Clearwater Workers' Compensation Attorneys
Whether you got hurt at a construction site while operating a new piece of machinery, or you suffered a serious injury to your thumb from typing too much, you need critical answers to questions about Clearwater workers' compensation law.
Why does Clearwater workers' compensation exist?
Around 100 years ago, employees who got hurt at work had basically one option to get compensated for their medical bills and time off work - to sue their employers.
This situation created massively clogged courts and resulted in very unjust resolutions. So employees and employers struck a bargain and created the workers' compensation system. The system allows hurt workers to get compensated for time on disability and medical bills in exchange for employees foreswearing the right to take their bosses to court over injuries.
So this means that I can't sue my boss for my injury?
In general, you can't. Exceptions apply. For instance, if your boss made you do something that was incredibly stupid and obviously dangerous - in other words, acted with "gross negligence," - you may be able to pursue a lawsuit. But gross negligence is a hard charge to prove - and in general you don't need to prove anything like that to start collecting benefits.
Can my boss fire me while I am on workers' comp?
Yes. Florida law does not require that your employer hold your position while you are recovering. That said, your boss cannot fire you because you filed for workers' comp. This is a very important distinction. If your boss retaliates against you, that's illegal, and your employer can get into some serious trouble for doing that.
When should I tell my employer about the accident?
Right away. The longer you wait to report your accident, the longer it will take to start getting your benefits. There is zero advantage to keeping your accident "a secret."
What are some situations in which an injured worker in Clearwater might ask for workers' comp?
- Work-related motor vehicle accident - For instance, if you are a truck driver who -- in the middle of a delivery -- got sideswiped by a car and suffered whiplash. since you were on an official work-related mission, you should be able to get workers' comp benefits.
- Acute injury - Both a construction worker who loses a digit in a malfunctioning piece of equipment and a dockworker who hurts his back while lifting a crate should qualify for workers' comp.
- Exposure to environmental toxins - For instance, a roofer who inhales toxic organic fumes and suffers a serious lung ailment should be able to get workers' compensation.
- Soft tissue injuries - Anyone who does anything repetitive in their day-to-day work can get what are known as repetitive stress injuries (RSIs), including carpal tunnel syndrome, cubital tunnel syndrome, tennis elbow, and so forth. As long as the RSI can be clearly tied to the type of work you were doing, you should be able to get workers' comp.
What steps should I take if my employer does not want to cooperate with me?
When you are injured and trying to recuperate, the last thing you want to deal with is bureaucratic red tape and an uncaring employer or insurance company. Fortunately, you don't have to fight this alone. Turn to the law offices of Farah & Farah (based in Jacksonville) for a free and immediate consultation. Dial 800-533-3555, or go to www.farahandfarah.com to explore free articles and additional about how Farah & Farah can help you.
Clearwater Personal Injury Resources
- Clearwater Personal Injury
- Clearwater Car Accidents
- Clearwater Medical Malpractice
- Clearwater Motorcycle Accidents
- Clearwater Nursing Home Abuse
- Clearwater Premises Liability
- Clearwater Social Security Disability
- Clearwater Truck Accidents
- Clearwater Workers’ Compensation
- Clearwater Wrongful Death
Our personal promise: Accident victims have specific rights, but by law you have a limited time to take action. When you use our team at Farah & Farah, there are NO up-front charges.
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Our fee is a percentage of the money awarded payable only when your case is successfully concluded. No matter how many times you call and how long we talk, there is NO CHARGE or cost until your case settles. Do not sign any releases, agreements or give any statements until you have spoken with us about your legal rights. When it comes to getting you more, we won't settle for less!
We personally promise that you will be treated with the respect and dignity you deserve. We promise to keep you up to date and informed as to developments in your case. Your case is important to us, regardless of size.
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