Tampa Workers’ Compensation Lawyer
Serious workplace injuries occur in many different work environments, ranging from construction sites in downtown Tampa to indoor office spaces. In many cases, the injuries and illnesses that workers suffer while on the job are debilitating – and sometimes lifelong. In addition to incurring high medical bills, injured workers may have to spend a significant amount of time off work, losing considerable income.
Whenever someone suffers an injury or illness while on the job, they likely can recover various workers’ compensation benefits, in addition, depending upon the circumstances, an injured or ill worker may be eligible to file a third-party personal injury claim against an at-fault individual or entity, seeking various monetary damages.
If you suffered an on-the-job injury, you should seek the legal help you need right away. Waiting too long to retain an experienced Tampa workers compensation attorney to represent you may jeopardize your right to recover the monetary benefits and damages you deserve.
Helping Residents of Tampa, Florida, Pursue Monetary Compensation via a Workers’ Compensation or Third-party Personal Injury Claim
A Tampa workers’ compensation attorney at Feldman Law understands the severe nature of workplace accidents and injuries and the overall effects of those injuries on a worker’s life. We can promptly review your unique situation with you and determine your eligibility for recovering both workers’ compensation benefits, as well as personal injury damages in a third-party claim or lawsuit.
We have secured many six and seven-figure settlements for injured workers, including more than $4.7 million for a client who fell from a tree while working as a landscaper. A spinal injury resulted in quadriplegia, and we ensured he had an accessible home, vehicle, and other support as part of the claim.
For a free case evaluation with our Tampa workers’ compensation attorney, please contact Feldman Law today for more information.
Who Can Recover Workers’ Compensation Benefits in Tampa?
To receive workers’ compensation benefits in Florida, an individual must ordinarily be an employee rather than an independent contractor. Sometimes, it is difficult to tell whether a particular worker is an employee versus an independent contractor, but in general, employers usually have significant control over an employee’s time and income. Moreover, an employee generally receives a W-2 form at tax time, while an independent contractor typically receives a 1099 form at tax time. In addition, an independent contractor typically has more autonomy over their work duties and payment.
In addition, workers’ compensation benefits are typically available without regard to how an accident or circumstance occurred – or who caused the accident. Consequently, these benefits are no-fault benefits.
To receive workers’ compensation benefits, a worker must have ordinarily suffered an injury or illness while on the job and while working within the scope of their employment (like an occupational injury or illness). Usually, this means that the worker suffered an injury or illness while they were performing a job duty at work.
In addition, individuals cannot ordinarily pursue workers’ compensation benefits if they suffer injuries in an accident while traveling to or coming home from work, such as in a motor vehicle crash. During these times, an individual is not typically on the job or acting within the scope of their employment.
A Tampa workers’ compensation attorney at Feldman Law can analyze the circumstances of your occurrence and determine if you can file a claim for various workers’ compensation benefits. If you are eligible to pursue one of these claims, we can take the appropriate legal actions on your behalf, including gathering the necessary documentation – including your medical records – to prove your claim. We can then help you recover the total monetary benefits you deserve in your case by communicating with your employer’s insurance company or, if necessary, taking your case to a hearing.
Available Workers’ Compensation Benefits in Florida
The types and amounts of workers’ compensation benefits that an injured or ill worker may recover will vary considerably based on the circumstances of their workplace occurrence. First, an injured worker may be eligible to receive benefits for all of their related medical expenses. In addition, if they had to miss time from work to attend medical appointments and recover from their injuries, they may be eligible to receive a portion of their lost income as part of their workers’ compensation claim.
In addition, an injured or ill worker who suffers a permanent injury may be eligible to receive vocational rehabilitation benefits. These benefits are typically available if a worker suffers severe injuries that prevent them from returning to their former employment or from performing their former job duties. Finally, injured workers may be eligible to receive various types of permanency benefits, depending upon the extent of their injuries.
To receive permanency benefits, a medical provider who performs a permanency evaluation must determine that the worker suffered one or more permanent injuries or illnesses in their workplace. In a nutshell, a permanent injury is one that is unlikely to completely heal, even after significant time. A medical provider must state their opinion regarding permanency to a reasonable degree of medical probability and reduce that opinion to writing.
For example, when it comes to awarding an accident victim permanent partial disability (PPD) benefits, the parties can either agree on a percentage impairment or take their case to a hearing for a determination. The final permanency percentage translates into a certain number of weeks of monetary compensation.
A Tampa workers’ compensation attorney at Feldman Law can maximize the workers’ compensation benefits you are entitled to recover and, if necessary, take your case to a hearing for a determination on permanency.
Common Workplace Occurrences that Lead to Workers’ Compensation Claims
Accidents and injuries on a job site are, unfortunately, all too common in the Tampa region. Individuals who work on construction and building projects Tampa, including high-rise condominiums, apartment complexes, and other building projects, are especially susceptible to injuries, given their close proximity to heavy and dangerous machinery.
However, office workers may also suffer serious accidents that lead to ongoing injuries and medical complications.
Some of the most common accidents and occurrences that may lead to a successful workers’ compensation claim in Tampa include:
- Slip and fall accidents when an individual works on a piece of construction equipment, at a job site, or in an office setting
- Motor vehicle accidents when a worker operates a vehicle while on the job
- Accidents that result from defective products that malfunction or explode, causing a worker to suffer serious burn injuries
- Explosions on a job site, leading to various injuries
- Exposure to harmful chemicals on a job site that caused a worker to suffer an injury or illness
- Crush accidents when a heavy piece of machinery or other equipment runs over a worker at a job site
- Fall injuries, such as when a worker falls through a roof or falls to the ground from a large piece of scaffolding or high ladder
If you suffered injuries in any of these types of workplace accidents, you should take legal action right away. Our Tampa workers’ compensation attorney at Feldman Law can review your circumstances with you and explore all of your potential legal options. Depending upon the circumstances, those options may include filing a workers’ compensation claim for various benefits, as well as a third-party claim against an at-fault person or individual.
Typical on the Job Injuries and Illnesses
Sometimes, workplace accidents happen when another person or entity behaves in a negligent manner under the circumstances. However, at other times, these accidents happen entirely out of the blue and whenever a worker least expects them. Fortunately, workers’ compensation claims are no-fault-based claims and are available without regard to fault.
The potential injuries a worker might suffer while on the job are extremely case-specific, and common injuries include:
- Crush injuries
- Traumatic head and brain damage
- Soft tissue contusions, including whiplash
- Rib fractures
- Broken bones
- Shoulder injuries
- Knee injuries
- Hip injuries
- Full and partial paralysis injuries
- Spinal cord damage
- Internal organ damage
- Carpal tunnel syndrome from repetitive movement all the job, such as frequent typing
- Asthma and other breathing difficulties that result from prolonged exposure to harmful chemicals at a job site
If you have suffered any of these medical complications due to a workplace accident or injury, you have legal options available. The skilled team of Tampa workers’ compensation attorneys at Feldman Law can determine your eligibility for filing a workers’ compensation and/or a third-party claim arising from your circumstances.
If you are eligible to take legal action, we can take all of the necessary steps on your behalf, including filing the claim and communicating with insurance company adjusters, both orally and in writing. We can then help you recover the full benefits you need and deserve for your workplace illness or injury.
Eligibility to File a Third-party Claim Arising from a Workplace Occurrence
In some instances, injured victims of workplace occurrences are eligible to file a third-party personal injury claim in addition to their claim for workers’ compensation benefits. Third-party personal injury claims revolve around the legal concept of negligence. Therefore, to prevail in one of these claims, you must show that another person or individual behaved in a negligent, reckless, or careless manner under the circumstances.
Although injured workers may not sue their employer following a workplace accident, they may be eligible to pursue a claim or lawsuit against another at-fault person or entity.
Potentially responsible parties may include:
- Product manufacturers who defectively designed or assembled a piece of machinery or equipment that malfunctioned on a job site, causing a worker to suffer serious injuries
- Motor vehicle operators who caused an accident that led to severe and permanent injuries (including where the accident victim’s total medical costs and related damages exceeded the limits of their PIP coverage)
- Project managers or supervisors who failed to properly maintain the construction site or supervise individuals working at that construction site
To legally demonstrate that another individual or entity behaved negligently under the circumstances, you must successfully establish several legal elements. First, you must prove that the at-fault individual or entity owed you a legal duty of care that they subsequently violated – or breached. Next, you must show that this violation subsequently caused the accident that led to your injuries and other damages.
Often, an accident victim’s attorney will need to retain an expert, such as a medical expert, to prove the legal elements of their personal injury claim or lawsuit. For example, a medical expert can establish the causal connection between the workplace accident and the claimed injury or injuries.
The skilled workers’ compensation attorneys in Tampa at Feldman Law can help you prove the legal elements of your claim or lawsuit, handle settlement negotiations with insurance company representatives, and pursue the full monetary damages you deserve to recover in your case.
Recoverable Third-party Damages in a Related Personal Injury Case
In addition to recovering workers’ compensation benefits following a workplace accident, victims can also recover third-party damages as part of a personal injury claim or lawsuit.
Monetary damages include compensation for:
- Future anticipated lost income or medical costs
- Emotional anguish and mental distress
- Loss of the ability to use a body part
- Loss of spousal companionship
- Loss of enjoyment of life
- Emotional anguish
- Past and future inconvenience, pain, and suffering
Our legal team can explore your eligibility to file a third-party claim or lawsuit and help you maximize the total damages you recover in your case.
Call an Experienced Workers’ Compensation Lawyer in Tampa About Your Legal Matter Today
If you suffered injuries and other losses in a workplace accident, you are not alone. At Feldman Law, our skilled legal team can help you recover the monetary damages you deserve through the Workers’ Compensation System or the Florida court system, depending on your unique circumstances.
For a free case evaluation and legal consultation with a knowledgeable Tampa workers’ compensation attorney, please call us at (877) FELDMAN or contact us online today to learn more.