers’ compensation can cover almost any injury or accident.

Workers’ compensation claims commonly involve:

Common injuries include: 

  • Traumatic brain injuries
  • Amputations
  • Spinal cord injuries
  • Back injuries
  • Nerve damage
  • Vision or hearing loss
  • Burns
  • Occupational illnesses, including mesothelioma and other types of cancer
  • Repetitive motion injuries
  • Sprains, strains, and other soft tissue injuries
  • Wrongful death of a worker

Don’t hesitate to reach out to our legal team if you or a family member has recently suffered an injury while working in the Tampa Bay area. We would be happy to listen to your story, assess your situation, and help you pursue all available compensation under Florida law.

Can I Sue My Employer If I’m Getting Workers’ Compensation?

Generally, you cannot sue your employer for work-related injuries. That’s because Florida’s workers’ compensation system does not assign fault. In exchange for benefits, you waive your right to file a lawsuit against your employer, even if they contributed to your accident.

This does not mean that you can’t sue your employer if they violated safety laws or hurt you intentionally.

You also won’t have waived your right to bring a lawsuit against responsible third parties. For instance, if you were injured while using a defective piece of heavy machinery on a Tampa construction site, you may be able to file a product liability claim against the manufacturer.

Winters & Yonker Personal Injury Lawyers will carefully investigate your workplace accident and determine all potential courses for financial recovery.

How Long Do I Have to Bring a Workers Compensation Claim in Florida?

You must notify your employer within 30 days of getting hurt on the job or receiving a diagnosis for a work-related illness. Once you’ve notified your employer, you’ll have two years to file a formal claim for workers’ compensation benefits.

Don’t miss the deadline that applies to your workers’ compensation case. Once the statute of limitations expires, you give up the right to secure the benefits you’re owed under the law. 

Call a Trusted Tampa Workers’ Compensation Lawyer for a Free Consultation

Are you struggling with injuries because of a recent accident at work in Tampa, Florida? Call Winters & Yonker Personal Injury Lawyers to discover how our Tampa workers’ compensation lawyers can help you file a successful claim for workers’ compensation benefits.

We understand how difficult a work-related injury can be, and we’re here to advocate for you until you are properly compensated.

Put an award-winning Tampa personal injury law firm in your corner by calling us to set up a free consultation today.

Our personal injury law firm in Tampa, FL, also provides:

Karla Rogers
Karla Rogers
Best lawyer ever! I had an accident gave them a call and like three months later, case Settled and full payout... Excellent service!
Lenette Montalvo
Lenette Montalvo
Christopher from Winter and Yonker was amazing. Very nice person to talk to, listen to what I had to say, and even gave his opinion when needed. From start to finish I felt very important and I was impressed by this law firm every one i spoke to made me feel safe and comfortableto. My accident has done a lot of damage to me, and knowing I had an attorney from Winters and Yonker on my side made me feel great. My compensation for my accident is amazing and it will help me in my life. Thank you very much I will definitely recommend this law firm.
coleman vera
coleman vera
I went to Winter & Yonker Law Firm for my Tampa car accident case I was involved in. My case manager throughout the process and she took care of me from start to finish. The process was very seamless, I received the medical treatment that I needed immediately and at the very end, concluded with a very rewarding settlement. I've worked with a few law firms from prior accidents and none can compare to the service OR expertise I received from Mr. Yonker.👉 If you're seeking help for an injury related case, I would definitely recommend working with him and their amazing legal staff at Winter & Yonker Firm in Tampa. I will always use this firm for all my Personal Injury Claims! If you are l@@king for an Attorney to give you Top Notch legal help and the MOST money for your Pain & Suffering then take it from me I'm a paralegal and this firm continues to OUTSHINE them all!
Meredith Wilson
Meredith Wilson
This was my first personal injury experience. I wanted to choose a law office I could trust. A friend of mine recommended the law offices of Winters & Yonker, Personal Injury Lawyers in Tampa. Through the entire process Attorney Marc Yonkers was helpful and communication was stellar. I never felt out the loop. I felt confident throughout entire process. Which this month (Sept. 2023) they were able to settle my accident case successfully and to my 100% satisfaction. I cannot recommend Winters & Yonker and or Marc any higher. In short they are firm, fair, aggressive, responsive, super smart and know the numerous ins and outs of Personal Injury cases (which can be quite complicated). Upon hiring them you get a law firm that will leave you confident that your case will be handled expertly and with your interests front and center.
Geneva Ramirez
Geneva Ramirez
Winters and Yonkers has been a legend of the Tampa Bay personal injury Attorney community for a long time. I was in a car accident recently with my husband, we suffered back and neck pains after two days and thought to get someone’s help. I found Winters & Yonker Personal Injury Lawyers through a google search and called them right up. The same day Mr. Winters contacted both of us, listened, and was compassionate to our situation. He helped us through the entire process including getting me seen by a Doctor so we could heal our injuries correctly, and we got our medical bills reduced! Bill Winters, my case manager, and the entire staff were very knowledgeable and exceptional at their work. We would like to express my sincere gratitude to them and recommend them without any hesitation to anybody who needs help, don't try and fight the at fault's insurance on your own. If you're injured and need someone to protect your rights you won't find a better Attorney than Bill Winters at Winters & Yonkers!-Geneva, Tampa FL#personalinjurylawyer #caraccidentlawyer #tampainjuryattorney
Shelley Torres
Shelley Torres
Bum Boi
Bum Boi
My wife and I are work in Mediation and Arbitration but know nothing about personal injury cases. When a young delivery Truck driver who was distracted by his phone hit us at full speed and rear-ended us as we were stopped in traffic on Wesley chapel. We knew we needed to hire the best lawyers with PI experience and expertise in the Tampa legal community that we could.From our first phone call with Bill Winters and then all the way through Trial preparation then Trial, we never felt any bad about our case because we knew Bill and the entire staff at Winters and Yonker would take care of us.Their dedication, innovation, motivation, reliability, unparalleled intellect, and exceptional skill as trial lawyers make them extraordinary individuals. My experience working with them was nothing short of exceptional. Experiencing a car accident is an ordeal that encompasses fear, trauma, and frustration. It's a life-changing event in anyone's life. There was no amount of money that could ever make me alright, because I would give any amount of cash to not have to go through the nightmare that the car accident was and continues to be.It took almost 2 years from the time of the car crash to go to trial, but ultimately the jury verdict that Bill Winters got for my family was worth fighting for. There were so many times over the course of the three years that we actively realized how amazing it was that we felt no anxiety or concerns or worries about our case, because Bill is truly outstanding!If you or anyone you know gets hurt in a car accident, call Winters and Yonkers RIGHT AWAY! And then rest assured that you, your family, or friends are being cared for by the ABSOLUTE BEST legal team in Tampa Bay. Thank you, Winters & Yonker!
Glenda Litimco
Glenda Litimco
Winters & Yonker law firm did excellent work with my injury case. Luckily, I was referred to Winters & Yonker from a good friend after I was injured in a car accident. I did some initial research about injury lawyers near me, but the reviews for this office really stood out to me in Tampa. I decided to call and after a single phone conversation, the choice was easy to make! Not only was everyone extremely professional, they made the entire process smooth and clear. I was at ease with each step of the way because they were always there to answer my questions and keep me informed of what was happening. All expectations were met and my settlement was exceeded. I got much more than I thought was even possible from the insurance company. I highly recommend the Winters & Yonker Personal Injury Lawyers, and their team in Tampa to anyone in need of help after a car, truck, or motorcycle accident. You'll be in good hands!
Dandrea Ikner
Dandrea Ikner
This is the best lawyer in town
Nicky Warner
Nicky Warner
Max was amazing! He kept me updated throughout the whole process and was extremely easy to talk with. He also explained everything so I can completely understand it. It was an amazing experience. Thank you, Max!
Erika Smith
Erika Smith
I had a great experience with them! They truly care about you!! Thank you so much🤗
Jonathan Clem
Jonathan Clem
I was injured in a car crash here in town. Since it was essentially a "he said she said" accident case the opposing insurance claimed it was a 50/50 fault. Even though it clearly could not have been my fault. However, Bill worked diligently to get me everything I was needed to get my life back. He worked to get me access to all the doctors I needed and medical treamtment for my neck and back. Plus, a large settlement amount. Bill even took the time to calm me down when I saw the initial amount and cost for seeing my medical bills piling up! He even managed to get them to reduce their bills significantly! Plus, I received as much as possible. Winters & Yonker Personal Injury Lawyers in Tampa provided a great legal service. They were strait forward and honest about the approach, and communicated every aspect of the process. The firm took care of everything. I would 100% without a doubt recommend him if I knew someone that need a personal injury attorney. Given the circumstances of our introduction I hope I never have to, BUT Bill Winters will definitely be my first call if I'm ever injured again!
marie silvers
marie silvers
They are the Best! They care about you as a person!
jorden reagan
jorden reagan
Everyone on their staff is amazing! Chris and Sara won my case and helped me out with an accident that occurred a few months back. They made the entire process so easy! They called with case updates but not too often where it was constant phone calls. It was just enough to know what was going on the whole time without being bombarded. Thankful for Tayler on their staff who helped inform me on why Winters and Yonker was the best choice to go with!
Kimberly Rushton
Kimberly Rushton
Yes, I would highly recommend winners in Yonkers. I worked with Trevor and Trevor was the best. I recommend anyone that ever needs a lawyer to go to them. They are the best.
Pat Pawelkop
Pat Pawelkop
Highly recommend. Bill Winters and his staff took time to answer my questions, and handled my case in a timely and professional manner. I almost didn't contact a lawyer over my "small" injury case because I feared it would be so difficult and stressful. But he got me the settlement that my insurance company owed me, and I would never have been able to do that on my own. And with less stress that I anticipated. I'm glad I called them.
Amysway Barton
Amysway Barton
Always available
Certified Soul
Certified Soul
Winters and Yonker is who you want to go to when you get in a car accident because they will take care of you and won’t let you get low balled on your settlement. I got in a car accident where my back and shoulder was injured and I was referred to a attorney named Trevor. I appreciate Trevor for handling my case and keeping me informed with all the information I needed.
Sean S
Sean S
One of the best law firms in Tampa. My family was involved in a serious car accident. We went to that other personal injury firm with the two M's they were trying to make us settle the case quickly and they we're not listening to us with the arrogant attitude that they were the experts and we were just ignorant. We promptly fired them and then hired Winters & yonker. Our settlement was 5 times higher than what the MM wanted to settle for.I would like to thank Winters and Yonkers entire staff for a wonderful experience. They were all very knowledgeable and walked us through the whole process. We really felt like they cared, unlike the other firm.
Linda Robinson
Linda Robinson
I’m giving Winters & Yonker a shout out. My mother fell in Winn Dixie afew months ago. Her first choice wasMorgan & Morgan; however, after theinterview with them they decided not to take the case. My perception was that it was not a big enough case for them. I knew that she deserved to be compensated for her injuries, and I had mad faith in Winters & Yonker from using them in the past. They not only took the case but settled it in record time. Thanks Winters and Yonker, and I like to send a special thank you to Christopher Smith, who was never to busy when I needed answers. I would recommend your law firm to anyone. I found you to be ethical, professional, and respectful to my family, but most of all you will fight for the little guy. Much love and respect. God bless you all and your families👏👏👏👏
Reuben Rodriques
Reuben Rodriques
Other said it couldn't be done called your law firm and immediately you got on it impressive shocking furthermore you showed integrity did what you had to do though you didn't have to do it and I was shockingly pleased thank you you surprised me had I to choose any other law firm I would not hesitate to call you or share my experience with my friends thank you once again from me and my family amen
Hameed Owens
Hameed Owens
Myrtle Graham
Myrtle Graham
I was searching for a local car accident lawyer near me after I was rear-ended by someone earlier this month. I was being pushed around by the at-fault driver's insurance company and needed some legal help.I found Winters & Yonker Personal Injury Lawyers through Google Maps and decided to get a free consult. I called the Tampa office of this firm and talked to them about my options. I briefly told them of my situation and was connected to Bill shortly after. He was extremely informative and was very professional. By the end of the same day he had me meet with a private investigator and referred me to a chiropractor nearby. Great customer service, and I look forward to how well my settlement will turn out. I know I am in good hands!
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