TAMPA WORKERS' COMP ATTORNEY/
If you have suffered a work-related injury or disabling condition, you can be confident our Tampa workers’ compensation lawyer can maximize your benefits or negotiate a higher lump sum settlement of your workers’ comp case. We represent a diverse clientele, from construction workers and factory workers to drivers, nurses and office workers injured on the job.
The workers’ compensation insurance program was designed to be a simple, no-hassle way for workers to get compensation for costs related to workplace injuries. These benefits are crucial for injured workers, but it’s far too often the case that workers get denied the full payment they deserve. Our Feldman Legal Group attorneys fully understand complex workers’ compensation laws and will not hesitate to fight your insurance company to obtain the just benefits you need and deserve.
Get help from our experienced Tampa workers’ comp attorneys. We will fight aggressively to get you the full compensation you deserve. Call us today at 877-946-8293 for your free initial assessment.
BENEFITS OUR FLORIDA WORKERS’ COMPENSATION LAWYER CAN HELP YOU GET/
WE ENSURE YOU GET FAIR COMPENSATION FOR INJURIES YOU SUSTAINED IN YOUR WORKPLACE
Financial compensation is probably one of the most important concerns you have right now. We understand why you may wonder how much you could get for your workers’ compensation settlement. Every case is unique, and the specific benefits you’re eligible to receive depend on certain factors, like the severity of your injury and the extent of your disability, as well as whether your disability is temporary or permanent.
Our Tampa workers’ compensation lawyer can help you pursue any and all benefits you are entitled to under the law, including:
- Compensation for permanent disability
- Lost wages or salary
- Rehabilitation expenses
- Retraining costs
- Dependents’ recovery for a worker’s death.
When you speak with our attorney about your workers’ comp claim, you’ll get a better understanding of what benefits you can receive.
TYPES OF WORKERS’ COMPENSATION BENEFITS AVAILABLE IN FLORIDA
In Florida, benefits for lost wages may fall under four categories, each of which relates to the severity of your injury and how long it may impact your ability to work. The Florida Division of Workers’ Compensation provides online benefit calculators2 to help you understand what amount you may be able to expect. There are three calculators, one for each of the above types of disability.
TEMPORARY TOTAL DISABILITY (TTD)
You may receive 66.66% of your regular wages at the time you were hurt, subject to a statewide maximum reimbursement amount. There are no benefits for the first 7 days of disability, unless you are disabled more than 21 days as determined by the authorized doctor. Some severe injuries may entitle you to 80% of your regular wages for up to 6 months after the accident.
TEMPORARY PARTIAL DISABILITY (TP)
For situations where you can return to work with restrictions, you may be eligible to receive Temporary Partial Disability Benefits if you are unable to earn 80% of the wages you were earning at the time of your accident.
IMPAIRMENT BENEFITS (IB)
If a doctor finds you are at Maximum Medical Improvement, you may be evaluated for possible permanent work restrictions and an impairment rating and will receive money based on that rating.
PERMANENT TOTAL DISABILITY (PTD)
If after reaching Maximum Medical Improvement you are left permanently unable to work, you may receive permanent total disability benefits based on your rating.
WHEN FLORIDA WORKERS’ COMPENSATION CASES ARE DIFFICULT/
OUR TAMPA WORKERS’ COMP LAWYER HELPS CLIENTS WHO FACE AN UPHILL BATTLE
Unfortunately, workers’ compensation claims do not always go as smoothly as one would hope, which is why you may need legal counsel. When you are injured, the reality is that you become an adversary of the employer and insurance carrier. The two have a mutual, joint financial interest in keeping you from receiving your full entitlement to benefits for medical treatment and disability. In fact, it is not uncommon for an employer and insurance company to join together to find means to avoid or minimize an injured worker’s benefits.
Many times, a worker’s benefits are unfairly slashed, reduced or terminated after the insurance-approved doctor says they have reached “maximum medical improvement” (MMI).
Our Tampa workers’ compensation lawyers have seen this type of problem happen time and again. We can explain to you what options you have if a doctor declares you have reached MMI. Sometimes, an employer goes so far as to unlawfully retaliate against a worker for pursuing benefits, or even terminates the injured employee. Our firm has filed many lawsuits seeking justice for clients who are victims of unlawful retaliation and wrongful termination. We seek justice for workers who have been injured, and our team is deeply experienced in all areas of employment law.
OUR WORKERS’ COMP ATTORNEY EXPLAINS AVAILABLE CLAIMS AND COMPENSATION/
WHAT ARE FLORIDA’S WORKERS’ COMPENSATION BENEFITS?
The Florida’s Workers’ Compensation Act (Chapter 440, Fla. Stat.) 3 provides injured workers with many important rights and benefits. For example, you should have automatic entitlement to disability payments to make up for lost income. Workers’ compensation benefits are available to workers on the very first day of employment. You also have the right to free medical care and additional compensation for permanent injury or disfigurement. This is true even if the injury or illness occurred outside of your normal job functions. In addition, if you are an employee who travels to Florida on business for an out-of-state employer, you are entitled to benefits under Chapter 440 if you were injured in Florida.
Even if the injury was your fault, you may still be eligible for workers’ compensation. If a loved one was killed in a workplace accident, dependent spouses and children are also entitled to workers’ comp death benefits.
Be sure you will get the full benefits you deserve. Our attorneys can help you with a wide variety of compensable claims under workers’ comp, some of which you may not be aware that you are entitled to. Get the help of one of our skilled Tampa workers’ compensation attorneys at Feldman Legal Group now. Give us a call at 877-946-8293.
The range of injuries that can be covered by workers’ comp is quite large. If you’re a worker with a serious injury, there is a lot at stake. Those injuries may prevent you from earning much-needed income for months, years, or indefinitely. Our workers’ comp attorneys handle injuries that include:
- Electrocution and electric shock injuries, including serious burns, internal damage and death
- Slip and fall injuries
- Traumatic brain injuries (TBI)
- Quadriplegia and paraplegia and other types of paralysis
- Vision loss and eye injuries
- Hand and arm, finger, leg, foot and toe amputations
- Repetitive stress injuries and trauma
- Chemical injuries and exposure
- Neck/Lower Back/Spinal Cord Injuries that can lead to permanent disability, paralysis and death.
- Occupational Diseases — any chronic disease caused by or due to activities or environmental factors at work.
- On-the-job violence.
You may be entitled benefits for work-related traffic accidents (which may involve employees traveling into Florida for an out-of-state employer) and any chronic condition that develops as a complication of an on-the-job accident. By working with our experienced workers’ compensation attorney, you’ll be sure that you are given payment that reflects the costs you are facing. If you’re unfamiliar with the process, you might be neglecting to pursue compensation you deserve.
WHAT ARE NON-COMPENSABLE INJURIES UNDER FLORIDA WORKERS’ COMP LAWS?
Not all injuries are compensable under Chapter 440. For instance, many people will make statements such as, “My job is very stressful, and it is responsible for my heart attack.” This is not a compensable injury under the workers’ compensation statutes in Florida. Another example of a non-compensable injury is rocking back in your chair and falling down, causing a back or neck injury, or tripping over your own feet and landing on your wrist, causing a fracture. Claims for these and other non-compensable injuries can be rejected by insurance carriers and employers.
PRE-EXISTING CONDITIONS AND YOUR WORKERS’ COMP BENEFITS
Contrary to what your employer or their insurance carrier may be telling you, a pre-existing condition does not make you ineligible for workers’ compensation. Employers take on employees as they are, whether they have suffered past injuries or not. Insurance carriers will often deny claims and benefits citing a pre-existing condition or idiopathic condition. In reality, as long as the work accident is the “major contributing cause” of the need for care and treatment according to the treating physician, then the insurance carrier must treat the injuries or conditions. Aggravations and exacerbation of pre-existing conditions are covered.
HELP FROM A WORKERS’ COMP ATTORNEY WHO KNOWS THE SYSTEM
Workers’ compensation laws are complex, and the efforts by insurance carriers and employers to avoid paying medical costs are many. Rely on our experienced Florida workers’ compensation attorneys at Feldman Legal Group to protect your rights. Contact us for a free initial assessment. We maintain offices in Tampa and Atlanta, enabling us to fight for injured workers anywhere in Florida. For your convenience, we can arrange a meeting at your home, hospital or any public place, or the consultation can be completely handled over the telephone.
WHAT TO DO AFTER A WORKPLACE INJURY/
Injured workers must take appropriate steps to ensure their workers’ compensation claim is as successful as possible. If you have sustained an on-the-job injury, the following actions should be taken:
- Report the injury to your supervisor as soon as possible. Workers’ comp claims must be reported within 30 days of the initial injury.
- Request a notice of injury form (DWC-1)7. This form is provided by your employer, who must fill out the top section and send the form to the insurance carrier.
- Seek immediate medical treatment, even for “minor” injuries. It is important to document your injury and get a diagnosis. Unless it is an emergency situation, you must select an initial physician approved by the insurance company.
- Make a list of witnesses. Witnesses will usually be your coworkers, unless you are involved in a job-related traffic accident. Collect names and contact information, if possible.
- Find out whether the employer has a managed care arrangement (MCA). A workers’ comp MCA means you are limited to a preselected group of medical providers and care facilities.
- Write down everything your employer says to you. Taking down notes after your conversation(s) will help refresh your memory of events that could be important to your case.
- Do not give any recorded statements to the insurance carrier. The insurance representative is trained to elicit comments that could prove detrimental to your case.
- Contact our firm to schedule your free initial assessment. In many cases, it is in your best interest to secure the help of a Florida workers’ comp attorney from the outset.
- Follow the doctor’s orders, including staying off the job. Give your injury due time to heal in order to avoid complications or a chronic condition.
- Do not treat injuries on your own or with private health insurance unless the employer and carrier refuse to provide benefits. It is important to follow strict procedure if you wish to receive workers’ compensation benefits.
- Document your mileage to and from medical appointments. You are entitled to be reimbursed by the insurance carrier for travel expenses related to your injury.
- If you are placed on work restriction by the treating physician, ask whether your employer has any light-duty positions. Your employer should make every effort to accommodate your need for less strenuous work.
WHAT NOT TO DO AFTER SUFFERING A WORKPLACE INJURY/
There are several mistakes you can make that will hurt your chances of getting the benefits you deserve. This is one of the reasons we encourage people to contact us as soon as possible. We help our clients avoid any missteps in the process. Keep in mind the following things…
- DO NOT wait to report your injury or the accident that led to the injury. Delaying the process delays your payment, and it gives your employer and their insurance carrier room to doubt the severity of your injury. Always promptly report an injury and the accident to your supervisor as soon as possible. Submitting the notification in writing is ideal.
- DO NOT forgo medical treatment. Seek immediate medical attention by going to the emergency room and telling them that you suffered a workplace injury. If seeing a doctor outside of the emergency room, you will want to see whether your employer has designated healthcare providers that are covered by their workers’ compensation insurance plan.
- DO NOT ignore the doctor’s orders. You need to be diligent about doing what healthcare providers recommend. This is best for your health, but it also might impact the compensation you are given.
- DO NOT attempt to work if you are still hurt. It’s difficult for some people to sit on the sidelines, but going back to work before you are healthy is a sure-fire way to get injured again. You’ll also stop receiving benefits once you go back to work full-time.
We also encourage you to call the Tampa workers’ compensation attorneys at the Feldman Legal Group as soon as possible. We help our clients make sure that they are in compliance with the law and that they are treated fairly by their employers and their employers’ insurance companies. Call the Feldman Legal Group at 877-946-8293 to get started.
KNOW THE TIMING, PROCESS AND PAYMENTS OF YOUR WORKERS' COMP CLAIM/
FLORIDA’S STRICT STATUTE OF LIMITATIONS FOR A WORK INJURY CLAIM/
Many injuries at work are covered by workers’ compensation and you need only to work within that system. However, there are times when negligent actions on the part of your employer or another party is the cause of your injury. When that happens, you can bring a personal injury claim. By working with our attorney, you’ll have legal expertise on your side. Our team will research the details surrounding your injury and will let you know if your workers’ comp claim can actually be a work injury case. For this reason, it’s important to work with our attorney and contact us as soon as possible. If you end up having a personal injury case, but didn’t pursue that soon enough, your window of opportunity may close. In Florida, there is a strict statute of limitations8 for bringing forward personal injury claims.
After the accident that caused your injuries, you must continue to receive treatment for your injuries or file a petition within two years after the date of your injury. You should identify this date as the time when you knew or should have known that the injury or death arose out of work performed in the course and scope of employment. While the statute of limitations allows you two years, it is not advisable to put off making a claim, as it takes time to properly prepare a successful case.
HOW LONG DOES IT TAKE TO GET WORKERS’ COMPENSATION BENEFITS?/
You typically won’t receive any workers’ compensation benefits for the first seven days of disability. However, there is an exception if a doctor determines that you have been disabled for more than 21 days due to the workplace injury.
WHAT DOES THE WORKERS’ COMPENSATION PROCESS LOOK LIKE?/
After suffering an injury, you should immediately report the incident to your employer. You’ll be given a form that you’ll send to your employer’s insurance company. If your employer has a managed care arrangement, you will visit a doctor specified by your employer. If they determine you are unable to work, you will start receiving payments after a week of being injured.
Of course, every situation is different, so the process may vary from one worker to another. At any point in the process, you should consider contacting our Tampa workers’ compensation attorney to make sure you are getting treated fairly by the insurer and your employer.
The Feldman Legal Group knows this process well. We want to help you get payment promptly and to protect your rights along the way. Call our Florida workers’ compensation attorney today at 877-946-8293.
HOW MUCH MONEY CAN YOU EXPECT FROM A WORKERS’ COMPENSATION CLAIM?/
The amount of compensation you can expect depends on many different factors, including the severity of your injury, your ability – or inability – to do your job, the classification of your disability by a doctor, and your wages at the time of the workplace accident.
If you are unable to work because of your work-related injuries, you will receive 66.66 percent of your current wages. If your injuries are severe, you might be able to receive 80 percent of your current wages. If you are still able to work in a limited capacity, you might be eligible for temporary partial disability. These benefits go to workers who are unable to earn 80 percent of the wages they were earning before they suffered an injury.
Workers’ compensation insurance also covers medical treatment for your injury. Expenses that should be covered include hospitalization, visits to the doctor’s office, tests, rehabilitation or physical therapy, and medications. If your injury is catastrophic and you’ve suffered amputation of a limb, hand, foot, finger or loss of another body part, Florida provides a set figure for compensation specific to each body part. Prosthetics for amputated limbs will also be covered by workers’ comp insurance. You should also be compensated for travel to the doctor’s office and to the location where you get prescription medications.
WHAT IF WORKERS' COMP ISN'T ENOUGH?/
You might find that the injury you’ve suffered is so financially and physically devastating that you worry whether workers’ compensation benefits will be enough to cover your costs. In some cases, workers’ compensation benefits can be waived in favor of another method of seeking payment. In other cases, you might be eligible for other types of disability compensation.
However, it’s important to speak to a workers’ compensation attorney before choosing another path. Circumventing workers’ compensation should be done only after considering all your options and working with an experienced attorney who knows the system. Taking the time to talk to a workers’ compensation attorney will position you to make the right decision for your condition.
Contact the Feldman Legal Group today to speak with Tampa workers’ compensation attorneys you can trust. We want to help you find the best path forward.
GET THE HELP YOU NEED FROM OUR TAMPA WORKERS’ COMP ATTORNEY/
We help employees throughout Florida and Georgia file workers’ comp claims and appeal denials/
To discuss specific information regarding your injury with a dedicated attorney, contact us. With Feldman Legal Group, you’ll find our workers’ compensation attorneys are conveniently located for clients throughout Florida with an office in Tampa and in our additional location in Atlanta. For your convenience, we can arrange a meeting at your home, hospital, or any public place. Or your consultation can be completely handled over the telephone. Call 877-946-8293.
Read More About Workers' Compensation Claims and Your Rights/
Our site is chock full of information on the workers’ compensation claims process and about the Florida workers’ compensation system. Be sure to take advantage of the added resources we have by reading any of the article topics below that apply to you. If you are ready to file a workers’ comp claim or need to appeal a denial of your claim, this added information will help you understand your rights. You can also find helpful details in the comprehensive Workers’ Compensation System Guide9 provided by the Florida Division of Workers’ Compensation.
Confused about your options? Talk to our workers’ compensation attorney for a free assessment of your case.
1 Florida Division of Administrative Hearings. Office of the Judges of Compensation Claims. https://www.jcc.state.fl.us/jcc/
2 Florida Division of Workers’ Compensation. Benefit Calculators. https://www.myfloridacfo.com/Division/WC/employee/calculator.htm
3 Florida’s Workers’ Compensation Act. Chapter 440, Florida Statutes. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440ContentsIndex.html
4 Florida Division of Workers’ Compensation. Medical Benefits. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440ContentsIndex.html
5 Florida Division of Workers’ Compensation. Death Benefits. https://www.myfloridacfo.com/division/wc/employee/benefits/death.htm
6 Florida Statute 440.205. Coercion of employees. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0440/Sections/0440.205.html
7 Florida Statute 440.19. Time bars to filing petitions for benefits. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.19.html
8 Florida Department of Financial Services. Division of Workers’ Compensation. Form DWC-1. First Report of Injury or Illness. https://www.myfloridacfo.com/Division/WC/pdf/DFS-F2-DWC-1.pdf
9 Florida Division of Workers’ Compensation. Workers’ Compensation System Guide. https://www.myfloridacfo.com/Division/WC/pdf/WC-System-Guide.pdf