Clearwater Workers’ Compensation Lawyers

Were you injured in a work accident? 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. 

Are you interested in learning more about how we can help you maximize your financial award? Contact our law offices in Clearwater, FL to schedule a free consultation today at (727) 591-3354.

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 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?

You’re entitled to certain set benefits under Florida workers’ compensation laws. Overall, the value of your claim will depend on the nature of your injury.

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. 

Medical Benefits

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 
• Prosthetics
• 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.

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.

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
• Concussions
• Back injuries
• Organ damage
• Broken bones
• Burns 
• Amputations 
• Carpal tunnel syndrome
• Paralysis
• 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

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.

Do I Need to Prove Negligence to Receive Workers’ Compensation Benefits?

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. 

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. 

Contact a Clearwater workers’ comp injury attorney at (727) 591-3354 to schedule a free consultation today.