Workers' Compensation

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Phone: 727-347-7733
Toll Free: 800-341-8338

Fax: 727-327-6125

Location:
4455 Central Avenue
St. Petersburg, FL 33713

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Worker's Compensation FAQs

Accomplished Workers' Compensation Attorneys

Practicing In Saint Petersburg, Tampa, Sarasota And Throughout Florida

Although Florida has a no-fault workers' compensation system, it is not easy to get benefits following a work-related injury or occupational illness. Based in Saint Petersburg, the workers' compensation attorneys at Jorgensen Gibbons, P.A., have the experience it takes to help injured workers throughout Florida get the compensation they deserve.

E. Lynn Gibbons, a board-certified workers' compensation attorney, leads the workers' compensation department at Jorgensen Gibbons, P.A.. Only 2 percent of all lawyers in Florida hold this distinction.

If you suffered a workplace injury in Florida, you have the right to receive compensation for your injuries and lost wages regardless the cause of the injury. However, insurance companies and employers frequently deny claims and minimize the benefits paid to injured workers.

You do not have to accept this. We can help.

Is Legal Action The Right Choice?

When your employer or an insurance company disputes your work injury claim, contact Jorgensen Gibbons, P.A., to protect your rights. Our lawyers have an excellent track record in workers' compensation cases — in fact, partner attorney E. Lynn Gibbons has never lost a permanent total disability benefit case.

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 more than 75 years of combined experience, we will be prepared to take the fight into the courtroom if necessary.

Get The Benefits You Deserve | No Fees Unless We Win

For over 30 years, our mission has been to treat the injured and disabled how we would want to be treated. So, our legal consultations are completely free, and we do not charge our clients any legal fees unless we recover compensation for them.

For more information about workers' compensation, please read these frequently asked questions. To discuss your workplace injury and your rights with one of our lawyers, schedule a consultation by calling 727-347-7733 or 800-341-8338, or by reaching out to us online.

Workers' Compensation FAQs

What is a compensable work-related injury?

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.

Can I sue my employer for negligence?

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 there are no damages for pain and suffering in the workers compensation system.

Do I have to prove that someone else was negligent to win workers compensation benefits?

Under Florida statutes, workers' compensation is payable regardless of fault or cause of injury. The exception to this rule is if an employee's injury was caused by any form of intoxication on the job or with willful intent to harm oneself.

How much time do I have to report my injury?

An injury should be reported directly to an employer within 30 days. Not only do you have an obligation to report your injury, but you must also request that your employer furnish you with authorize medical care. Failing to do this in a timely manner may prevent you from recovering any benefits.

Could I lose my job as a result of my work injury?

It is against the law for an individual to be fired for filing a worker's compensation claim. This 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 for no reason at all.

How much time do I have to file a worker's compensation claim?

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 1 year.

What kinds of benefits are covered under workers compensation?

An employer is required to 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.

When will I be paid my lost wages?

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.

What will I be paid for my lost wages?

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. If they are released to work but are unable to earn at least 80% of their pre-injury earnings as a result of the injury, they are entitled to temporary partial disability benefits which are calculated at 80% of the difference between the earnings and 80% of the average weekly wage. Temporary disability benefits are payable for only 104 weeks or two years, but this issue is currently on appeal to the Florida Supreme Court.

What should I do if my employer won't report my injury?

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, and 2003 resulting in reductions in the amount and duration of workers' compensation benefits available to injured workers. Sharon Jorgensen and Lynn Gibbons are dedicated to helping injured employees receive every benefit possible for their injuries to maximize their recovery.