Tampa Workers’ Compensation Lawyer

Getting injured at work can be devastating, especially if you have to take time off work to recuperate. When you get injured at work you are entitled to compensation by your employer’s insurance. The Florida state laws require most employers to have insurance that can pay out benefits to any injured employees. No matter what, you will want a Tampa workers’ compensation lawyer fighting for you!

Unfortunately, this is not always as easy. You may get injured but not get the lost wages and medical expenses owed to you. Most insurance companies do their best to give the employees the least amount they can, and at times they may deny the compensation completely. Hiring an experienced workers’ comp lawyer is the best way to ensure that there is someone to advocate for your right to compensation when injured at work.

With an experienced workers’ comp lawyer, you will file your claim the right way, adhere to the deadlines, and be aware of your legal rights. You have a better chance of getting compensated if you get a lawyer than when you try to file by yourself. Florida is a state that has strict liability laws and your lawyer will use these to ensure you get the compensation you deserve.

Work Injury Rights is a Tampa Law Firm that has dedicated and experienced workers’ comp lawyers who fight for your right to benefits when you have a work-related injury. Call us today at 954-833-5226 to get a lawyer that will represent you throughout your workers’ comp claim and get you the benefits you are entitled to.

Table of Contents

What Is Workers’ Compensation?

It is a form of insurance that pays employees that have been injured at work the wages lost due to the injury and medical benefits. An employee should be paid for the time they take off to heal and compensation for treatment of the injury. Workers’ comp entitles an employee to;

  • Medical treatment: This also includes any expenses for hospital stays
  • Temporary total disability benefits if you have to take time off work to heal
  • Prescriptions
  • Physical therapy
  • Travel expenses related to the injury
  • Vocational rehabilitation (this provides the injured employee with an opportunity to get gainful employment after the injury).

What Should I Do if I’m Hurt on the Job?

Once you have been injured on the job, it is important to ensure you do the following;

  • Tell Your Employer that You Have Been Hurt

This is what will serve as an official notification, so you need to do it within 30 days of getting injured. The 30-day window is for your employer to notify the insurance company. Your report should include the time and date of injury, the location of the injury, any witnesses, and the cause of the injury.

  • Start a Record of Your Injury and Symptoms

The written record will play a role as evidence for compensation during the claim.

  • Document Injuries with Photos

If your injury is visible, take pictures and/or videos. Make sure there is no false evidence because you will risk losing your benefits if that is the case.

  • Seek Medical Treatment

Get a doctor to look at your injury and provide a professional diagnosis.

  • Seek Legal Advice

Hire a lawyer to help you file a workers’ comp claim

  • Rest and recuperate

This is the best and fastest way to getting back to and enjoying, your everyday life.

What Are the Most Common Workplace Accident Injuries?

Anyone can be injured at work due to no fault of their own. However, being aware of the most common workplace accidents is advantageous.

The most common workplace accident injuries are:

  • Back/Neck Injuries – these injuries mostly result from lifting heavy objects at work or crashes and collisions.
  • Burns – they can happen when working with dangerous chemicals or in factories with inflammable goods.
  • Fractures- from falls and slips or getting struck by heavy objects
  • Amputations – from machinery
  • Hearing loss –  from working with machinery that is too loud
  • Joint pain
  • Slips and falls – from slippery floors, unsafe areas, and poorly placed objects around the workplace.
  • Construction accidents
  • Accidents while traveling for work purposes
  • Accidents when working with tools.

 

Accident in Tampa warehouse, concept of Tampa workers' compensation lawyer

Why Should I Hire a Tampa Workers’ Compensation Lawyer?

Hiring a lawyer will be a good idea because:

A Lawyer Will Help With the Claim Process

There are various benefits to getting a workers’ comp lawyer to work on your claim when you are injured at work. First, there is the advantage of having an expert explain the worker’s comp laws to you. Most employees do not understand the requirements of workers’ comp until they get injured. Having a lawyer will prevent you from making mistakes during the claims process.

Furthermore, your lawyer will ensure you understand the workers’ comp laws and the statute of limitations for your case so that you report the case and file your claim in time. Failure to do this could cost you your benefits.

A Lawyer Can Appeal If Your Claim is Denied

A workers’ comp attorney can appeal if your claim is denied. Most employees are not aware that workers’ comp claims get denied more often than not. A lawyer is the best chance you have of getting your benefits even after this happens. They will go through the reasons provided by the insurance company for the denial of your claim and ensure they rectify it. A lawyer has experience with such cases and will be successful in gathering the evidence necessary to prove your injury is work-related.

A Tampa workers’ compensation lawyer will represent you if your claim is denied. Insurance companies bank on the fact that an injured employee does not know their rights. Getting a lawyer will prevent them from taking advantage of your lack of legal knowledge in workers’ comp cases.

A Lawyer Can Help You Maximize Your Benefits

Working with a workers’ comp lawyer will give you a better chance of getting what you want because they can argue that you deserve a lump sum payment which will be considered a lifetime payment to reduce the offset effect. An experienced workers’ comp lawyer knows how to maximize your benefits using legal methods.

How Much Does it Cost to Hire a Tampa Workers’ Compensation Attorney?

Your lawyer will charge 20 percent for the first five thousand dollars of your workers’ comp benefits, fifteen percent for the next five thousand, and ten percent for the remaining benefits. There is also a five percent fee for benefits secured after ten years.

Your lawyer cannot bill you for benefits that they did not help you secure. There may be extra charges incurred during the process. If that is the case, your lawyer will communicate them to you.

What Should I Do if My Workers Compensation Claim Is Denied?

When your claim is denied, you will receive a notice of denial stating the reasons for the denial. Your lawyer will work with you to try and solve the dispute with your employer by filing a Petition for Benefits.

If your lawyer is unsuccessful, you will get a hearing in front of the Office of the Judges of Compensation Claims(OJCC). Once you have the hearing, the judge will decide within 30 days whether you will get your benefits.

What Responsibility Does the Employee Have in Filing a Workers’ Comp Claim?

The employee’s responsibilities in the workers’ compensation process include:

  • Reporting the workplace injury to your employer within 30 days of the incident
  • Gathering evidence that the injury was caused by your work and occurred at the workplace
  • Seeking medical help from a physician recommended by your employer/employer’s insurer
  • Documenting your injuries and symptoms
  • Hiring a lawyer to help with the claim.

 

Tampa workers' compensation lawyer helping injured man

What Responsibility Does the Employer Have in the Workers’ Compensation Process?

The employer’s responsibilities in the workers’ compensation process include:

  • Notify the insurer of the employee’s injuries within 7 days of getting the report
  • Notify the employee of their rights to benefits and give the employee the information regarding filing the claim within three days of getting the report of injury
  • Send the employee to an authorized physician for medical attention
  • Allow the employee to resume work after recuperation and inform you of any changes to your work duties

Can I be Fired for Claiming a Workers’ Comp Claim?

NO. Compensation after a workplace injury is your right.

Is there a Time Limit to File a Workers’ Comp Claim in Tampa, FL?

You have two years from the day of your injury to file for workers’ comp. You have 30 days to report the injury to your employer.

Can I Sue My Employer?

You cannot sue your employer except:

  • If there was deliberate intention to injure the employee.
  • If your employer was repeatedly warned of risk and ignored or concealed the risk.
  • If your employer does not have sufficient worker’s comp to cover the cost of an injury.
  • Claim denial because of the employer’s fault. For instance, if they did not report your injury to the insurer on time.

Can an Independent Contractor File a Workers’ Comp Claim?

No. Florida Workers’ Comp laws do not allow workers’ comp for independent contractors.

What Is My Tampa Workers’ Compensation Claim Worth?

Your compensation claim will pay for the following;

  • Medical bills charged by the authorized treating physician
  • Rehabilitation costs
  • A percentage of your lost wages
  • Prescription medication to treat your injury
  • Travel expenses related to your injury
  • Your income loss replacement benefit. This is two-thirds of your average wage per week and has a limit of five hundred and seventy-five dollars per week.
  • Permanent Partial Disability (PPD). There may be an extra amount if the authorized treating physician gives a disability rating in line with the AMA requirements.

Contact a Tampa Workers’ Compensation Lawyer at Work Injury Rights Today!

Are you a resident of Tampa that has been injured at work and needs a workers’ comp lawyer to help with your case? Get an experienced Tampa workers’ compensation lawyer to help you with your case today.

With an experienced workers’ comp lawyer, you will file your claim the right way, adhere to the deadlines, and be aware of your legal rights. You have a better chance of getting compensated if you get a lawyer than when you try to file by yourself. Florida is a state that has strict liability laws and your lawyer will use these to ensure you get the compensation you deserve.

Hiring a lawyer will help you get what you deserve and avoid stress during your healing process. Call Work Injury Rights today on 954-833-5226 to get a dedicated Tampa workers’ compensation lawyer for your case.