Being injured at work can cause overwhelming pain and suffering. However, it can also result in financial losses, especially if you are out of work for an extended period. Being injured and worrying about bills can result in significant stress and worry.
The Clearwater workers’ compensation lawyers at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers can help. We’ll handle your workers’ comp claim from start to finish. If the insurance company denies your claim, we’ll file an appeal and keep fighting.
Our top-rated lawyers have over 300 years of combined legal experience. Since 1955, our personal injury law firm in Clearwater, Florida has recovered over $675 million for our clients.
You deserve to receive full workers’ comp benefits when you are hurt at work. Call us to schedule a free consultation at Clearwater by calling (727) 796-8282. Speak with one of our workers’ compensation attorneys to discuss your case.
Table of Contents
How Our Clearwater Personal Injury Lawyers Can Help If You’ve Been Hurt At Work
With centuries of combined legal experience and decades practicing law, Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers is a top-rated personal injury law firm in Clearwater, Florida. We have considerable resources and staffing to handle all types of work-related injury cases.
You can trust that experienced and seasoned injury lawyers will handle your workers’ compensation case. Our attorneys have earned an AV Preeminent rating with Martindale-Hubbell, the highest rating possible. In addition, three of our lawyers are Board Certified by the Florida Bar Association.
Super Lawyers, Tampa Bay Magazine, and Best Lawyers have recognized our Florida personal injury lawyers for their legal services. We are on the Top 100 List with The National Trial Lawyers, and our attorneys are members of the Multi-Million Dollar Advocates Forum. In addition, Avvo awarded our law firm a 10.0 rating.
We are committed to providing you with the legal advice and support you need as you continue to recover from a work injury.
When you hire Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we will:
- Keep you updated and informed throughout every phase of your case
- Explain your legal options and the process to obtain workers’ comp benefits
- Investigate your claim to determine how you were injured
- Complete and file all documents and paperwork for your workers’ compensation claim
- Represent you during settlement negotiations and hearings
- File appeals and lawsuits, as necessary
- Analyze your case to determine if you have a third-party claim that could result in additional compensation
You can benefit from over 300 years of collective legal experience. Call now for a free consultation with one of our Clearwater workers’ compensation lawyers.
Workers’ Compensation Benefits in Clearwater, FL
When you are injured at work, you are entitled to benefits under Florida workers’ compensation laws. Our Clearwater workers’ comp lawyers at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers will explain the benefits you are entitled to receive based on the facts of your case.
In general, an injured worker in Clearwater can receive workers’ comp benefits that include:
Medical Benefits in a Clearwater Workers’ Compensation Claim
Workers’ compensation insurance pays for your medical treatment when you are injured on the job.
Medical treatment can include in Pinellas County, but is not limited to:
- Emergency room treatment and urgent care
- Ambulance bills
- Bills from physicians and specialists
- Diagnostic tests and lab work
- Hospitalization
- Surgery
- Medications
- Physical therapy
- Medical equipment
- Attendant care
- Prostheses
Your employer or its workers’ compensation insurance company provides a list of authorized physicians to provide treatment. You must see one of the approved doctors for your costs to be covered by workers’ comp benefits. If you see a medical provider that isn’t on the list, workers’ comp might not cover those bills.
In addition to paying your medical bills, the workers’ comp provider should reimburse you for mileage to and from medical appointments. Keep careful track of the exact mileage to file a claim for mileage reimbursement.
Lost Wage Benefits in a Clearwater Workers’ Compensation Claim
If you cannot work because of an injury on the job, you can receive disability benefits. Wage replacement benefits equal about two-thirds of your average weekly wages. Severe injuries could qualify for up to 80% of your average weekly wage for up to six months after the injury.
Lost time benefits include:
Temporary Total Disability (TTD)
If your physician tells you that you cannot work because of your injury, you can receive TTD benefits. The benefits are not paid for the first seven days you are out of work. However, if you are out of work for 21 days or longer, you can receive payment for the first seven days missed from work.
The Florida Department of Financial Services sets maximum limits for TTD weekly benefits. The maximum rate for 2023 is $1,197. You can receive TTD payments for up to 104 weeks.
Partial Temporary Disability (PTD)
Your doctor might place you on light duty by restricting the tasks that you can perform. You can receive PTD benefits if you cannot earn 80% of the wages you earned before the work accident. You can receive up to the maximum weekly rate for up to 104 weeks.
Permanent Disability Benefits
Impairment benefits or permanent disability benefits are paid when your physician assigns you an impairment rating. The impairment rating is given after you reach maximum medical improvement.
The amount you receive is based on your:
- Average weekly wage
- Impairment rating
- Whether you are back at work and earning at least as much as you did before the injury
Your impairment benefits are paid for a specific number of weeks. Before you agree to a lump sum settlement, talk with our Clearwater workers’ compensation benefits lawyers to ensure that the settlement offer is fair.
Sometimes, a worker’s injuries are so severe that they cannot work again. If so, they could be eligible for permanent total disability (PTD) benefits.
Negotiating permanent disability settlements can be tricky. You need to ensure that the amount being offered compensates you fully for a lifetime of medical care, personal care, and lost wages. At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we’ll work with medical specialists and other experts to strengthen your case and fight for all amounts you should receive by law.
Death Benefits in a Clearwater Workers’ Compensation Claim
If a worker sustains fatal injuries, their dependents can receive death benefits.
Death benefits include:
- Funeral and burial expenses up to $7,500
- Educational benefits for the surviving spouse
- Compensation to dependents (capped at $150,000)
The amount a dependent receives depends on who survived the deceased worker and filed a claim. The law regarding death benefits can be confusing. Our Clearwater workers’ comp lawyers will explain what each family member can receive after reviewing your case.
Do I Need To Prove Negligence To Receive Workers’ Compensation Benefits in Clearwater, Florida?
The Florida workers’ compensation system is no-fault insurance coverage. You do not need to prove that your employer or another party is negligent to receive benefits.
All you need to prove is the following:
- The company employed you at the time of your injury;
- Your injury was sustained in the ordinary course of your employment; and,
- Your activities were work-related.
Generally, you can receive workers’ comp benefits even if you were partially at fault for the accident. However, if a worker was intoxicated when the injury occurred, they will not receive benefits. Likewise, employees who intentionally harm themselves will not receive workers’ comp benefits.
Can I Sue My Employer for Additional Compensation for a Work Injury in Clearwater, FL?
Generally, employers are immune from lawsuits by employees for work accidents and injuries. Therefore, even though your workers’ comp benefits do not reimburse you for all financial losses or compensate you for pain and suffering, you cannot sue your employer for more money.
However, there are exceptions to that rule. If your employer fails to provide workers’ compensation insurance coverage, you can sue your employer if you are hurt at work. Also, you can sue an employer who intentionally causes your injury.
You Might Be Entitled To Additional Compensation By Filing a Third-Party Claim In Clearwater, FL
Workers’ compensation laws do not prohibit you from pursuing a personal injury claim against a third party. For example, suppose you were injured by a defective tool. You could sue the manufacturer for damages under product liability laws.
Other third-party claims could include a premises liability claim against a property owner or a personal injury claim against someone who causes a car accident. With a third-party claim, you must typically prove negligence to recover compensation for damages. However, you can receive compensation for damages that are not covered by workers’ comp.
A third-party personal injury claim could provide compensation for lost wages not paid by workers’ comp. You can also receive additional economic damages and non-economic damages.
Our Clearwater workers’ compensation lawyers will carefully analyze all factors contributing to your work injury. If another party contributed to the cause of your work injury, we will pursue a claim against that party in addition to helping you receive your workers’ comp benefits.
Schedule a Free Consultation With Our Workers’ Compensation Attorneys in Clearwater
You can trust Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers to handle your workers’ comp claim from start to finish. We’ll diligently work to maximize your recovery for a work-related injury. Contact our office to schedule your free consultation with a Clearwater personal injury lawyer.
