Were you or a loved one injured on the job in St. Petersburg, Florida? You may be entitled to workers’ compensation benefits to cover medical bills, lost wages, and disability. A St. Petersburg workers’ compensation lawyer at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers can fight to protect your right to fair benefits.
We’ve been fighting for injured workers in Florida since 1955. We’ve recovered hundreds of millions in compensation for those clients over the years.
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How Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers Can Help With a St. Petersburg Workers’ Compensation Claim
It might seem easy to recover benefits after you’re hurt on the job: you fill out a few forms, see a doctor, and receive your benefits. In reality, the workers’ compensation system is complex and can be challenging to navigate.
Our lawyers at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers have decades of combined experience helping injured workers in Tampa Bay. Indeed, we are the oldest personal injury firm in the area. We’ve recovered tens of millions of dollars for workers and their families during the times they needed it most. These feats have earned us recognition as “Super Lawyers,” “Multi-Million Dollar Advocates,” and “AV Preeminent.”
Our St. Petersburg personal injury attorneys are here to help you:
- File an appeal if your benefits were denied
- Determine whether you’re entitled to file a personal injury lawsuit for additional benefits
- Build a strong defense if your employer challenges your right to benefits
- Negotiate with the insurance company if they’re trying to pay less than you deserve
- Handle all paperwork so that it’s complete, correct, and on time
If you can’t work, you’ll need money to help you make ends meet. Our St. Petersburg personal injury attorneys have over 60 years of experience helping clients like you maximize their financial awards. Just give our St. Petersburg law office a quick call today to schedule a free case review to learn more.
How Common Are Workplace Accidents in St. Petersburg?
According to National Safety Council research, a worker is injured on the job every seven seconds in the United States. Historically, Florida has had the second-highest rate of workplace injuries in the U.S. Only Texas sees more work injuries each year.
In 2020 alone, 275 Florida workers lost their lives in fatal work accidents. Thousands more were injured.
What Types of Benefits Are Available Under Florida Workers’ Compensation Laws?
Florida workers’ compensation laws provide benefits for:
- Reasonable and necessary medical expenses
- Wage replacement or disability benefits
- Survivor benefits
To get these non-medical and medical benefits, you’ll have to follow certain rules. It’s also important to understand what workers’ compensation will not pay, which we’ll discuss in more detail shortly.
Injured workers are entitled to compensation for all of their reasonable and necessary medical expenses, including:
- ER visits
- Lost time benefits
- Follow-up visits with the doctor
- Any other necessary medical care
The bill for your medical care will be sent directly to the workers’ compensation insurance company. However, you are required to visit an approved medical provider. An exception exists for emergency treatment, where you’re entitled to seek emergency care from any available medical provider.
You’re generally entitled to receive medical benefits until you are fully recovered.
Wage Replacement Benefits
Wage replacement benefits provide compensation if you are unable to work for at least seven days. If you’re unable to work for at least 21 days, you’ll also receive wage replacement benefits for the first seven days of your disability.
The amount of your weekly check depends upon the circumstances, as follows:
- Your wage replacement benefits are typically equal to 66 ⅔ of your average weekly wages prior to the injury
- If you’re able to work in some capacity that pays less than your regular income, you’ll be entitled to partial wage replacement benefits
- If your injuries are extremely severe, you may be entitled to an enhanced wage replacement benefit to cover 80% of your lost wages
You can receive temporary disability benefits for up to 104 weeks or until you reach maximum medical improvement (MMI). You may also be entitled to permanent disability benefits if you’re never able to return to work.
However, wage replacement checks are always subject to a weekly cap established by Florida state law–meaning that you may receive much less if your average weekly wages were particularly high.
Survivor benefits compensate the families of fatal work accident victims. Death benefits provide:
- Up to $7,500 in funeral expenses
- Compensation for surviving dependents
- Educational benefits for a surviving spouse
Death benefits are capped at $150,000 under Florida law.
Can I File a Personal Injury Lawsuit for Damages?
Workers’ compensation doesn’t compensate work accident victims for all of their losses. In some cases, you may be entitled to file a personal injury lawsuit against a negligent third party who caused your accident.
If a negligent property owner, driver, general contractor, or another third party contributed to your accident, you may be entitled to additional compensation for:
- Past and future medical expenses
- The full amount of your lost wages
- Lost future earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Disfigurement and scarring
- Anxiety, PTSD, and other emotional trauma
- Loss of consortium
Workers’ compensation doesn’t provide compensation for many of these non-economic damages. If you were injured at work, it’s always important to explore all of your options to ensure you’re receiving the maximum compensation available.
Would you like to have an experienced workers’ compensation attorney evaluate your case? Call our law firm for a free case review today.
Can I Recover Damages If I’m Being Blamed for a Work Accident in Florida?
Yes. Under the Florida workers’ compensation laws, you can recover full benefits even if you were partly or entirely responsible for getting hurt on the job.
Florida’s modified comparative fault laws apply if you are filing a personal injury lawsuit against a third party. These rules permit you to recover compensation even if you are partially to blame for your accident. However, your damage award will be reduced to account for your share of the blame. You also will be barred from recovering compensation if you are mostly to blame under the state’s “51% rule.”
We’ll Fight to Recover Compensation for All of Your Work Accident Injuries
Workplace accidents can lead to severe and lasting injuries. Our workers’ comp lawyers handle all types of work-related injury 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
Our team at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers will do everything possible to fight for the fair compensation you deserve. Just call our law offices today to see how we can help.
We Handle All Types of Workplace Accident Claims in St. Petersburg, Florida
At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we’re here to fight for your rights regardless of how you were injured.
We handle all types of workers’ comp claims, including those involving:
- Debris falling
- Crushing injuries
- Roof and ladder falls
- Electrocution and electric shock
- Motor vehicle accidents
- Construction accidents
- Building collapses
- Heavy machinery accidents, including forklift accidents and crane accidents
- Trenching and excavation accidents
- Slip and falls
- Defective machinery accidents
- Repetitive trauma injuries
- Factory accidents
- Exposure to toxic chemicals
- Welding accidents
- Occupational illnesses
- And more
Were you hurt on the job in St. Petersburg? Our experienced lawyers can help you fight for the full compensation you deserve.
How Do I Establish My Right to Recover Workers’ Compensation Benefits in Florida?
Workers’ compensation is a no-fault system. You don’t have to prove that anyone was negligent to recover benefits. In fact, nearly all workers are entitled to benefits under Florida workers’ compensation laws.
To recover benefits, you’ll have to establish that:
- You were an employee–rather than an independent contractor
- You sustained an injury or illness during the course of employment
- You were performing work-related duties at the time of the accident/incident
You don’t have to be hurt at your primary work site to qualify for benefits. If you were hurt in a car accident while traveling offsite for work purposes, your injury would have occurred “during the course of employment.”
While the system may seem simple, injured workers face challenges to recovering benefits every day.
Your employer or the insurance company may challenge your right to benefits by:
- Claiming your injury was pre-existing
- Arguing that you were performing non-work-related activities at the time of an accident
- Trying to force you to return to work before your injuries have healed
- Claiming that your paperwork was incomplete or untimely
Our lawyers in St. Petersburg can help you handle these and any other challenges you might face. We can also help you file an appeal if your application for benefits was denied.
How Long Do I Have to Take Legal Action After a Work Accident in Florida?
In Florida, accident victims have either two years (for accidents taking place on or after 3/24/2023) or four years (for accidents occurring before that date) to file a personal injury lawsuit. However, you only have 30 days to notify your employer if you suffered a work-related injury or illness.
Failure to notify your employer before the deadline can cause you to lose your right to workers’ compensation benefits.
Because there are exceptions to these deadlines, it is best to contact a lawyer to confirm the correct deadline for your particular case.
Contact a St. Petersburg Workers’ Compensation Lawyer for a Free Consultation
Are you struggling to recover the fair workers’ compensation benefits you deserve? Do you think you may have a personal injury case? Call an experienced St. Petersburg workers’ compensation lawyer at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers for a free consultation today. Or check our Worker’s Comp FAQ section for more information. We’ll fight to recover the maximum amount possible in your case.
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