Were you injured in a work accident in Clearwater, Florida? You may be entitled to workers’ compensation benefits for medical bills and lost wages. A Clearwater workers’ compensation lawyer at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers can help you understand all of your legal options.
Since 1955, we’ve dedicated our practice to helping injured workers around Pinellas County. We also help injury vicitms from car accidents, lyft accidents in Clearwater, truck accidents, Clearwater taxi accidents, workplace injuries, and more.
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How Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers Can Help With a Workers’ Compensation Claim in Clearwater
On the surface, workers’ compensation laws seem clear. You’re injured at work, you file a claim for benefits and get paid while you get better. Unfortunately, that’s not always the case.
Workers’ comp doctors might pressure you to return to your duties before you’re ready. Your employer could argue that your injuries didn’t occur at work or that you aren’t really disabled. Your claim could even be denied over a technical problem with the paperwork.
Our legal team can help. With a strong Clearwater personal injury lawyer by your side, you’ll greatly increase your chances of recovering full compensation after a work-related injury.
You can trust our law firm to:
- Handle all paperwork associated with your claim
- Help you appeal a claim that’s been denied
- Evaluate your case to see whether you’re entitled to file a personal injury lawsuit for additional damages
- Stand up to the insurance company on your behalf
Are you struggling with the process? Our legal team has over 60 years of experience handling these types of claims. Each new client has a free initial consultation in hand. We’d be happy to evaluate your case for free, so call our law offices for help today.
What is My Clearwater Workers’ Compensation Claim Worth?
The total value will depend upon:
- How long you’re off the job
- Whether you’re able to work in a partial capacity
- Whether you’re expected to return to work in the same capacity
- Whether you’re entitled to file a personal injury lawsuit for additional damages
Insurance companies want to get your injury claim off their plate as quickly as possible–by paying as little as possible. Workers’ compensation insurance companies are no different.
If you’re offered a quick settlement or your benefits are being challenged, it’s always a good idea to have a personal injury attorney evaluate your case.
What Types of Damages Are Available to Workplace Accident Victims?
Injured workers are entitled to three primary forms of economic damages:
- Medical benefits
- Disability benefits
- Death benefits
To recover all, it’s important to understand the rules. One simple mistake can result in your application being denied or delayed.
Your medical benefits will provide comprehensive coverage for all expenses related to your medical care. That includes:
- ER visits and hospital stays
- Follow-up visits with an approved doctor
- Prescription drugs
- Surgeries and other specialized treatment
- Physical therapy
- Mileage reimbursement for travel to the doctor or pharmacy
To receive these, it’s important to visit only doctors approved by the workers’ compensation insurance board.
In an emergency, you can visit an unapproved doctor for emergency care. However, you should let that doctor know that you were injured on the job as soon as possible.
Most injured workers receive weekly cash wage replacement benefits equal to about 66 ⅔ of their average weekly wages prior to getting injured. The time limit will depend on each particular case.
Disability benefits may include:
- Total temporary disability
- Partial temporary disability
- Permanent disability benefits
Temporary disability benefits are available for a maximum time of 104 weeks or until you reach maximum medical improvement (MMI). After that point, if you remain unable to work, you may be entitled to another form of benefits.
You won’t receive wage replacement benefits if you’re unable to work for less than seven days. However, if you’re out of work for at least 21 days, you’ll be reimbursed for those first seven days.
When a workplace accident is fatal, family members are entitled to workers’ compensation death benefits.
- Up to $7,500 in funeral expenses
- Cash benefits for surviving dependents
- Educational benefits for a surviving spouse
Florida workers’ comp laws cap survivor benefits at a maximum of $150,000.
You May Be Entitled to Additional Compensation by Filing a Third-Party Claim
Injured employees are barred from suing their employer for damages if the employer or a co-worker causes an accident. However, it’s not always the employer who is ultimately responsible for your injuries.
Negligent third parties can be held accountable for their careless actions outside of the workers’ compensation insurance system. If a negligent property owner, general contractor, or third-party vendor caused your accident, you may be entitled to file a personal injury lawsuit for both economic damages and non-economic damages.
Examples of available include:
- All past and future medical expenses
- 100% of your lost wages and income
- Lost future earning capacity
- Physical therapy
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Disfigurement and scarring
- Anxiety, PTSD, depression, and other psychological conditions
- Loss of consortium
If you’re seriously hurt, it’s important to get every dollar you deserve. Our Clearwater workers’ comp attorneys will fight to make sure you’re treated fairly. Just call our law firm to get started.
Can I Recover Damages If I’m Being Blamed for a Work Accident in Florida?
Workers’ compensation provides benefits regardless of fault. With certain rare exceptions, you can generally recover them even if it was your own fault.
If you file a personal injury lawsuit, however, your damages may be reduced under the modified comparative fault laws in Florida. Victims who share responsibility for an accident can only recover a percentage of their personal injury settlement if they’re found partly to blame. If these rules apply, your compensation will be reduced in proportion to your share of fault. In addition, Florida has a 51% bar to recovery rule, which means you cannot recover compensation from a lawsuit if you were mostly to blame.
We’ll Fight to Recover Compensation for All of Your Work Accident Injuries
At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we handle all types of claims, including those involving:
- Brain injuries
- Spinal cord injuries
- Crush injuries
- Eye injuries
- Hearing loss
- Lung damage
- Back injuries
- Organ damage
- Broken bones
- Carpal tunnel syndrome
- Catastrophic injuries
- Wrongful death of a loved one
A serious injury can cause extreme consequences. If you were hurt on the job, don’t hesitate to reach out for legal advice.
What Causes Most Workplace Accidents in Clearwater, FL?
Someone is injured on the job every seven seconds in the United States. Even when you follow all proper safety protocols, injuries can happen when people are reckless or careless.
Some common causes of work-related accidents include:
- Failure to follow OSHA safety regulations
- Lack of proper safety protection
- Failure to properly train and supervise employees
- Communication errors
- Unsafe equipment
- Defective tools, equipment, or vehicles
- Worker fatigue
- Lack of fall protection gear
We handle all workplace injury claims in Clearwater, including those involving:
- Construction accidents
- Motor vehicle accidents
- Crane accidents
- Forklift accidents
- Other accidents involving heavy machinery
- Crushing injuries
- Slip and fall accidents
- Scaffolding accidents
- Roof and ladder falls
- Electrocution and electric shock
- Nail gun accidents
- Welding accidents
- Trenching accidents
- Repetitive stress injuries
- Exposure to toxic substances
- And more
If you were injured on the job, our legal team can help you fight for the fair benefits you deserve. Just call our law offices for help today.
Am I Required to Prove Negligence to Recover Workers’ Compensation Benefits in Florida?
To recover benefits all you have to prove is that:
- You were an employee at the time you were hurt
- You sustained an injury or illness in the course of employment
- Your activities were work-related
You may be entitled to benefits whether you were injured on a construction site or in an office building downtown.
How Long Do I Have to Take Legal Action After a Work Accident in Florida?
Workers who are injured on the job must notify their employer of the injury within 30 days of the accident to preserve their right to workers’ comp benefits. If you sustain an occupational illness, the clock starts to run when you’re diagnosed.
If you’re eligible to file a third-party claim, Florida’s statute of limitations applies. The state recently modified its statute of limitations deadline for most personal injury lawsuits. If your accident happened on or before 3/23/2023, a four-year deadline applies; otherwise, a two-year deadline applies. There are exceptions to these deadlines, so it is best to confirm the appropriate deadline for your case with a lawyer.
Contact a Clearwater Workers’ Compensation Lawyer for a Free Consultation
Are you struggling with painful work-related injuries? Do you need help with a workers’ comp claim that’s been denied or delayed? Each attorney from our team has the legal experience, resources, and skills to handle negotiations with your insurance company and fight until you obtain the compensation you deserve. Call a Clearwater workers’ comp injury attorney at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers to schedule a free consultation today.
Our Clearwater, FL personal injury law firm in Pinellas County also provides:
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