St. Petersburg Workers Compensation Lawyer
Workers compensation benefits take the place of personal injury lawsuits and settlements for employees who were injured on the job or became sick as a result of the work they performed. And, workers compensation is no-fault protection, meaning that even if the injury was the worker’s fault, such as dropping a heavy beam on their foot, they will be covered. If you have questions or need assistance contact our experienced St. Petersburg workers compensation lawyers today.
Types of Workers Compensation
Workers compensation is designed to cover most medical costs associated with the injury. On top of that, there are lost wage benefits. There are four types of workers compensation wage benefit classifications available to workers in various conditions of impairment. Temporary total disability covers 66-⅔ percent of the worker’s original wages. Temporary partial disability pays 64 percent, or up to 80 percent, of the worker’s wages. Permanent total disability is a benefit that lasts up until the worker reaches the age of 75, or for five years if the workers was 70 or older at the time of the injury. And finally, impairment benefits may be given depending on the severity and lasting effects of the injury.
When Workers Compensation is Denied
Whether the injury was the fault of the employer or the employee, coverage will be granted in the same quantity. There are, however, a few stipulations to this rule. If it is found that the employee had a blood alcohol level of 0.08 or greater, or had prohibited drugs in their system, it may be assumed that their level of intoxication was the cause of the work accident, according to Florida statutes 440.09. If the employee works in a drug-free workplace, workers compensation benefits may be denied unless it can be proven that the drug or alcohol had no bearing on the injury’s cause. Very often, denials of workers compensation are unfair. The employer may deny that the injury occurred at work, that the injury is severe, or that the employee is being truthful. If you have been denied benefits, contact an lawyer at once.
When an Employee Can File a Lawsuit
According to the Florida Bar Journal, workers compensation was introduced to replace all other liability and to make employers immune from lawsuits, “except in the most egregious circumstances.” An injured employee may be able to file a personal injury lawsuit against various parties if one of the following conditions applies to their specific injury:
- The injury or illness was caused by a toxic substance;
- The injury or illness was caused by a defective product (the manufacturer may be sued);
- A third party was responsible for the injury;
- The injury or illness was caused by the intentional or egregious actions of the employer; and
- The employer does not have workers compensation insurance.
Contact Our St. Petersburg Workers Compensation Lawyers
If you were injured on the job, contact the workers compensation lawyers of the St. Petersburg law office of Barbas, Nuñez, Sanders, Butler & Hovsepian at 1-800-227-2275 today. In the state of Florida you have 30 days from the date of the injury to notify your employer of the injury.
