Petersburg Workers’ Compensation Lawyer
St. Petersburg, Florida, always has ongoing numerous construction and development projects – especially in the downtown. Construction companies and developers regularly employ many individuals, including laborers, welders, plumbers, contractors, and others, on their job sites.
When these workers suffer serious injuries, they may need to remain out of work for a significant amount of time. They may also incur substantial medical expenses. When that happens, an injured worker may be eligible to pursue benefits through the Florida workers’ compensation system.
Workers’ compensation benefits are not limited to just construction workers and builders. Anyone who suffers an injury on the job and during the scope of their employment may be eligible for these benefits – including office workers. In addition, an injured worker may be eligible to file a third-party personal injury claim, in addition to their workers’ compensation claim, seeking various monetary damages.
If you suffered an occupational injury or illness at your workplace, your top priority should be seeking the medical treatment you need. Next, consult an experienced St. Petersburg workers’ compensation attorney from Feldman Law as quickly as possible.
You Can Count on Feldman Law
Feldman Law has successfully handled many workers’ compensation and injury claims for injured workers in Florida.
Some of our successes include:
- $4.7 million for a paralyzed landscaper following a fall
- $2.4 million for a spinal injury from a vehicle crash on the clock
- $1.4 million for back injuries from lifting crates
- $800,000 for serious injuries due to a fall from a ladder
- $768,700 for back injuries and a later amputation due to a fall
- $500,000 for lower back injuries requiring surgery due to work duties
The skilled legal legal team at Feldman Law understands the severe complications of debilitating workplace injuries and illnesses. Our legal team can promptly investigate your circumstances and determine if you can file a workers’ compensation claim or a third-party claim for damages.
If you have the right to take legal action, we can handle all the necessary steps for you, including gathering relevant documentation and submitting a claim to your employer’s insurance company. We can then help you recover the workers’ compensation benefits you deserve.
After concluding your workers’ compensation claim, we can file a third-party claim on your behalf if you are eligible. If the at-fault party’s insurance company subsequently refuses to make a reasonable settlement offer in your case, we can file a lawsuit in the court system and litigate your case to a successful and efficient resolution.
For a free case evaluation and legal consultation with a knowledgeable Saint Petersburg workers’ compensation lawyer, please contact us today for more information.
On-the-Job Accidents and Injuries in St. Petersburg
Workplace accidents and injuries are often unexpected, and workers may be unable to brace themselves ahead of time. The types of accidents and injuries that an individual may experience at work depend significantly on their work location, the types of work duties they must perform, and their proximity to dangerous equipment and machinery on a job site.
Common accidents that may occur while on the job include:
- Motor vehicle accidents, where an individual suffers injuries as the driver or passenger in a work vehicle
- Slip and fall accidents, where a worker falls on the premises and suffers serious injuries
- Falls from high scaffolding, ladders, or rooftops
- Crush accidents, where a heavy piece of machinery or equipment rolls over a worker, causing severe injuries
- Explosions that lead to severe burn injuries
- Chemical spills that occur at a job site
- Equipment malfunctions that occur when a worker is operating a piece of machinery
In any of these occurrences, a worker may suffer severe and debilitating injuries requiring prompt medical attention.
Those injuries may include, but are not limited to:
- Broken bones, including knee caps, shoulders, or hips
- Traumatic head and brain injuries
- Internal organ damage
- Spinal cord injuries
- Full and partial paralysis injuries
- Road rash injuries
- Soft tissue contusions
- Carpal Tunnel Syndrome, resulting from prolonged repetitive movements, such as typing
- Asthma and other breathing difficulties as a result of exposure to harmful chemicals on a job site
- Crush injuries that caused damage to bodily organs
If you suffered an injury or illness in a recent workplace occurrence, you should seek prompt medical treatment right away. In Florida, an employer can decide on the medical provider with whom you treat your injuries. This is because employers, through their insurance companies, are responsible for providing the necessary workers’ compensation benefits to injured workers. In any case, you should seek prompt medical care for all of your accident-related injuries. Otherwise, the insurance company may become skeptical and question the validity of your injuries and your entire workers’ compensation claim.
In addition to seeking prompt medical treatment for your occupational injury or illness, you should immediately touch base with a skilled St. Petersburg workers’ compensation attorney. At Feldman Law, our legal team can immediately begin to gather the necessary documents in preparation for filing your workers’ compensation claim. We can then help you pursue the benefits you deserve and attend all legal hearings on your behalf.
Eligibility to File a Workers’ Compensation Claim for Benefits
The qualifications for filing a workers’ compensation claim in Florida are relatively straightforward. First, to file a valid claim, you must have suffered your injury while working at your job and while working within the scope of your employment – or while performing a job duty. In some situations, the illness or injury does not appear immediately. Instead, it may take several weeks or even months before the injury or illness fully develops. In those situations, a worker can still bring a claim for workers’ compensation benefits.
Workers’ compensation benefits are available without regard to fault. Therefore, it does not matter how your accident occurred or who caused it. You may still be eligible to recover workers’ compensation benefits if you suffered your injury while on the job and during your employment.
In addition, to file a valid workers’ compensation claim, the injured worker must ordinarily be an employee rather than an independent contractor. Employees receive a W-2 form at tax time and are usually subject to strict control by their employers, especially in terms of their hours and income. Independent contractors, on the other hand, have significantly more freedom with respect to their work, and they receive a Form-1099 at income tax time rather than a W-2.
The experienced Saint Petersburg workers’ compensation lawyers at Feldman Law can determine your eligibility for filing a workers’ compensation claim. If you are eligible to move forward, we can gather the necessary documents and file the claim promptly on your behalf.
Potential Workers’ Compensation Benefits
Since every workplace occurrence is different, not all victims will be eligible to recover the same types and amounts of workers’ compensation benefits. The total monetary benefits that an injured or ill worker recovers will typically depend upon the circumstances surrounding the workplace occurrence, as well as the specific injury or illness that the worker suffered.
First, workers may be eligible to recover monetary compensation for their related medical expenses, including surgical procedures, doctor appointments, and physical therapy costs. They may also be eligible to recover a portion of their lost earnings. If they suffer a severe injury that prevents them from working at the same job or in the same capacity, they may be eligible to recover vocational rehabilitation benefits.
Finally, if they sustain a permanent injury or illness that is unlikely to get better over time, they can recover various permanency benefits, including benefits for permanent partial disability (PPD).
To recover PPD benefits, an injured worker will typically need to undergo one or more permanency evaluations from a qualified medical provider. The doctor will examine the worker and determine the extent of their physical impairment, which they will usually express in terms of a percentage. This percentage will then translate into a certain number of weeks of monetary compensation.
An employer’s insurance company might also offer a lump sum settlement in a workers’ compensation case. In some scenarios, a lump sum offer is worth accepting, while at other times, it is not advantageous to accept such an offer. The insurance company may not offer sufficient compensation but rather may only be interested in closing their file. Moreover, if you accept a lump sum settlement offer, your workers’ conversation case will close, and you cannot reopen it – even if your medical condition worsens over time and you require additional treatment. In that instance, you will likely need to pay for the additional treatment out-of-pocket.
The experienced St. Petersburg workers’ compensation attorneys at Feldman Law will do everything possible to help you maximize your total benefits. We can also help you decide whether you should accept a lump sum settlement offer from the insurance company or take your case to a hearing.
Possible Third-party Personal Injury Claims
Following a workplace accident, you may also be eligible to file a third-party claim – or a lawsuit – against an at-fault person or individual other than your employer or their insurance company. This is because many workplace accidents result from the negligence of others. For example, an accident may occur when another driver violates a traffic law and causes a serious accident while you are a driver or passenger in a work vehicle.
Similarly, a site supervisor, such as a project manager or contractor, might fail to properly supervise workers on a job site – or the premises themselves – causing a slip and fall accident. Finally, a machine or equipment manufacturer might fail to maintain, repair, or replace equipment at the proper time, causing it to malfunction on a job site and injure a worker.
Our experienced legal team can help you determine whether you are eligible to file a third-party personal injury claim or lawsuit arising from your workplace accident. If you qualify to file a claim, you will need to satisfy various legal elements of proof to recover monetary damages for your injuries. First, you must show that the other party violated a legal duty of care that they owed you. Next, you must demonstrate that as a direct result of this negligence, the accident occurred and led to your injuries.
Workplace accident victims who suffer an injury or illness may be eligible to receive additional damages on top of their workers’ compensation benefits. However, insurance companies are often skeptical of comp/third-party claims and may be less willing to offer additional monetary damages – especially if you already received significant monetary compensation through the workers’ compensation system.
Other damages that you can recover in a personal injury claim or a lawsuit in the court system can include:
- Compensation for future lost earnings
- Compensation for additional medical costs
- Compensation for all of your past and future pain, suffering, and inconvenience
- Monetary damages for your mental anguish and emotional distress
- Compensation for loss of the ability to use a body part
- Compensation for loss of spousal consortium
- Compensation for loss of enjoyment of life
The skilled workers’ compensation attorneys in St. Petersburg at Feldman Law can help you file a third-party personal injury claim if you are eligible. We can then handle all settlement negotiations with insurance company adjusters on your behalf and work to secure favorable third-party damages in your case. If the insurance company does not offer you the additional monetary damages you deserve, over and above your workers’ compensation benefits, we can file a lawsuit and litigate your case in court.
Talk with a Knowledgeable St. Petersburg Workers’ Compensation Lawyer Today
If you suffered an injury or illness at your workplace, time is of the essence. The longer you wait to retain skilled legal counsel to represent you in your case, the lower your likelihood of recovering favorable workers’ compensation benefits and third-party damages.
The skilled legal team at Feldman Law can assist you with every aspect of your claim and help you secure the favorable monetary benefits and third-party damages you deserve. For a free case evaluation and legal consultation with a knowledgeable Saint Petersburg workers’ compensation attorney, please call us at (877) FELDMAN or contact us online today.