Were you or a loved one hurt at work in Tampa, FL? An experienced Tampa workers’ compensation lawyer can protect your legal rights. You may be entitled to compensation for medical bills, loss of income, and more. Our team at Mincone Personal Injury Lawyers is here to stand up to the insurance companies and fight for a fair settlement on your behalf. Call us today at (813) 430-3338.
When you choose our law firm, you benefit from a team with over 15 years of legal experience. We’ve already recovered millions of dollars and are prepared to help you get a favorable result, too.
Don’t wait to take legal action. Contact our Tampa, FL, law office to schedule a free consultation today.
How Mincone Personal Injury Lawyers Can Help With My Workers’ Compensation Claim in Tampa
You may be wondering why it’s so difficult to get workers’ compensation benefits for your workplace accident in Tampa, Florida.
While the system should be straightforward, it’s fairly complicated. Even though your employer and their insurance company understand the law, they may be reluctant to explain your rights under workers’ compensation. You deserve an experienced Tampa workers’ compensation attorney who can help you navigate the system.
When you hire Mincone Personal Injury Lawyers, you’ll have an experienced attorney who will:
- Explain your legal options and rights
- Ensure that you’re receiving the compensation you deserve
- Handle the paperwork and claims process
- Protect you if your claim is denied or challenged
- Represent you at all hearings
- Negotiate with the insurance company
- Determine whether you have the right to file a personal injury lawsuit
If you were injured on the job, you have options. Call our Tampa personal injury lawyers to learn more about your legal right to workers’ compensation. Your initial consultation is free.
How Common Are Work-Related Accidents in Florida?
Workplace injuries are extremely common. According to the U.S. Bureau of Labor Statistics, about 2.8 million nonfatal workplace injuries were reported nationwide in 2022. In total, 307 workers in Florida were killed on the job that year.
Overview of Florida’s Workers’ Compensation Laws
Workers’ compensation provides assistance to employees who have been injured on the job.
You’re likely covered by workers’ compensation if:
- You are an employee in the construction industry, even if your employer has only one employee
- You are a non-construction industry employee, and your employer has at least four employees
- You work in agriculture, and your employer has at least six regular employees
You qualify for benefits if you have suffered a work-related injury during the course of your employment. You don’t have to prove negligence or fault to recover damages. In exchange for workers’ compensation benefits, you must forfeit your right to sue your employer.
How Much is My Tampa Workers’ Compensation Case Worth?
That requires evaluating the unique losses you have experienced due to your injuries.
Your workers’ compensation claim value depends primarily on:
- Your wages prior to the disability
- How much time you have missed at work
- Whether you can perform any light-duty work
- Whether you have a diminished earning capacity even after you have reached maximum medical improvement (MMI)
- The identity of the at-fault party
You’ll receive about 66 ⅔ of your average weekly wages prior to the disability. However, workers’ compensation benefits are capped by state law. In 2024, the most you can receive per week is $1,260.
What Types of Benefits Does Workers’ Compensation Provide?
In Florida, workers’ compensation provides the following types of benefits:
- Medical expense benefits
- Disability benefits
- Death benefits
These benefits are intended to provide efficient assistance to injured workers without establishing liability.
Workers’ Comp Medical Benefits
All of your reasonable and necessary medical benefits should be covered by workers’ compensation.
Those benefits include:
- Hospitalization
- Doctor’s visits
- Visits with specialists when needed
- Physical therapy
- Prescription drugs
- Medical tests
- Prostheses
- Attendant care
- Transportation costs for doctor’s visits
It’s important that you see a doctor that has been authorized by your employer and the insurance company. In an emergency, you can visit any emergency room, but you should tell the doctor that you were injured on the job. Give them your employer’s contact information, and they will make sure your treatment is covered by your employer’s workers’ compensation policy.
Disability Benefits
Workers’ compensation also provides wage replacement benefits for injured workers if they have missed more than seven days at work due to their injury.
Your benefits depend on the nature of your injury, and might include:
- Temporary Total Disability Benefits: if you cannot work during your recovery
- Temporary Partial Disability Benefits: if you’re able to perform restricted duties
- Impairment Income Benefits: if you’ve reached MMI and are facing permanent work restrictions
- Permanent Total Disability Benefits: if you can never work again
You can typically receive temporary disability benefits for up to 104 weeks. At that point, if you remain impaired, your ongoing benefits will depend on your impairment rating. This rating determines your level of disability and is assigned by a doctor.
Death Benefits
Survivors of fatal work injury victims can receive up to $150,000 in benefits, including $7,500 for funeral expenses. Surviving spouses are also entitled to seek educational benefits to help them become self-supporting.
Can I Ever Sue My Employer After a Workplace Injury in Tampa?
In general, you can’t sue your employer for damages. Limited exceptions might exist if your employer intentionally harmed you or does not have workers’ compensation coverage.
You can, however, sue negligent third parties for damages, including:
- Medical bills
- Lost wages
- Lost future earning potential
- Rehabilitation
- Property damage
- Out-of-pocket expenses
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Disfigurement
- Loss of consortium
For example, if you were injured in a car accident while on the job, you retain your right to seek compensation from the negligent driver. You may also have a valid personal injury claim against a negligent third-party property owner or the manufacturer of defective work equipment.
Can I Receive Workers’ Compensation if I Share Blame for Causing My Own Injuries in Florida?
Workers’ compensation is a no-fault system. You can receive benefits even if you are responsible for your injuries. However, your claim may be denied if your injuries weren’t work-related.
If you do have a valid personal injury claim in addition to workers’ comp, your award can be reduced by your share of fault. Under Florida law, you will lose your right to damages in personal injury cases if your share of the fault exceeds 50%.
Our Attorneys in Tampa Handle All Types of Workplace Injury Cases
Workplace injuries can arise in any field.
At Mincone Personal Injury Lawyers, we often represent injured workers in cases involving:
- Scaffolding accidents
- Construction accidents
- Agricultural accidents
- Motor vehicle accidents
- Truck accidents
- Electrical accidents
- Accidents involving cranes, forklifts, and heavy machinery
- Landscaping accidents
- Fires and explosions
- Accidents in restaurants and bars
- Accidents in the hotel industry
- Welding accidents
- Manufacturing accidents
- Fishing boat accidents
If you were injured at work, contact our law firm in Tampa today. We have the skills to help you get the full amount of compensation you deserve.
How Much Does it Cost to Hire a Workers’ Compensation Lawyer in Florida?
Like most personal injury firms, we work on a contingency fee basis. You’ll pay a set percentage of your compensation award rather than an upfront fee or hourly rate. If we don’t recover compensation for you, you won’t owe us anything.
Representing Clients Who Are Struggling With All Types of Work-Related Injuries in Tampa
Workers’ compensation claims can arise from a variety of different work-related injuries.
At Mincone Personal Injury Lawyers, we represent clients in any type of injury case, including those involving:
- Broken bones
- Concussions
- Neck injuries
- Shoulder injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Severe lacerations
- Hearing damage
- Eye and facial injuries
- Internal bleeding
- Organ damage
- Burns
- Amputations
- Paralysis
- Catastrophic injuries
- Wrongful death of a loved one
Workplace injuries can have an extreme impact on your health and quality of life. If you were injured on the job, reach out to our lawyers in Tampa for a free case review today.
What Are the Most Common Causes of Workplace Injuries in Tampa?
Workplace injuries can happen for all different reasons, including:
- Inadequate training or supervision
- Missing safety equipment
- Lack of fall protection
- Communication failures
- Dangerous property conditions
- Improperly maintained work equipment
- Ignoring state and federal safety regulations
- Exposure to toxic materials
Establishing the cause of your accident is important. Even though workers’ comp is a no-fault system, you must prove that your injuries were work-related. You may also have rights under Florida personal injury laws.
How Long Do I Have to File a Claim for Workers’ Compensation Benefits After a Workplace Accident in Florida?
Notify your employer about the injury immediately but no later than 30 days after an accident. Your claim could be denied if you don’t report your injury within 30 days.
Contact an Experienced Tampa Workers’ Compensation Lawyer for a Free Consultation
Do you have questions about your legal options after a workplace injury? Call one of our Tampa workers’ compensation lawyers at Mincone Personal Injury Lawyers today. We know how to help you get the compensation you deserve.
