Getting injured while you are trying to do your job can be a harrowing experience. It can also be stressful, especially if the injury keeps you from doing your duties and you face losing wages. Most of the time, that injury should be covered by your workers’ compensation policy. However, your place of employment or its insurance company may make it difficult for your claim to go through.
If you encounter any issues with your workers’ compensation claim, you may benefit from speaking with our team. At the Law Offices of Anidjar & Levine, our Clearwater workers’ compensation lawyers will fight to seek the recovery you need.
The Basics of a Workers’ Compensation Claim
If you are an employee in the state of Florida, you are likely eligible to seek workers’ compensation benefits. For most businesses with four employees or more (or businesses with just one employee in the construction industry), your employer is required to purchase workers’ compensation coverage.
Workers’ compensation is a kind of no-fault insurance system for employees. You can collect several forms of benefits if you were injured on the job, and you won’t have to prove that someone else’s negligence caused your injuries.
By accepting workers’ compensation benefits, you are not able to file a lawsuit against your employer. Still, if your work injury was caused by a negligent third party, you may be able to file suit against that entity.
Benefits Available in a Clearwater, Florida Workers’ Compensation Case
Whether you were injured as an employee in one of Clearwater’s hotels, restaurants, construction projects, or other local attractions, you could receive compensation. Even if you work in a non-physical job, you could be eligible to seek benefits if you suffered an injury on the job.
Injured workers in Florida are eligible to receive several forms of benefits. While it can be complicated to determine the value of your claim on your own, we can gather evidence of your losses and explain how much you could seek.
Income Benefits
It is likely you will need to stay home from work to recover from your injury. The wages lost due to your time away from the job is a loss you should try to recover.
Per the Florida Division of Workers’ Compensation (DWC), you are entitled to seek the following income benefits:
- Temporary total disability: If a doctor states that you cannot work because of your injury, you could seek up to 80% of your regular earnings, depending on the severity of the injury. You can collect this benefit after seven days of missed work.
- Temporary partial disability: In some situations, you could be able to work in a partial capacity after your injury. However, if your earnings fall below a certain threshold of your regular paycheck, you could collect benefits.
- Impairment benefits: Your injury may go on to affect your ability to work over the long term, even after you have sought all treatment possible. You could receive benefits if a doctor indicates that you have an impairment.
- Permanent total disability: If you will not be able to work again, you can receive some form of income replacement.
Medical Benefits
Treating an injury can be expensive, as it could require hospital stays, doctor visits, physical therapy, and more. Those costs will add up, and that should not be your burden.
As long as your medical care is necessary and reasonable, you should get your medical costs covered. You will need to visit an approved provider, though.
Necessary medical care may include:
- Hospitalization
- Visits to a doctor
- Diagnostic testing
- Rehabilitative therapy
- Surgery
- Prosthetic devices
- In-home care
- Medications
If you need to travel to your doctors’ appointments, you can also seek reimbursement for your transportation.
Death Benefits
If your loved one passed away because they were hurt on the job, you may be able to claim funeral costs and other financial losses that can help take away some of the financial stress of losing them so tragically.
You could seek up to $150,000 in benefits to cover the following costs:
- Funeral expenses
- Compensation to the dependents and spouse for educational benefits and more
Of course, every case is different. We will work with you to understand how your work injury impacted your life, health, and finances. We will then tell you more about what forms of compensation you could be eligible to claim.
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How Our Lawyers Can Help Your Florida Workers’ Compensation Case
Your energy should be focused on your recovery, not on long calls on hold with the insurance company, fighting with their representatives, or arguing with your employer over the circumstances surrounding your injury. Instead, let a lawyer from our team take this on so that you can recover with as little stress as possible.
To create as ironclad a case as we can, our lawyers will also assemble all of the evidence we can obtain. This may include:
- Photos of the scene: Any documentation of the scene where your accident occurred may reinforce your claim, such as a loose tile or rotting floor that made you trip and fall.
- Witness statements: Our lawyers can speak to anyone who witnessed your injury and collect their stories to back up your account of what happened.
- Medical records: Any available record from a hospital or doctor who treated you after you were hurt at work can show what happened to you and everything that was required to treat the injury.
- Security footage: If your office has security cameras, we will try to gain access to that footage if it shows the circumstances leading to your injury or fall.
Assembling all of this will take some time, but we can still file your claim in time to avoid missing the statute of limitations deadline. Per Florida Statutes § 440.19, you generally have two years to file a workers’ compensation claim. If you contact our team in time, we can ensure that your case meets this important deadline.
Challenges You May Face with Your Workers’ Compensation Claim
Many employees can file workers’ compensation claims and receive their money somewhat promptly, but sometimes that is not the case at all. You may face challenges such as the following:
- Companies may make it challenging to file a claim, or the insurance company could try to deny you.
- The company may delay paying out your claim for certain reasons – or you could face retaliatory behavior at work for making a claim. Your award, if you do receive it, may not be enough of a sum to cover the financial consequences of your work-related injury.
No matter how you face difficulty when it comes to workers’ compensation, you should not have to fight the battle alone.
This is another reason why you may wish to work with our team. Our workers’ compensation lawyers can help you navigate these complicated situations. We will seek to get you the compensation you deserve.
Why Work with the Law Offices of Anidjar & Levine?
The Law Offices of Anidjar & Levine works hard to make the process of your case feel smooth and well supported. We go the extra mile for our clients in every case, which means that:
- We will help you schedule necessary appointments if you need assistance.
- You will receive your attorney’s phone number.
- We will stay in regular communication and offer you case updates.
- You will understand your legal options in easily understood terms.
- Your initial case review is free.
Seeking workers’ compensation benefits can be a confusing process. We will work to help you understand your options, get clear answers, and get all the help you need to recover.
Client Testimonials
We are proud of our results for clients. Some of the feedback we’ve received from past clients includes the following:
- “Right away I got the help I needed, they did everything for me: doctors research, appointment and follow up every step of the way… Totally recommended I will definitely use this firm next time if I get across another situation.” -Paula R.
- “They were always available for any questions and or concerns. The process for my case was definitely quicker than I excepted and the outcome of the case was more than I expected!” – Marivi O.
- “The Law Firm of Anidjar & Levine is a very professional and responsive law firm. They are truly dedicated to their line of work and helping their clients get closure after a significant accident… They truly cared about my well being.” – Juan P.
How Much Will It Cost to Work with an Attorney in Clearwater?
You may be holding back from seeking legal help out of concerns about attorney’s fees. However, you do not have to bear any financial risk when you work with our team.
One of our workers’ compensation lawyers serving Clearwater can work for you on a contingency-fee basis that is paid out if you win your case. Once that agreement is finalized, we will move forward in handling all aspects of your claim.
Our contingency-fee model means that you don’t have to worry about paying:
- Upfront fees
- Hourly rates
- Retainers
Important Steps to Take When Filing for Workers’ Compensation in Florida
After a work injury, the actions you take in the days and weeks to come can lay the foundation for a solid workers’ compensation case in Clearwater. Our attorneys recommend that you take the following steps:
- Report your injury. Make a report of your injury to your employer as soon as you can. If you wait longer than 30 days to make this report, you may be unable to seek benefits.
- Go to an approved doctor. The insurance carrier that supplies your workers’ compensation insurance will have a list of approved doctors. Be sure to seek treatment from one of those providers.
- Continue seeking treatment. If a doctor recommends future treatments such as medications, surgeries, or therapy, follow through on their orders. If you do not seek treatment, you may have trouble with your claim, as an insurer could say that you made your injuries worse.
- Get a free case review. It costs nothing to call our team and learn more about your options. We can help you understand what forms of compensation are available to you and assist you with any issues that may arise in your claim.
Situations Where You May File a Lawsuit After a Work Injury
Although many injured workers will first seek benefits through the workers’ compensation system, there are situations where you could be eligible to file suit, including:
- When your injury resulted from a third party’s negligence
- If your employer didn’t purchase workers’ compensation coverage
Third-party lawsuits may be filed if another party’s actions or inactions directly led to your injury, such as a case where defective machinery caused your injury. A third party could be a contractor, subcontractor, parts manufacturer, or another entity.
If you can’t file for workers’ compensation because your employer failed to purchase obligatory workers’ compensation insurance, we can also help you consider your legal options.
Speaking with someone from our team comes with no obligation to you, so take advantage of a free case review to understand if you may be able to file a claim or lawsuit. We can help you take steps to seek the best possible financial recovery.
Contact Our Legal Team Today for a Free Consultation
You should not have to battle alone when you face difficulty related to a workers’ compensation claim. Instead, consider letting a workers’ compensation lawyer from our firm fight for you. We will communicate with you every single step of the way throughout your case in the Tampa-St. Petersburg-Clearwater metropolitan area.
At the Law Offices of Anidjar & Levine, our lawyers have years of experience helping clients with their workers’ compensation claims. Contacting us is of no obligation to you, and you may discover during your free consultation that we can help you seek the recovery you need. Call us now at 1-800-747-3733 for a free case review with a member of our team.
