Although Florida has a no-fault workers' compensation system, getting benefits from a work-related injury or occupational illness is not easy. Based in Saint Petersburg, the workers' compensation attorneys at Gibbons and Gibbons have the experience it takes to help injured workers throughout Florida get the compensation they deserve.
Lynn has been a Board Certified Specialist in Workers" Compensation since 2002. She passed the incredibly difficult exam on her first attempt and was one of the first attorneys to take the exam on a laptop computer instead of on a Scan-Tron machine.
We can monitor your case to make sure you receive all of the benefits to which you are entitled, maximize the settlement value of your case and help you to avoid the creative trickery that workers compensation adjusters frequently employ to try to minimize the benefits afforded to the injured worker or to completely shut down their case.
We possess the skills and legal expertise necessary to beat your Employer and their Carrier's denial of your case - obtaining all of the benefits to which you are entitled under the law and beefing up the settlement value of your claim as we secure benefits for you. We will not charge you a fee for obtaining benefits for you - but will only ask for your support as we ask the court to approve our attorneys fees and costs which are payable by the Employer/ Carrier.
We know how to gather and present evidence of your work injury or illness, improving your chance of getting the benefits you need. We will aim to get the insurance company to settle your case in your favor–as quickly as possible. As aggressive trial attorneys with over 37 years of combined experience, we are prepared to take the fight into the courtroom if necessary.
Get The Benefits You Deserve | No Fees Unless We Win
For almost 30 years, our mission has been to treat the injured and disabled how we would want to be treated. So, our legal consultations are free, and we do not charge our clients any legal fees unless we recover compensation for them.
Please read these frequently asked questions for more information about workers' compensation. To discuss your workplace injury and rights with one of our lawyers, schedule a consultation by calling 727-633-0000 or contacting us online.
Workers' Compensation FAQs
Any injury sustained by an employee while performing duties related to their job is considered work-related. These can include a sudden accident or repetitive trauma; for instance, a typist developing carpal tunnel syndrome or any illness stemming from the nature of an individual's work, repetitive trauma, or exposure.
Workers' compensation is an exclusive remedy, meaning an employee cannot bring an injury or negligence claim against their employer. An employee can, however, file suit against a third party believed to have contributed to an accident and injury. It is important to note that the worker's compensation system has no damages for pain and suffering.
Under Florida statutes, workers' compensation is payable regardless of fault or cause of injury. The exception to this rule is if any form of intoxication caused an employee's injury on the job or with willful intent to harm oneself.
An injury should be reported directly to an employer within 30 days. Not only are you obligated to report your injury, but you must also request that your employer furnish you with authorized medical care. Failing to take these steps in a timely manner may prevent you from recovering any benefits. Contact us - we can help you immediately to preserve your rights to compensation.
An exception to the 30-day rule would be if the condition the employee is suffering from is not an open and obvious injury, the cause of which could be determined without a medical opinion. This rule allows the employee 30 days from the date they first received a medical opinion causally relating the injury to the alleged accident to report the injury.
It is against the law for an individual to be fired for filing a worker's compensation claim. This action is called retaliatory discharge, and it would result in another potential cause of action. However, Florida is a right-to-work state, so an employer can fire an employee for any non-discriminatory reason or no reason at all.
An injured worker has a two-year window to file a workers' compensation claim. If the claim is not filed within those two years, it is forever barred. There are some exceptions to this rule, so ask us if it has been over two years since your injury happened and you have not treated with an authorized doctor for more than one year.
An employer must pay for necessary medical treatments, testing, rehabilitation, and prescription drugs associated with a work injury. Death benefits, payment for missed work time, and compensation for permanent disability may also be available. Medical and lost wage benefits are the only two classifications of benefits available. There is no compensation for pain and suffering or loss of enjoyment of life.
A worker's first check is typically received within 21 days of reporting their injury to an employer. The carrier does not have to pay the first week of lost wages until the injured worker is out for at least a week. If benefits are paid more than 14 days from the date they are due, the carrier must pay penalties and interest.
An individual receiving workers' compensation is entitled to two-thirds of their gross wages from time lost if they are on a no-work status. Suppose they are released to work but cannot earn at least 80% of their pre-injury earnings due to the injury. In that case, they are entitled to temporary partial disability benefits, calculated at 80% of the difference between the earnings and 80% of the average weekly wage. Temporary disability benefits are payable for up to 5 years.
A claimant has the right to report their injury directly to their employer's insurance company. If you cannot determine who the insurance company is, you should seek legal counsel quickly so that the injury is reported within 30 days.
For further information, please call our office today! There were drastic changes in workers' compensation laws in 1990, 1994, 2003, and 2012, resulting in reductions in the amount and duration of workers' compensation benefits available to injured workers. E. Lynn Gibbons, Katelynn Gibbons, and Reilly Gibbons are dedicated to helping injured employees receive every benefit possible for their injuries to maximize their recovery.
Anchored in Justice, Sailing Towards Your Compensation
