Tampa Workers’ Compensation Attorney

Helping Injured Workers Get What They Are Owed

When you suffer a work injury, your employer’s workers’ compensation policy should cover your related medical expenses and lost wages. However, the process of getting the benefits you need can be confusing and frustrating.

At Michles & Booth, we know how to handle all types of workers’ compensation cases and can help you navigate the claims process. Our Tampa workers’ compensation lawyers are committed to helping you recover the full, fair benefits you are owed. We also handle Social Security Disability claims for those who are unable to work due to a disability.

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Contact us online or call our office at (813) 981-7780 to schedule a free consultation with a workers’ compensation attorney in Tampa. We’re available 24/7.

Florida Workers’ Compensation Laws

Workers’ compensation is a no-fault system. This means that, regardless of who caused your work injury, you should be eligible for benefits. In fact, you can even receive benefits for injuries that were caused by your own negligence. However, if you intentionally hurt yourself or were intoxicated at the time of the accident, you will not be eligible to collect benefits.

Under Florida law, most employers are required to carry workers’ compensation insurance. This means that, if you are hurt at work, you should be able to seek medical treatment and benefits right away. However, many injured workers encounter various problems when trying to get the benefits they need.

For example, your employer may dispute your claim, your claim may be denied, or your employer may try to downplay the extent of your injuries. In other cases, you may be unaware of what types of benefits you are eligible for or how to file a claim.

At Michles & Booth, we can help you with all aspects of your workers’ compensation case. Our workers’ compensation attorneys can help you file a claim, fight for your benefits, and even represent you in a workers’ compensation hearing or appeal. We are well-versed in Florida’s workers’ compensation laws and have extensive experience in these cases.

Types of Workers’ Compensation Benefits

When you are hurt at work, you may be eligible for a variety of different types of benefits. These benefits should be paid out by your employer’s workers’ compensation insurance company. Unfortunately, employers and insurance companies are not always willing to fairly compensate injured workers. As such, it is important that you have an experienced workers’ comp lawyer on your side.

At Michles & Booth, we can help you fight for the full, fair benefits you are owed, including:

• Medical benefits: You should be able to receive compensation for all reasonable and necessary medical treatment related to your work injury. This includes emergency care, doctor’s visits, surgeries, hospital stays, medication, rehabilitation, and more.
• Wage replacement benefits: If you are unable to work for more than seven days as a result of your work injury, you should be eligible for two-thirds of your average weekly wage, up to the maximum allowable compensation rate. If you are out of work for more than 21 days, you may also be eligible for compensation for the first seven days you missed.
• Impairment income benefits: If you have a permanent impairment but can still work, you may be entitled to additional compensation.
• Disability benefits: If you are totally disabled and cannot work or only earn a fraction of your previous wages, you may be entitled to temporary partial disability, temporary total disability, or permanent total disability benefits.
• Death benefits: If a loved one was killed in a work-related accident, you may be eligible to collect death benefits.

These are just a few of the types of workers’ compensation benefits you may be eligible to collect. If your employer disputes your claim or if you are not getting the benefits you are owed, do not hesitate to reach out to our firm for help.

How to File a Workers’ Compensation Claim in Florida

After being hurt at work, it is important that you take the following steps to protect your right to benefits:

• Report the injury to your employer: You should report the injury to your employer as soon as possible, but no later than 30 days from the date of the accident. If you fail to report your injury within 30 days, you may be ineligible for benefits.
• Seek medical treatment: You should seek medical treatment right away. If it is an emergency, you should go to the nearest emergency room. Otherwise, you should see a doctor from your employer’s approved list of doctors. If you do not see a doctor from this list, your employer may not be required to pay for your medical treatment.
• File a claim: Your employer should give you a copy of the workers’ compensation claim form within one day of your report of the injury. You will then have two years from the date of the accident or two years from the date on which you discovered your work injury to file a claim. If you miss this deadline, you may be unable to collect benefits.
• Follow your doctor’s orders: You should follow your doctor’s orders and attend all follow-up appointments. If you fail to do so, your employer may be able to stop paying your benefits.

After submitting your claim, your employer’s workers’ compensation insurance company will have 21 days to either accept or deny your claim. If the claim is accepted, you should begin receiving benefits right away. However, if the claim is denied, you will need to file a Petition for Benefits and take your case to court.

At Michles & Booth, we can help you file a workers’ compensation claim and fight for the benefits you are owed. If your claim has been denied, we can also help you file a Petition for Benefits and represent you in court. Our workers’ compensation lawyers know how to effectively navigate the claims process and can guide you every step of the way.

How Long Do You Have to Be Out of Work to Get Workers’ Comp?

In Florida, you must be out of work for at least one week before you are eligible to collect workers’ compensation benefits. However, if you are out of work for more than 21 days, you may also be eligible for compensation for the first seven days.

It is important to note that you must be under a doctor’s care to collect wage replacement benefits. Additionally, you will not receive any benefits for the first seven days you are out of work unless you are out of work for more than 21 days.

At Michles & Booth, we can help you fight for the full, fair benefits you are owed. Our workers’ compensation lawyers in Tampa can review your situation, explain what types of benefits you may be eligible for, and help you file a claim. We are also prepared to represent you in a workers’ compensation hearing or appeal if your claim is denied.

Can You Sue Your Employer for a Work Injury?

Under Florida law, you cannot sue your employer for a work injury. However, there are a few exceptions to this rule. You may be able to sue your employer if:

• Your employer intentionally hurt you
• Your employer does not have workers’ compensation insurance
• You were hurt by a third party

If you were hurt by a defective product, for example, you may be able to sue the product manufacturer. If you were hurt in a car accident while on the job, you may be able to sue the at-fault driver. Our workers’ compensation attorneys can review your situation, determine if you are eligible to file a lawsuit, and help you pursue the compensation you are owed.

Can I Afford to Hire a Workers' Comp Lawyer?

Many people are hesitant to hire a workers’ compensation lawyer because they are concerned about the cost. However, at Michles & Booth, we understand that you are already under a significant amount of stress and do not want to add to your financial burden. That is why we offer our services on a contingency fee basis.

This means that you do not have to pay any upfront or out-of-pocket costs to hire a workers’ compensation attorney in Tampa. Instead, you will only pay attorney fees if and when we recover compensation for you. If your case is not successful, you will not owe us any legal fees. Our fees are simply a percentage of the benefits or settlement you receive.

At Michles & Booth, we offer free initial consultations. Call us at (813) 981-7780 or contact us online to schedule an appointment with a Tampa workers’ compensation attorney.