Work Injury Lawyers in Tampa, FL
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
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Tampa Workers' Compensation
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FAQ
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
Which Employers Are Required to Carry Workers' Compensation Insurance in Tampa?
State laws govern which employers are required to carry workers' compensation insurance and which employees are covered. Generally, any employer with four or more employees must have workers' compensation insurance. It does not matter whether the employees are full or part-time or were injured during a probationary period. All are eligible. They should be entitled to workers' compensation benefits if they sustain an on-the-job injury.
Still, some industries and workers are exempt from workers' compensation coverage. For example, independent contractors are generally not covered as well as some agricultural workers depending on how long they've been employed. A number of workers are incorrectly classified as independent contractors, which leads to disputes. The incorrect classification may be an innocent error on behalf of the employer or an unethical tactic to avoid paying for insurance. Typically this can be resolved by a "right to control" test, which analyzes the specifics of the job, such as:
- Whether the worker provides their own tools and materials to perform the job and if the work is outside the scope of regularly performed work at the company
- Whether the worker has autonomy over their schedule and when the work is to be completed
- Whether the worker is regularly performing independent work that is in the same vein as the work being performed at the employer's business
If you question whether you are legally exempt from workers' compensation coverage, a workers' compensation lawyer in Tampa can examine your employment details and give you an unbiased answer. Morgan and Morgan have advocated for workers' rights for over 35 years.
What Kind of Benefits Might I Be Entitled to Under Workers' Compensation?
The type of assistance you can expect under the workers' compensation program will depend on the severity of your injury or illness. The medical treatment for physical injuries and occupational illnesses is typically covered. However, physiological issues only qualify if a demonstrated strong correlation between the mental or nervous condition and a sustained injury exists.
What Injuries Qualify for Workers' Compensation?
The most commonly reported injuries that are covered include sprains, cuts, and fractured bones, although many types of injuries qualify. Additionally, injuries caused by repetitive motions usually qualify. Some examples include carpal tunnel syndrome, tendinosis, tendinitis, and tennis elbow. These and other impairments are generally covered if the condition can be linked to normal work activities.
When Will I Receive My Workers' Compensation Wage Benefits?
Wage benefits are paid following a bi-weekly schedule. However, under Florida law, you will not be reimbursed for the first seven days of missed work unless your disability extends more than 21 days. Once you meet that threshold, you'll be paid for the first seven days, and the subsequent missed days until you can return to work. You should expect your first check within 21 days after reporting your injury to your employer.
How Long Can I Collect Workers' Compensation Wage Benefits for a Temporary Disability?
For temporary disabilities, workers can collect wage benefits for a maximum of 104 weeks. Medical benefits should be covered through the employer's insurance with no out-of-pocket costs to the injured worker. Likewise, medical benefits have no expiration as long as care is needed. Be sure to follow company protocol using authorized medical providers and adhere to doctor's orders. Otherwise, benefits may be discontinued.
How Much Are Workers' Compensation Wage Benefits?
Workers' compensation wage benefits amount to two-thirds of your average weekly wage up to a set maximum weekly allowance. The replacement wages are not taxed. For workers that have sustained permanent injuries that impact their ability to work, other disability benefits may include the following:
Permanent disability benefits - Permanent partial disability benefits are available for workers who've sustained a permanent injury but can still perform some work because the impairment is only partial. Permanent partial disability benefits kick in once temporary disability benefits have expired.
Permanent total benefits - Should a worker sustain injuries that leave them unable to work now or in the future, they're entitled to permanent total benefits up to the maximum allowable time until the employee reaches the age of 75.
Workers given permanent partial or permanent total benefits may be subject to periodic medical exams to determine their ongoing eligibility.
How Do I File a Workers' Compensation Claim in Tampa?
Florida law mandates that injured workers report a workplace injury to their employer within 30 days of the accident or discovery of an occupational illness. Your employer has one week to report the incident to their insurer.
Still, you have up to two years to file a workers' compensation claim for benefits. However, we recommend that you pursue a claim promptly following an injury that results in missed work to avoid complications.
Once the process is underway, you should expect to get more details from your employer's insurance carrier in follow-up communication within three days. Suppose your employer fails to initiate the process or you don't hear from their insurance provider. In that case, you can contact Morgan and Morgan or Florida's Employee Assistance Office at 800-342-1741.
What Should I Do if I'm Denied Workers' Compensation Benefits in Tampa, FL?
Suppose you've been denied benefits for a legitimate workplace injury or illness. In that case, you have the right to hire a workers' compensation lawyer in Tampa. Morgan and Morgan can assist you in ensuring you get the benefits you deserve.
We'll first take a look at the reason why your claim was denied and address the issue. Commonly, it may come down to providing medical evidence or establishing the injury occurred during the course of your employment. Presenting evidence is crucial to getting a claim denial reversed. Your Morgan and Morgan workers' compensation lawyer in Tampa will be central to overcoming objections.
After assisting you in filing an appeal, we'll prepare to present your case to the administrative judge that will be assigned to your case. If the initial appeal falls through, we will escalate the issue to higher levels until it's resolved successfully.
The legal professionals at Morgan and Morgan understand how upsetting claim denials can be. We know you're counting on the benefits to sustain you while you recover. We also want you to know that our law firm was established on the foundation of protecting workers. Your workers' compensation lawyer in Tampa will have the skills and resources required to deliver a favorable outcome when you encounter benefit eligibility disputes.
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