​Tampa Workers’ Compensation Attorneys

The Workers’ Compensation Claim Process in Tampa

Following an on-the-job injury or work-related illness, you must move quickly to report your injury and file a claim. In an emergency, head to the closest ER if your employer does not have a preferred medical facility. Doing everything correctly from the start is essential to avoiding problems or having your benefits denied.

If you believe you have a worker’s comp claim, don’t deal with navigating the tricky claims system on your own. Our Tampa workers’ compensation lawyers can evaluate your case and do everything correctly and according to the law.

To improve your chances of success with your workers’ compensation case follow this process:

Provide Notice: You should verify whether your employer carries workers’ compensation insurance. Under Florida law, you must report a job-related injury to your employer within 30 days of the accident. Your employer has seven days from the time of your accident to make an official report to the insurance company.

If your employer fails to report the incident or does not provide you with a telephone number to contact your insurer, you’ll need to get in touch with a Tampa workers’ comp attorney. We can contact the Florida State Division of Workers’ Compensation hotline for you.

File a Claim: Having a detailed report of the incident is essential to your claim. Our Tampa workers’ compensation lawyers can gather and analyze pertinent information in your case and file your claim for benefits with supporting evidence on time.

Assess the Injury: In determining the severity of your work-related injuries, you must seek a medical evaluation from a doctor that your employer or their insurance company approves. Only approved doctors are eligible for payment through the state worker’s compensation system. You can receive a second opinion from a physician of your choosing after the initial medical assessment. In deciding the amount of your benefit award, the insurance company will consider both evaluations.

Evaluation by the Insurance Company: Once a medical professional properly evaluates and documents the extent of your injury or illness, your employer’s insurance company will review your claim and medical evaluation report.

The insurance company will use these evaluations and other pieces of key evidence in your case to determine the types of benefits you may be eligible to recover.

Re-Evaluation Process: If the insurance company undervalues your claim, your attorney can negotiate with the insurer. If negotiations prove unsuccessful, you may consider appealing the decision. An attorney can file your claim properly and set you up for success.

Tampa Workers’ Compensation Benefits

After an injury, several difficulties may arise. If you were in a severe accident, you might not return to work for some time or require surgery. Workers’ compensation is a benefit system that allows injured workers to recover compensation to cover rehabilitation costs or expenses for medical treatment.

A worker who has a work-related injury or illness may also recover compensation for lost wages and any travel costs associated with attending appointments for anything related to your injuries.

In a worker’s compensation claim, you should expect to receive the following benefits:

• Compensation for cost of medical treatments and other injury-related expenses
• Payment for lost wages or loss of earning capacity
• Payment for partial or total impairment
• Reemployment services
• Death benefits

The worker’s compensation system is complicated, and unfair outcomes can harm sick or injured workers. An employer may even discourage an injured worker from claiming benefits in some cases. If you have serious injuries from a work accident, don’t hesitate to reach out to one of our workers’ compensation lawyers to learn about how we can handle your claim.

The Difference Between Worker’s Compensation and Personal Injury Claims

Through a worker’s comp claim, an employee may receive financial recovery for costs related to a work injury. The employee should be eligible to receive monetary support if they sustained a work-related injury – regardless of who was at fault for the accident. There is no need for the claimant to prove the cause of the injury or that their employer did something wrong. Instead, they should be eligible for benefits without fault-based considerations.

As an exchange for no-fault benefits, an injured employee cannot sue their employer, even if the employer was negligent. In cases where an employer’s intentional act caused an injury, however, you may still file a lawsuit, but these cases are rare. Your attorney can advise you of your options.

This does not mean that workers never file injury lawsuits, but to do so, they must have evidence of a third party’s negligence. A defendant in a personal injury claim might be a manufacturer of a defective product or equipment. If the plaintiff can prove that the third party owed them a duty of care, breached this duty, and that their misconduct resulted in the accident, they may receive additional compensation for costs related to their injuries.

While proving a personal injury claim may be more complex than simply filing a worker’s compensation claim, the former often results in a larger award. Through a personal injury lawsuit, you can receive compensation for all past and future medical bills, lost wages, and even lost earning capacity if you’ve sustained a permanent disability.

Additionally, in a personal injury claim, you are entitled to recover damages for the emotional pain and suffering you endured after the accident. In some cases, where the defendant’s conduct is especially negligent or reckless, the court may award punitive or exemplary damages to the plaintiff.

Always have a workers’ comp attorney review whether a third-party injury claim is available in your case to maximize your compensation.

Types of Workplace Accidents Cases We Handle

The workplace can be dangerous, hosting numerous opportunities for employee injury, and anything from loose carpeting to fault scaffolding can cause a serious accident. Our attorneys handle claims involving workplace injuries.

Some of the most common work-related injuries include:

• Slip and fall accidents
• Construction accidents
• Exposure to harmful toxins or chemicals
• Transportation accidents
• Fire or explosion accident
• Violence committed by a person or animal

Our Tampa worker’s compensation lawyers can handle claims for workplace accidents that caused you serious illnesses or injuries. Whether you have a claim will depend on the specifics of your injury. Consult us after any accident to determine if you may seek benefits for your physical injuries and losses.

Tampa Workers’ Compensation FAQs ​

Can I lose my health insurance while on workers’ comp?

Filing a workers’ compensation claim should have no immediate impact on your health insurance. Compensation benefits for a work-related injury come from your employer’s workers’ compensation insurance, and they have nothing to do with the health insurance provided to you either through your employer or some other agency. If your employer terminates your employment while you are still receiving benefits, it might affect your health coverage.​

Why should I hire an attorney to help me file a workers’ comp claim?

There are a lot of confusing aspects to workers’ compensation, which is why hiring a lawyer who understands the complex claims process can help you recover the maximum amount of benefits you’re entitled to in your claim. Consulting with an attorney can be beneficial, especially in complex cases that cannot resolve through a claim administrator.

A dedicated Tampa workers’ compensation lawyer can help protect your rights by:

• Explaining and guiding you through the claims process
• Obtaining necessary evidence and resources to support your claim
• Speaking with your employer or their insurance company on your behalf
• File your claim for benefits ​

After filing a workers’ compensation claim, will I have to go to court?

Whether you will be required to go to court for your workers’ compensation claim depends on how far your claim goes and what the Workers’ Compensation Board will require of you. While most cases settle out of court if you are required to sit for a deposition regarding your claim, our Tampa workers’ compensation lawyers are ready to assist you through every step of the process. ​

What can I do if the insurance company denies my workers’ compensation claim?

Valid claims are denied all too often by the employer or insurance carrier; however, you are entitled to appeal the decision by filing a compensation lawyer to help you file a petition with the Division of Administrative Hearings. Should you decide to appeal for benefits, consider consulting with an experienced Tampa workers’ compensation attorney to assist you through the process.

Contact Our Tampa Workers’ Compensation Lawyers About Your Case

We are passionate about protecting the rights of all Florida workers, no matter the job, industry, or circumstances of their workplace accident. If you were injured in a work-related accident and need help filing a worker’s comp claim, contact Boohoff Law to schedule a consultation with one of our workers’ comp attorneys. We can discuss your legal options and help you obtain the compensation you deserve. Reach out today at (813) 725-5606 for more information.