Tampa Workers' Compensation Lawyers
Workers’ compensation benefits can help offset medical bills and ease the burden of lost wages after you get hurt on the job. Hiring an experienced Tampa workers’ compensation attorney can help you maximize your benefits. Since 1979, Farah & Farah has helped injured workers and grieving families fight for their rights to the benefits they need after a workplace accident.
If you were recently hurt on the job, diagnosed with an occupational illness, or lost a family member in a fatal workplace or construction accident in Tampa, Farah & Farah can help you get the benefits you need. Our Florida workers’ compensation lawyers can help protect your rights and maximize your recovery.
For over four decades, Farah & Farah has been a trusted advocate for injured workers and devastated families in Tampa. At our law firm, we prioritize teamwork and collaboration, which has helped our award-winning Florida-based trial attorneys recover substantial awards and settlements for our clients.
You deserve a compassionate, experienced legal team fighting to get the benefits you need. Call our Tampa, FL, law office at (813) 358-0490 to schedule your free consultation now.
Why Should I Choose Farah & Farah to Help with My Workers’ Compensation Claim?
Hiring an attorney puts you on a level playing field with employers and powerful insurance companies. However, not all law firms can offer the level of service and representation you need to win your case.
Here’s why you’ll want Farah & Farah on your side as you fight for your workers’ compensation benefits:
- We’ve fought for people like you and your family since our founding over 40 years ago.
- Our results are unmatched, with more than $2 billion recovered for our clients.
- We treat every client like family—with the dignity, respect, and honesty they deserve. That commitment is highlighted in the countless reviews and testimonials from former clients.
- Our home-grown roots are important to us, and we embrace them through community service and participation in local events.
- There’s no cost to hire our workers’ compensation attorneys in Tampa unless we win your case.
We know you are going through an incredibly difficult time. You’ll get through it with Farah & Farah’s help.
How Our Tampa Workers’ Compensation Attorneys Can Help You Maximize Your Benefits
Expect pushback when you file a claim for workers’ compensation benefits. Leave the fight for compensation to us. We have the financial resources and experience to take on even the biggest insurers and employers to get you the results you deserve.
Take the opportunity to rest and recover while our Tampa personal injury lawyers get to work with the following:
- Helping you obtain necessary medical treatment from approved providers.
- Offering guidance and completing the necessary paperwork and documents.
- Ensuring that your employer complies with state-manded workers’ compensation processes and procedures.
- Gathering evidence to show that your injury is job-related and demonstrating the impact it has had on your life.
- Bringing in experts, including specialists in medicine and rehabilitation, to provide additional support for your claim.
- Protecting your rights regarding any independent medical exams.
- Handling workers' compensation settlement settlement negotiations with the insurance company on your behalf.
- Advocating for you during the hearing and appeal processes.
Don’t underestimate the importance of hiring a trusted and experienced legal advocate. The insurance company may try to get you to accept less than your case is worth. With Farah & Farah beside you, you’ll have peace of mind which can be instrumental in aiding your recovery.
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How Florida’s Workers’ Compensation Insurance System Works
Florida’s workers’ compensation system allows workers to recover monetary benefits to offset the costs of medical bills, lost wages, medical benefits, death benefits, and disability caused by work-related injuries and illnesses.
Under the no-fault system, workers are entitled to benefits regardless of fault, and employers are immune from litigation by workers hurt on the job. In exchange for benefits, employees waive the right to sue their employers for work-related injury and illness.
Under the Florida Workers’ Compensation Act, private employers must carry workers’ compensation insurance if they meet the following criteria:
- Construction companies with at least one employee,
- Non-construction companies with at least four employees, and
- Agriculture companies with at least six employees.
When an employee suffers an injury or is diagnosed with a work-related illness, they will have 30 days to formally notify their employer. Then the employer is legally obligated to submit notice to their workers’ compensation insurance provider to initiate the claims process.
How Long Do I Have to File a Claim For Workers’ Compensation in Tampa, Florida?
Generally speaking, you will have two years to file a workers’ compensation claim. The statute of limitations begins running when you know or should have known about your work-related injury or illness.
Again, you must notify your employer within 30 days of discovering your injury or illness to preserve the right to formally seek benefits.
If time runs out before you take action, you will lose the opportunity to receive the workers’ compensation benefits you deserve.
What Types of Benefits Can Be Awarded in a Tampa Workers’ Compensation Claim?
Workers’ compensation is a private insurance system. Thus, limited types of benefits are available to injured workers in Tampa. Those benefits fall into one of three categories: medical benefits, income replacement, and death benefits.
Medical Benefits
Workers’ compensation will cover 100 percent of your reasonable and necessary costs of medical treatment. This can include payment for the following:
- Hospitalization
- Surgery
- Medication
- Medical devices
- Rehabilitation
- Follow-up care
Medical expenses will be covered as long as they are deemed necessary by your medical provider.
Generally, you cannot just go to your own doctor for treatment. You must seek care from a provider pre-approved by your employer’s plan. Seeking treatment from an unapproved provider could mean that all your medical bills won’t be covered.
Temporary Total Disability
If you temporarily cannot return to work for at least seven days, you may qualify to receive Temporary Total Disability benefits or TTD. TTD helps offset the initial financial strain while you cannot work.
TTD equals two-thirds of your average weekly wage before your accident. Florida law imposes a cap on the average weekly wage used to calculate benefits. For 2023, the maximum rate is $1,197.
TTD benefits are payable until you reach Maximum Medical Improvement or a maximum of 104 weeks.
Temporary Partial Disability
If you can return to work in a limited capacity, you may qualify for Temporary Partial Disability benefits or TPD. TPD is available if you cannot earn 80 percent of your pre-injury average weekly wage. These benefits help offset the gap in your income.
TPD pays 80 percent of the difference between your pre-and-post average weekly wage.
Permanent Impairment
Once you reach Maximum Medical Improvement, you may still qualify for benefits if diagnosed with a permanent impairment.
Medical providers must diagnose a permanent impairment using the Florida Uniform Permanent Impairment Rating Schedule. You qualify for benefits if your impairment rating exceeds zero.
The higher your impairment rating, the longer you will qualify for benefits. Under Florida law, you can receive the following benefits depending on your impairment rating:
- Two weeks of lost wages for every percentage from one to 10 percent.
- Three weeks of lost wages for every percentage from 11 to 15 percent.
- Four weeks of lost wages for every percentage from 16 to 20 percent.
- Six weeks of lost wages for every percentage from 21 and over.
Benefits equal 75 percent of your average weekly wage, pre-injury.
Permanent Total Disability
If your injury is catastrophic and prevents you from returning to work in any capacity, you may qualify for Permanent Total Disability benefits or PTD.
Florida law presumes you have suffered a permanent total disability if you are diagnosed with the following:
- A spinal cord injury causing severe paralysis of an arm, leg, or torso.
- Amputation of an arm, hand, foot, or leg.
- A traumatic brain injury causing severe sensory, motor, or communication disturbances.
- Second or third-degree burns covering more than 25 percent of the body or five percent of the face and hands.
- Blindness.
PTD pays two-thirds of your average weekly wage until you reach the age of 75.
Death Benefits
When a spouse or parent is killed in a work-related accident or dies from an occupational disease, surviving family members may be entitled to workers’ compensation death benefits. These benefits can include the following:
- Funeral bills and expenses, up to $7,500
- Lost wages and income, up to $150,000
Specific parameters apply to how wage benefits are allocated between surviving family members. Working with an experienced workers’ compensation attorney in Tampa can help you better understand how these laws apply to your specific circumstances.
What’s the Process of Filing a Claim for Workers’ Compensation Benefits?
Filing a claim for workers’ compensation benefits in Tampa differs from seeking damages in a civil lawsuit. Both employees and employers must follow the procedures established by the Florida Division of Workers’ Compensation. The process typically includes the following steps:
- Employee notifies employer. Once you suffer a work-related injury or are diagnosed with an illness, you will have 30 days to notify your employer.
- Employee seeks medical treatment. It’s essential to seek emergency medical treatment immediately following your injury or diagnosis. Unless it is an emergency, you must seek care from a pre-approved provider.
- Employer reports the injury to the insurer. Your employer will have seven days from the date they receive notice to submit a First Report of Injury or Illness to their workers’ compensation insurance company.
- Employee receives information packet. The insurer must send an information packet to you within three days of receiving notice of your injury.
- Insurance company approves or denies your claim. If your claim is approved, you should receive a check for benefits within 21 days of when your injury was reported. The insurer also has 120 days to formally deny your claim.
If the insurance company denies your initial request for benefits, you must make a good-faith effort to resolve the dispute with the insurance company.
Your Options for Appealing a Denial of Your Workers’ Comp Claim
If you cannot resolve the dispute, you must file a Petition for Workers’ Compensation Benefits with the Office of the Judges of Compensation Claims, or OJCC. You have two years from the injury or diagnosis date to submit a claim. The insurance company will have 14 days to respond. They can either agree to pay benefits or serve a formal response rejecting your request.
When a petition is rejected, the OJCC typically requires both sides to go to mediation within 130 days of the petition’s filing. There, a neutral third party will oversee the dispute and help the parties work toward a mutually-agreeable resolution.
If mediation is unsuccessful, a judge will hear the case. The judge will issue a decision. If either party disagrees with the decision, they can appeal the case to the First District Court of Appeals.
The claims process can be complicated, time-consuming, and stressful. The best way to navigate the system and obtain a successful outcome is to enlist the help of an experienced and respected Tampa workers’ compensation attorney.
At Farah & Farah, we’ve been helping injured workers navigate tough workers’ compensation disputes for over four decades. In that time, we’ve helped our clients secure much-needed benefits that have allowed them the time and opportunity to recover without added financial burden. Contact us today to speak with a member of our team.
Workers’ Compensation FAQs
Getting hurt on the job can be incredibly stressful. It’s common to have questions about your rights and the legal options available to you. Farah & Farah has the answers you need.
What Is Maximum Medical Improvement?
Maximum Medical Improvement, or MMI, is when your recovery plateaus. Your injury or condition will no longer improve, despite treatment or rehabilitation. Temporary income benefits are exhausted once you reach MMI. However, if you are diagnosed with an impairment, you may qualify for additional wage benefits.
Can I File a Lawsuit If I Receive Workers’ Compensation Benefits?
Yes, but not against your employer. Under the Florida workers’ compensation system, you waive the right to sue your employer for work-related injuries in most situations. However, you can file a lawsuit against a liable third party, such as a manufacturer, property owner, or co-worker.
Through a lawsuit, you can potentially recover compensation above and beyond the benefits available through workers’ compensation, including money for pain and suffering and other non-economic damages.
Do I Need a Lawyer If I’m Submitting a Claim for Workers’ Compensation?
The insurance company handles claims like yours every day. They’ve developed strategies to limit payouts and deny claims. When you hire an attorney, you put yourself on a level playing field and increase the odds of a meaningful financial recovery.
What Does a Workers’ Compensation Lawyer Cost in Tampa?
There is no upfront cost to hire a workers’ compensation lawyer in Tampa. Instead, your attorney will front the litigation costs and assume the risks of taking on the insurance company. Your attorney will only get paid if you win your claim for benefits.
Under the Florida Workers’ Compensation Act, the maximum attorney fees are:
- 20 percent of the first $5,000 in benefits you receive
- 15 percent of the next $5,000 in benefits your receive
- 10 percent of all benefits exceeding $10,000
In most situations, attorney’s fees will be contingent on your financial recovery, meaning you only pay if you receive benefits. However, the insurance company will sometimes cover your attorney’s fees.
Call Our Experienced Tampa Workers’ Compensation Lawyers for Help Today
Don’t try to navigate Florida’s workers’ compensation system alone. Put our team of award-winning Tampa workers’ compensation attorneys in your corner.
When you choose Farah & Farah, you benefit from a trusted team of legal advocates with decades of experience and a proven ability to win.
Let us take on the insurance company. Focus on getting back on your feet. Call our law office in Tampa, FL, at (813) 358-0490 to set up a free consultation now.
Why Should I Choose Farah & Farah to Help with My Workers’ Compensation Claim?
How Our Tampa Workers’ Compensation Attorneys Can Help You Maximize Your Benefits
How Florida’s Workers’ Compensation Insurance System Works
How Long Do I Have to File a Claim For Workers’ Compensation in Tampa, Florida?
What Types of Benefits Can Be Awarded in a Tampa Workers’ Compensation Claim?
What’s the Process of Filing a Claim for Workers’ Compensation Benefits?
Call Our Experienced Tampa Workers’ Compensation Lawyers for Help Today
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