You never go to your workplace expecting to get hurt, but unfortunately it happens a lot more often than you think. According to the Bureau of Labor Statistics, there were 2.8 million work-related non-fatal illnesses and injuries in the workplace in 2019 alone.
If you have suffered a work-related illness or injury and need help obtaining the compensation you are owed, you can achieve real results by letting the Tampa workers' compensation attorneys at Florida Lawyers 360 handle all aspects of your case. . call to(786) 249-7999Schedule a free consultation appointment with aPersonal Injury Lawyerand learn about your best legal options.
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What is workers' compensation?
Workers' compensation refers to a form of insurance that most workers have.Employers in Florida are required by law to do this.to cover any work-related illness or injury, regardless of who is at fault. If you are an employee and are injured on the job, you may be entitled to compensation for your medical bills along with your replacement income in the event you become disabled.
Workers' Compensation Insurance allows workers who are injured on the job or have an accident on the job to get the help they need without having to prove that the employer is responsible for the injuries sustained. The vast majority of employers in Tampa, Florida, meet their workers' compensation obligations by purchasing insurance to pay for workers' compensation claims.
What should I do if I was injured at work?
To ensure you receive the maximum workers' compensation coverage for your injuries, do the following after an accident at work:
- Report the violation to your supervisor/boss immediately or as soon as possible. Florida law requires you to report a work-related accident to your employer within 30 days of the incident.
- If necessary, seek emergency treatment for your injuries.
- See a doctor recommended by your employer as soon as possible and follow the doctor's instructions. Seeing an employer-approved doctor ensures that your treatment costs are covered.
- Go ahead and write down your symptoms and injuries.
- Take photos and maybe even video of your injuries if they are really visible.
- File a workers' compensation claim with the help of an employment lawyer like Florida Lawyers 360.
Why should you hire an attorney for a Tampa damages claim?
You should hire an employment law attorneyTampa, Floridafor the following reasons and/or under the following circumstances:
have pre-existing conditions
If you have a serious medical condition, the insurance company may try to use this as an excuse to deny your claim. However, pre-existing medical conditions do not prevent you from receiving benefits, so you should retain an attorney to fight such insurance claims.
Your employer denies a work accident
Problems can arise when your employer does not acknowledge the fact that your injury was related to job duties or occurred on the job. A workers' compensation attorney can clearly make the connection between your injury and her job.
Your services will be delayed or denied
If your services are delayed or denied, you can appeal or seek other remedies. A workers' compensation attorney can guide you through the process and obtain any medical documents you may need to prove your case.
To assess the liability of third parties
If your injury resulted from the negligence of another party, e.g. B. your employer or co-workers, may have the right to bring a civil lawsuit in addition to your workplace injury proceeding. You don't have to choose between the two. Still, the workers' compensation lawyer you hire should know when a potential liability lawsuit will be filed.
case evaluation
It is not always easy or even possible to determine in advance exactly how much your work-related injury is really worth. However, with the knowledge and experience of an attorney, it is possible to determine how much your case is worth in order to determine whether or not it is worth pursuing.
How Much Does It Cost to Hire a Tampa, Florida Workers' Compensation Lawyer?
Florida Lawyers 360 does not believe that financial problems should stop someone from fighting for the justice and benefits they deserve. That is why we work on a contingency fee basis. This means we can provide you with the legal representation you need at little or no upfront cost, rather than forgoing the settlement fee you receive when your case is settled.
What should I do if my workers' compensation claim is denied?
If your workers' compensation claim is denied, that is not necessarily the last word in your case. You can try to resolve the dispute by meeting with your employer and/or insurance company to find out if the refusal was the result of a typographical error or other minor clerical error that can be easily corrected. If an informal meeting does not resolve the issue, you can file a formal appeal with the help of a Tampa workers' compensation lawyer.
Can I get fired for filing a job claim?
NO. Florida law prevents employers from firing or retaliating against an employee for filing or attempting to file a workers' compensation claim. If your employer does this, contact Florida Lawyers 360.
Is there a deadline to file a workers' compensation claim in Tampa, Florida?
The statute of limitations is the time limit for filing a workers' compensation claim in Tampa, Florida. It serves to protect against claims that are only asserted long after the damage has occurred. Florida law provides that the statute of limitations for workers' compensation claims is 2 years from the date of the accident.
However, there are notable exceptions to this 2-year statute of limitations:
- When the injured worker lacks capacity
- If the injured worker is a minor
- If the insurer has not sufficiently informed the worker of his rights.
- If the employer has misled the employee about the insurance claim.
Can I sue my employer?
Work-related injuries and/or illnesses are generally compensated by workers' compensation rather than personal injury claims. This means that workers are generally barred from suing employers for on-the-job injuries. However, you may need to sue the trade association to get them to pay your benefits.
Can an independent contractor file a workers' compensation claim?
Under Florida law, independent contractors are not employees, and employers generally are not required to provide workers' compensation insurance to such individuals, unless they are in the construction industry.
How much is my workers' compensation claim in Tampa, Florida?
If you receive benefits for work injuries in Tampa, Florida, you must be eligible to receive two-thirds of your average weekly wage, which is capped at $575 per week while you are unable to work. More specifically, you can collect benefits such as:
reimbursement of medical expenses
The trade association pays for all medical services deemed necessary and reasonable for the treatment and care of work-related and workplace-related illnesses or injuries, provided your treatment has been prescribed by your attending physician and approved by the insurance company.
Reimbursement of wages and salaries
It is used to pay for lost wages and work missed while you recover from work or from a work-related illness or injury. If approved, the first check must be received within 3 weeks of filing the claim.
Temporary Partial Disability (TPD)
Temporary partial disability is used to compensate workers who are unable to return to their normal job duties but can return with changes. The compensation awarded depends on the amount the worker can earn in the modified state.
Temporary Total Disability (TTB)
Temporary total disability is granted to workers who are unable to return to work for a specified period of time, but must return at a specified time in the future.
Permanent Disability Benefits (BIP)
Permanent disability benefits are generally awarded when a doctor determines that the worker has improved as much as possible.
Permanent Disability Benefits (PDB)
Awarded when an injured worker is unable to work while seated within 50 miles of home.
vocational rehabilitation
Under the Florida Workers' Compensation Scheme, injured workers can receive assistance to cover the cost of professional counseling, training and education to help them find work elsewhere.
death benefit
Children, spouses and other dependents of an employee who dies from a work-related injury or illness are entitled to payments totaling up to $150,000 plus funeral and burial expenses.
Schedule a Free Consultation with a Tampa Workers' Compensation Lawyer
If you are injured on the job or have a work-related illness, the attorneys at Florida Lawyers 360 can help. We handle workers' compensation cases in Tampa, Florida. We will review your case for free and help you understand your rights. We can calculate the amount you are entitled to for lost wages each week and help you fight for the compensation you deserve. Contact us today by phone or online for your free, non-binding initial consultation and case evaluation.