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.
WHY CHOOSE OUR TAMPA WORKERS’ COMPENSATION ATTORNEY/
THE DECK CAN BE STACKED AGAINST YOU WITHOUT SKILLED LEGAL REPRESENTATION/
Our workers’ comp attorneys know that workers’ comp benefits are too often disputed or denied to injured workers. The system is intended to provide medical, rehabilitation and income benefits for workplace-related injuries, but insurance companies and employers can resist paying what a worker is rightfully owed. Workers’ comp is insurance, with premiums paid by employers. Because premiums go up when benefits are paid out, employers often try to avoid paying out claims. Workers’ compensation insurance companies are interested in profit and their bottom line, so they want to pay as little as possible. They have high-powered lawyers on their side, working to deny or dispute benefits whenever possible. In addition, Florida rules and procedures for getting workers’ comp are complicated. Making mistakes in filing your claim or saying or doing the wrong thing can result in your claim being rejected.
Fortunately, you do not have to deal with insurance companies and fight for a workers’ comp settlement alone. If you’ve been injured on the job, our workers’ compensation attorney in Tampa will ensure all your paperwork is filed correctly. Should your employer or the insurer resist paying your claim, count on our attorney to aggressively represent your interests.
WHY YOU NEED OUR FLORIDA WORKERS’ COMPENSATION LAWYER/
At Feldman Legal Group, we get justice for workers and can help you get the benefits you deserve.
When you work with our Florida workers’ compensation lawyer, you gain outstanding support for what you are facing. You also get benefits such as:
- Our 25 years of experience that you can count on to help you through even the most challenging of experiences.
- Our client testimonials Illustrate how dedicated we are to helping each client with a customized legal plan to get them the compensation they are owed.
- We get results. We have helped clients recover millions of dollars in losses that they may not have otherwise received.
Don’t wait until you run into a problem with your claim to get legal representation. You should concentrate on healing from your injury rather than worrying about if and how you’ll get benefits. Contact our workers’ compensation lawyer today at 877-946-8293. Let us provide you with exceptional service as you go through this difficult time.
Workers’ Compensation Client Testimonial
“Mr Feldman took my case when no other attorney would handle it. He is very professional, knowledgeable, and compassionate. He took the time to answer questions that I had and to explain Florida law to me. I would highly recommend Mr Feldman and his staff. The settlement that I received after my case settled has helped me extremely in getting my life back to normal. Thank you Mr Feldman!!”
~ Debra Parent (Google Review)
HOW OUR TAMPA WORKERS’ COMPENSATION LAWYER CAN HELP YOU GET BENEFITS/
FIGHTING INSURANCE COMPANIES REQUIRES KNOWLEDGE OF THE SYSTEM AND THE TACTICS EMPLOYERS AND INSURANCE COMPANIES USE.
Sometimes what should be straightforward can end up becoming complex. This can be the case with workers’ compensation. For some, the process of filing a claim and receiving benefits is simple. For others, the process involves numerous steps, and workers’ comp claims can be denied. What was first designed as a hassle-free way for workers to get compensated when they become ill or are injured on the job has become difficult to traverse for most who don’t have legal experience. As a result, these critically important benefit claims are often denied.
Denial of benefits to Florida workers leaves those struggling with illness or injury as a result of their job in a place of potential financial crisis. Then, they face the option of appealing that denial, but they may not know where to start. Our attorneys at Feldman Legal Group are highly experienced with Florida workers’ compensation cases and can guide you through the process to ensure you get the full benefits you deserve. If you find you need to appeal a denial, you’ll be glad you have our team on your side to advocate on your behalf.
To help you get benefits, our workers’ compensation attorney in Tampa can:
- Make sure you know what to say and do after you are injured to meet Florida requirements to receive workers’ comp benefits
- Keep you informed about the process of filing your claim so you don’t hurt your potential to receive benefits
- Make sure all forms are filled out correctly in a timely manner and according to Florida law
- Investigate how your injury happened, interviewing witnesses and gathering evidence to help prove your workers’ comp claim
- Obtain all relevant work and medical records
- Negotiate with insurance companies
- Represent you at any hearings
- Guide you through the appeals process if your workers’ comp claim is denied
- File a lawsuit in cases where it is appropriate, particularly if a negligent party is at fault for your injury at work.
WHEN EXPERIENCE MAKES THE DIFFERENCE
Managing attorney Mitchell Feldman has argued dozens of cases before judges of compensation claims throughout the State of Florida and has amassed an excellent, winning trial record. He has handled thousands of workers’ compensation cases dating back to 1996 and knows the complex legal framework that governs these claims.
His many years of experience defending insurance companies before the Office of the Judges of Compensation Claims1 in multiple geographic regions gives him valuable insight into the workers’ compensation system. He also has a thorough understanding of the tactics insurance companies use to minimize benefits.
At Feldman Legal Group, we know the judges, the physicians and the attorneys routinely involved in Florida workers’ comp cases, and we know how their involvement can affect the outcome of a case. When you work with our attorneys, you can rely on our experience and knowledge of the law and the workers’ compensation system in Florida.
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.
WAIVING WORKERS’ COMPENSATION/
It is important to understand that accepting workers’ compensation benefits will limit your rights to other legal remedies against a negligent employer. A personal injury claim can include compensation for general damages and pain and suffering, whereas a workers’ comp claim cannot. Our workers’ compensation lawyers in Tampa are skilled at analyzing whether it is best for you to waive your workers’ comp claim and seek recovery for negligence in civil court.
We can also help you determine whether you should also pursue a negligent third-party case. The Feldman Legal Group legal team explores third-party lawsuits against machinery manufacturers, jobsite subcontractors, property owners or other parties whose negligence may have contributed to a serious job-related injury or death.
You might not know for sure what course of action is best for your situation. That is completely okay. The Feldman Legal Group is here to help you better understand your options. Contact our Tampa workers’ compensation attorneys today by calling 877-946-8293.
APPEALING WORKERS’ COMPENSATION DECISIONS/
Florida workers’ compensation laws and the process of obtaining benefits can be complicated and frustrating. In many cases, workers’ compensation claims are initially denied. If your claim is denied, you have a limited time to appeal the decision. Our workers’ comp attorneys can help you successfully maneuver through the complex bureaucratic process of appealing to the Florida Workers’ Compensation Board. We will help you from the filing of your initial petition for benefits through the decision of a workers’ comp judge at the District Court level. You want to position yourself well to ensure you get the best chance possible to win your appeal. Insurers, and even employers, know how to leverage the system to their benefit. When you have our Tampa workers’ comp attorney at your side, you’ll know you enter the appeals process with a seasoned legal professional.
SKILLED WORKERS' COMP LAWYERS FOCUSED ON PROTECTING YOU/
Only experienced workers’ compensation lawyers put you in a position to obtain the best possible recovery or financial settlement for your injuries. Unlike other firms who push their clients to take a quick and easy (low ball) settlement, the Feldman Legal Group is always willing to take your case to court. We don’t back down from any employer or insurance carrier. Our attorneys have fought national, big-name insurance companies for years, working to obtain the full workers’ compensation benefits our clients are entitled to receive.
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.
SOURCES/
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
