Were you injured on the job in Tampa, FL? Do not let the insurance company unfairly deny your claim, minimize your injuries, or fight your disability claim. A Tampa workplace accident lawyer can help you pursue the full workers’ compensation benefits you deserve. Your case may also be eligible for additional compensation through a third-party claim.
For over 28 years, Catania & Catania, P.A. has fought for injured workers and their families. Contact our law office in Tampa, Florida, or give us a call at (813) 222-8545 today to schedule a free consultation with our workers’ compensation attorneys, who will fight for you.
How Catania & Catania, P.A. Can Help You After a Workplace Accident in Tampa
Many injured workers face an uphill battle in pursuing the compensation they deserve. You may receive a settlement offer that does not cover all your medical expenses or lost earnings. To add insult to injury, your employer or their insurer can choose the doctor who treats you, decides when you can return to work, and determines your level of disability.
These challenges can be a bad deal for injured workers—meaning you need a good attorney to help protect your rights. Our personal injury attorneys in Tampa can help you build the strongest case possible and fight for the benefits you are entitled to. Your lawyer can also explore whether you are eligible to sue outside of workers’ compensation to ensure you are fully compensated.
Catania & Catania, P.A. is an award-winning personal injury law firm in Tampa, Florida. We have represented injured workers in workers’ compensation claims and injury lawsuits for decades. We’ve recovered $500+ million for our clients to date.
Here is what our law office can do to help you after a work-related injury:
- Provide sound legal advice and guidance
- Investigate whether you can pursue additional damages through a third-party claim
- Prepare your workers’ compensation and represent you if your claim is denied or undervalued
- Help you get the medical care and rightful disability rating with an Independent Medical Examiner (IME) and Expert Medical Advisor (EMA)
- Negotiate on your behalf for a fair settlement offer
Do not let the insurance company or your employer treat you unfairly after your work-related accident. Call Catania & Catania, P.A. today for a free consultation with our Tampa workers’ compensation attorneys.
How Common Are Workplace Accidents in Tampa, FL?
Workplace injuries are, sadly, all too common in the United States. Nationwide, 5,333 workers were killed in a workplace accident in 2019. That gives the U.S. a workplace fatality rate of 3.5 fatalities for every 100,000 full-time workers.
Far more workers suffer non-fatal workplace injuries and occupational illness. There were 2.8 million illnesses and injuries on the job in 2019, with a rate of 2.8 injuries for every 100 full-time workers.
Just ten occupations accounted for 33% of all workplace injuries that required time off work:
- Nursing assistants
- Laborers and stock, freight, and material movers
- Heavy and semi-truck drivers
- Light truck drivers
- Construction laborers
- Repair and maintenance workers
- Order fillers and stockers
- Registered nurses
- Retail workers
Industries with the highest numbers of non-fatal workplace injuries and illnesses include:
- Health care and social assistance (575,000)
- Manufacturing (420,000 cases)
- Retail (395,000)
- Accommodation and food service (288,000)
- Transportation and warehousing (227,000)
- Construction (200,000)
In Florida alone, there were 62,328 workers’ compensation claims in 2019, resulting in $1.7 billion in total benefits. Florida also had 306 workplace fatalities in 2019. In Hillsborough County, there were over 3,900 workplace injuries in a single year.
What is My Workplace Accident Case Worth?
How much your injury case is worth depends on many factors. First, your injury lawyer will determine whether you are limited to recovering benefits through workers’ compensation. If workers’ comp is your sole recourse, there is a cap on your temporary and permanent disability benefits. Moreover, you are not eligible for compensation for pain, suffering, and other personal losses.
Your work-related injury case is worth more if you can pursue compensation through a third-party lawsuit. In this case, you can recover your full lost earnings, pain and suffering, mental anguish, and more.
Contact a Tampa injury lawyer at Catania & Catania, P.A. today for a free consultation to discuss what you may be entitled to recover.
What Kind of Damages Are Available After a Work-Related Accident?
Under Florida’s workers’ compensation system, injured workers are generally barred from suing their employer if they are injured on the job. However, your accident most likely entitles you to workers’ compensation benefits—regardless of fault.
If a negligent third party caused or contributed to your accident, you can seek additional damages outside of workers’ comp through a third-party claim.
The main Florida workers’ compensation benefits include the following:
Workers’ compensation pays for reasonable medical care related to your accident. Treatment must be authorized by the workers’ comp insurance carrier.
Temporary Disability Benefits
Temporary disability is designed to replace your wages while you are away from work. You are entitled to two-thirds of your average weekly wages up to a legal maximum.
If you have a qualifying severe injury, your benefit rate is higher: 80% of your average weekly wages for the first six months with no cap.
Temporary total disability lasts until your doctor says you can return to work, you reach maximum medical improvement (MMI), or you have received benefits for 260 weeks.
Temporary partial disability benefits can continue if you have not reached MMI but your doctor has allowed you to return to work with restrictions. In this case, benefits are 80% of the difference between 80% of pre-injury earnings and current earnings.
Permanent Impairment Benefits
Once you reach MMI or soon before temporary total benefits expire, your physician will determine if you have an impairment. You might have a permanent impairment due to lost function or lasting medical issues.
If you can continue to work with limitations, your doctor will assign an impairment rating. This determines how long permanent impairment benefits last.
These benefits are capped at 75% of your temporary total disability rating up to a limit. If you earn at least as much as you did before your accident, the benefit amount is reduced by 50%.
Permanent Total Disability Benefits
If your disability prevents you from performing any type of work, you can receive permanent total disability benefits. These benefits will continue for life or until you are 75, depending on your eligibility for Social Security benefits. Certain work-related injuries automatically entitle you to permanent total disability.
You can see the minimum and maximum compensation for disability benefits from the Division of Workers’ Compensation. In 2021, disability benefits are capped at $1,011 per week.
Third-Party Personal Injury Claim
If you are entitled to pursue a third-party claim, you may recover additional damages, such as:
- Lost wages exceeding the workers’ compensation caps
- Personal losses such as pain, suffering, disfigurement, reduced quality of life, loss of consortium, distress, and anguish
- Other losses not covered by workers’ comp
Contact Catania & Catania, P.A. for a free case review with a Tampa workplace accident lawyer. We will help you explore the benefits and damages you may be entitled to recover.
We Will Fight for the Compensation You Deserve for All Your Work-Related Injuries
Catania & Catania, P.A. is committed to fighting for the full compensation you deserve for the serious and life-changing injuries you have sustained.
Our law office represents workers who have suffered injuries such as:
- Brain injuries
- Spinal cord injuries
- Catastrophic injuries
- Traumatic amputation
- Back injuries
- Eye injuries
- Hearing loss
- Crush injuries
- Musculoskeletal injuries
- Repetitive stress injuries
- Respiratory illness and other occupational illnesses
Contact a Tampa personal injury attorney at our law office to discuss your case. We will explore all avenues for compensation to help you preserve your quality of life and financial security.
What Causes Most Workplace Accidents in Tampa, Florida?
An on-the-job injury can occur in any occupation and workplace, from construction sites to offices. The most common causes of work-related accidents depend on the industry.
The following are common causes of injuries in the most high-risk industries.
Construction is Florida’s most dangerous industry, having the highest rate of workplace fatalities. Nationwide, 20% of worker deaths are in construction.
Common causes of construction accidents include:
- Falls, slips, and trips
- Falling objects
- Caught in or between objects
- Electrical shock
- Heavy machinery accidents
- Traffic accidents
- Toxic exposure
Accidents on construction sites may be caused by safety violations, a lack of fall protection, trip hazards, defective machinery, and inadequate oversight or training.
Warehousing & Transportation Accidents
Transportation and warehousing has one of the highest injury rates in the U.S., with 4.8 recorded cases per 100 workers. This compares to the rate of 2.8 cases per 100 workers across all industries.
Warehouse accidents may involve forklift accidents, toxic exposure, lifting injuries, pallet rack collapse, falling objects, and slip and falls.
Manufacturing is responsible for 42% of occupational illnesses and 15% of non-fatal work-related accidents. Factory workers may be hurt in accidents involving heavy machinery, toxic exposure, falling objects, burns, repetitive strain, and overexertion.
Retail & Service Industries
Retail and service industry workers suffered 410,000 occupational injuries and illnesses in 2018. Workers frequently suffer injuries due to slip and falls, repetitive stress, burns, and falling objects.
Among restaurant workers, 22% of workers’ compensation claims involve punctures or lacerations, followed by slips and falls (20%), soft tissue injuries (15%), and burns (13%). The average restaurant has four workers’ comp claims every year.
Do I Need to Prove Negligence After a Work-Related Accident in Florida?
The workers’ compensation system in Florida is a no-fault system. You do not need to prove negligence by your employer or anyone else to recover benefits for workplace injuries.
If you are pursuing compensation from a third party, your case will require proving negligence. You may have a case against a general contractor, subcontractor, manufacturer, motorist, or other third party. Your personal injury lawsuit requires proving the defendant owed you a duty of care, violated this duty, and caused your accident.
Catania & Catania, P.A. can help you understand what will be necessary to prove your case and seek the compensation you deserve.
How Long Do I Have to File a Workplace Accident Lawsuit in Florida?
You must report your workplace accident to your employer within 30 days. If your claim is denied, you have two years to petition the Employment Assistance Office for benefits.
If your case is eligible for a third-party personal injury lawsuit, there is a four-year statute of limitations. If you miss this deadline, you cannot recover any compensation for your injuries.
Contact a Tampa Workplace Accident Lawyer for a Free Consultation
When you suffer a serious work-related injury, you should not be forced to fight an insurance company for fair compensation. You deserve to focus on healing. Call Catania & Catania, P.A. to fight the insurance company on your behalf and get what you deserve.
Contact our law firm today for a free case review with a Tampa workplace accident lawyer.