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. 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.
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.
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.
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:
- Construction accidents
- Excavation accidents
- Slips and falls
- Falls from heights
- Crushed in or between machines or objects
- Motor vehicle accidents, including car accidents and truck accidents
Common injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Back injuries
- Nerve damage
- Vision or hearing loss
- 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.
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