Tampa Workers’ Compensation Lawyers 

Pursuing Financial Relief for Injured Workers in Florida

Work-related injuries are all too common, making it crucial to understand your rights after a workplace accident. In Florida, workers’ compensation insurance provides financial assistance to workers injured on the job. However, navigating the workers’ compensation system can be overwhelming and confusing, especially while recovering from a serious injury. 

At Robert Sparks Attorneys, our workers’ compensation lawyers have years of experience protecting the rights of injured workers in Tampa. Our attorneys are well versed in the legal complexities of workers’ comp claims to pursue the maximum compensation you deserve. From filing a claim to negotiating effectively with insurance companies, you can trust our firm to safeguard your rights at every turn, giving you peace of mind that your future and financial well-being are in trusted hands. 

If you suffered a workplace injury, you deserve compensation for medical expenses, lost wages, and more. Contact us online to discuss your case. 

Understanding Workers’ Compensation in Florida

Workers’ compensation insurance is intended to protect employers and employees alike by allowing for a trade-off between the injured employee and their employer. Securing workers’ compensation not only provides eligible employees with coverage for medical benefits, lost earnings, and other losses, but also benefits employers by preventing the employee from suing the employer later on. This legal trade-off between employers and employees is known as “the compensation bargain.” 

Common Workplace Injuries in Tampa

A variety of workplace injuries qualify for workers’ compensation in Tampa. Common examples include: 

• Lifting injuries
• Slips, trips, and falls
• Work vehicle accidents
• Repetitive strain injuries, such as carpal tunnel syndrome 
• Assault injuries due to violence or physical altercations in the workplace
• Toxic chemical exposure to hazardous substances, such as fumes or spills
• Occupational illnesses, such as respiratory conditions from inhaling dust or chemicals

Are All Employers Required to Carry Workers’ Comp Insurance in Florida? 

State law requires most employers to carry workers’ compensation insurance. This applies to businesses with four or more employees, including non-corporate officers and members of LLCs. For construction companies, the threshold is even lower, with state law requiring construction businesses with one or more employees to provide coverage. 

However, certain exceptions can apply depending on the industry, business structure, and number of employees. Generally, the following employers aren’t required to carry workers’ comp in Florida: 

• Construction companies with no employees.
• Non-construction businesses with four or fewer employees.
• Agriculture employers with six or fewer regular employees and/or twelve or fewer seasonal employees. 

If your employer isn’t legally required to carry workers’ comp insurance, this doesn’t necessarily make you ineligible for compensation. If you were injured in the workplace, you can pursue financial relief through other legal avenues, such as a third-party liability claim. Our experienced attorneys can help you explore your legal options to recover a just settlement.

Who Is Eligible for Workers’ Compensation in Florida?

Employees must meet certain criteria to recover workers’ comp benefits under state law. These eligibility requirements include: 

• Employer coverage: The company must have workers' compensation insurance or be legally obligated to carry it. Some small businesses and certain types of employees may not be covered under workers’ compensation laws. Consulting with a knowledgeable attorney is crucial to understand your legal options and exercise your rights accordingly. 
• Work-related injury: The injury must have been sustained while performing work-related duties. This isn’t limited to on-site injuries on company premises, but also extends to injuries suffered outside of the workplace as a result of job-related responsibilities or conditions.  
• Timely reporting: The employee must report the work-related injury to their employer within 30 days of the workplace accident or discovery of the injury. 
• Employee classification: The worker must be classified as an employee and included on the company payroll. Independent contractors may be ineligible to recover workers’ comp benefits.

How Long Do I Have to File a Workers’ Comp Claim in Tampa?

Florida law imposes strict deadlines for workers’ comp claims. To recover workers’ comp benefits, employees must: 

1. Report the accident to their employer within 30 days.
2. File their claim with the Florida Division of Workers’ Compensation (DWC) within two years from the date of the injury, or two years from the date a doctor diagnoses a work-related illness. 

Failure to meet either of these deadlines can result in a denial of your workers’ comp benefits, making it crucial to seek legal guidance as soon as possible after a work-related injury.

Process for Filing a Workers’ Comp Claim in Florida

Sustaining a work-related injury can be disorienting, but knowing what steps to take next is paramount to recovering compensation. If you were injured on the job, it’s essential to take the following steps: 

1. Report the injury to your employer: Notify your employer immediately after suffering a workplace injury or developing an occupational illness. Your employer will then file a claim with their insurance company and initiate the claims process.
2. Seek medical attention: Your health and well-being are a top priority after a workplace injury. Seeking medical treatment can also help establish a formal record of your injuries, which may serve as valuable evidence for your claim. 
3. Fill out paperwork: After notifying your employer, they should provide you with the necessary forms to file a workers’ comp claim. It’s important to fill out all paperwork accurately and completely to avoid potential delays or denials of your claim.
4. Seek sound counsel: Navigating the complexities of the workers’ compensation system can be overwhelming, especially while recovering from an unexpected accident. An experienced workers’ comp attorney can help you exercise your rights, gather evidence to support your claim, and negotiate with insurance companies to pursue a fair settlement.

How Long Does Workers’ Compensation Last?

The duration of workers’ compensation benefits depends on the severity of your injury and how long it takes you to recover. In Florida, injured employees may receive a portion of their wages for a maximum of 104 weeks. However, if an employee suffers permanent disabilities or injuries that prevent them from returning to work in some capacity, they may be entitled to additional benefits. Florida Statutes § 440.12(2) defines the minimum and maximum compensation rates for the calendar year in which the illness or injury occurs. Consulting with your lawyer is critical to ensure you receive the full compensation you’re entitled to. 

Workers’ Comp vs. Personal Injury Claims: What’s the Difference? 

While anyone injured on the job has the right to pursue compensation for their injuries, it can be tricky to determine which type of compensation is best to pursue in your unique circumstances. Workers’ compensation plans vary between insurance companies, putting injured employees at risk of receiving insufficient coverage for time off, healthcare costs, and other losses. In these cases, it may be in your best interests to pursue a third-party lawsuit instead. 

Keep in mind that if you accept workers’ compensation benefits, you cannot file a third-party lawsuit for the same incident against your employer. Consulting with a qualified lawyer is paramount to pursuing the maximum compensation you deserve. Fortunately, our attorneys have extensive experience handling both workers’ comp claims and third-party liability claims. With extensive knowledge of workers’ compensation insurance and personal injury law, we can advise your legal steps wisely while protecting your rights against evasive insurers and employers. 

Do I Need to Hire a Workers’ Comp Attorney? 

The consequences of workplace accidents can be severe. Traumatic brain injuries and spinal cord injuries can quickly lead to debilitating circumstances and even prevent the victim from working again. Unfortunately, employers and insurance companies have a reputation for evading fair payouts to workers. 

If you were injured in the workplace, having a workers’ compensation lawyer on your side can make all the difference. In addition to guiding you through the legal intricacies of the claims process, your attorney can help gather evidence to apply their in-depth understanding of workers’ compensation law to advocate for the fair settlement you deserve. 

Diligent Advocacy for Injured Workers in Tampa

If you were injured on the job, seeking compensation is vital to safeguarding your health and economic stability. When you partner with Robert Sparks Attorneys, our attorneys can meticulously investigate the workplace accident and recommend potential legal avenues to recover maximum compensation, whether it be a third-party lawsuit or workers’ comp claim. In addition to our proven track record of results, our firm has a vast network of professional contacts and resources, allowing us to strengthen your claim with relevant evidence and improve your chance of obtaining a favorable outcome. From arranging expert statements to negotiating with insurance companies, our skilled litigators never hesitate to take cases to trial if necessary to achieve a fair settlement. With millions of dollars recovered for our clients in Tampa, you can trust our top-rated law firm to provide informed counsel at every step of your case. 

If you were injured in the workplace, our Tampa attorneys can help you pursue fair compensation. Call (813) 710-4816 to schedule a free consultation.