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Most work-related injuries, diseases, illnesses, and even deaths that occur in the Sunshine State fall under the state workers’ compensation laws. Workplace injury law for Tampa, Florida, state workers’ comp can be complicated. It would be in the best interest of a worker who sustained an on-the-job injury to seek the advice of a Tampa workers’ compensation lawyer from Burnetti, P.A..
If it is a no-fault situation, which means the staff doesn’t have to show there was negligence in order to recover damages suffered. A worker should report their Tampa work-related injury to their supervisor within 30 days following the accident. This is important to ensure that the injured worker stays within the work injury settlement guidelines.
At that point, the worker has two years to proceed with a workers’ compensation benefits claim following the initial injury report. Consider contacting a Tampa work injury lawyer much sooner than 30 days.
If you have suffered injuries while engaged in work duties at your place of employment in Tampa, you must understand how the Florida workers’ compensation law works. The system’s goal is to bypass the traditional method of civil proceedings, which could take several years, and that forces the injured victim to show proof of negligence with the help of a Tampa workplace injury lawyer, otherwise known as a workers’ compensation lawyer.
The state workers’ compensation system permits an injured worker to get part of their lost wages as well as some of their medical expenses in a generally fast manner while not having to prove negligence. Hurt workers often lose out on a number of the damages offered in alternative personal injury claims because they can’t sue their employer in civil court. No damages for pain and suffering damages are permitted through Florida’s workers’ compensation system.
As you report your workers’ comp claim, you must ask your leader what doctor you’re permitted to see; solely doctors approved by your place of employment or the insurer are eligible for payment through the state workers’ compensation system. Your employer can respond by telling you to contact the insurance company that takes care of their workers’ compensation claims. If that happens, there ought to be a workers’ compensation poster displayed in your place of work that contains the name and telephone number of the claims handler. These documents are posted in work areas, such as locker rooms or areas used for breaks.
Your place of employment has seven days according to state law to report your injury to their insurer. If your supervisor doesn’t do this and doesn’t offer to give you a telephone number to get in contact with the insurer, you’ll need to contact the Florida State Division of Workers’ Compensation hotline for facilitating, at 1-800-342-1741. You should also contact a workers’ comp attorney in Tampa, FL.
If it is an emergency and your supervisor hasn’t informed you at that time where you can go for medical care, or you are unable to contact your supervisor, you must head to the closest ER. When you’re in a position to do so, you must let your supervisor know what is going on.
In emergency situations:
There are different kinds of compensation you might be eligible to receive if you are hurt on the job. Florida workers’ compensation provides several types of benefits to injured workers:
Coverage: 100% of reasonable and necessary medical treatment
Includes:
Note: You must use pre-approved medical providers unless it’s an emergency.
Eligibility: Cannot work for more than 7 days
Payment: Two-thirds (66⅔%) of your average weekly wage
Duration: Up to 104 weeks (2 years)
When it starts: 8th day of missed work (first 7 days paid at lower rate if out more than 21 days)
Severe injuries: 80% of regular pay for first 6 months
Eligibility: Can work but earning less than 80% of pre-injury wage
Payment: 80% of the difference between pre- and post-injury wages
Duration: Up to 104 weeks (combined with TTD)
This helps bridge the income gap when you can work but with restrictions.
When Available: After reaching Maximum Medical Improvement (MMI)
Payment Rate: 75% of pre-injury average weekly wage
Duration Based on Impairment Rating:
For Catastrophic Injuries:
Payment: Two-thirds of average weekly wage until age 75
For Surviving Family Members:
Specific allocation rules apply for surviving spouses, children, and dependent parents.
If permanent work restrictions are keeping you from returning to your regular work duties, you might be able to get re-employment services from workers’ compensation. If you have this problem, the workers’ comp bureau and the Office/Reemployment Services Section will assist you with this. Services that you might be able to receive could include:
Sometimes the insurance company fails to provide benefits that you should receive. If this is the case, you must attempt to settle the issue with the insurance adjuster, and if that doesn’t work contact the adjuster’s manager for further help. If the insurance company won’t agree to cover benefits which you think you are entitled to receive, file a Petition for Benefits (PFB) with the Office of the Judges of Compensation Claims (OJCC). At this point, you need to enlist the help of a workers’ comp attorney in Tampa.
The jurisdiction of the OJCC begins with the filing of the PFB with the Central Clerking Office in Tallahassee. Once a case number is assigned, you can monitor the status of your case on the OJCC website. Once filed, your PFB will be scheduled for mediation, except in rare events, when a PFB is scheduled for an expedited final hearing.
Even if mediation is planned, a trial or final hearing might be scheduled simultaneously, or quite some time after the mediation. This depends on the judge assigned to the PFB. There are some Judges who will set up the final hearings as soon as a petition is filed, while others set up final hearings following an unsuccessful mediation. A pretrial hearing takes place before any final hearing. A written exchange might be your pretrial hearing if you have a workers’ compensation lawyer in Tampa.
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If your Tampa employer must offer workers’ compensation coverage, the company is responsible for offering medical treatment coverage through an insurer. This treatment includes care from an authorized primary physician and any medically necessary specialists. It must cover all medically necessary treatment authorized by a licensed medical professional, including physician visits, hospitalization, x-rays, MRIs, physical therapy, prescription drugs, and medical supplies and devices. Mileage reimbursement for any medical visits to those on the approved list must be covered as well. If you believe your employer is violating the law with your compensation case, contact our workers’ compensation attorneys in Tampa.
Make sure that the doctor sends all bills to your place of employment for payment.
As experienced workers’ compensation lawyers in Tampa, FL, we understand the complexities of Florida workers’ compensation law and how it affects Tampa Bay area workers. Our legal team has successfully helped hundreds of injured workers throughout Tampa, Hillsborough County, and surrounding Florida communities recover the benefits they deserve.
Board-Certified Civil Trial Lawyer and founder of Burnetti, P.A., Doug Burnetti has spent his career fighting for the injured across Florida. Known for his courtroom skill and dedication to justice, he leads a firm built on integrity, strength, and results—recognized by Florida Super Lawyers and Martindale-Hubbell® for excellence in trial advocacy.
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While not required, having a Tampa workers’ compensation lawyer significantly increases your chances of receiving full benefits. Insurance companies handle claims like yours every day and have strategies to limit payouts. An experienced attorney levels the playing field.
There are no upfront costs. We work on contingency, meaning you only pay if we win your case. Florida law sets maximum attorney fees at:
You cannot sue your employer, but you may be able to file a lawsuit against third parties, such as:
Third-party lawsuits can provide additional compensation, including pain and suffering damages not available through workers’ comp.
MMI is when your recovery plateaus, and your condition will no longer improve despite continued treatment. Temporary income benefits end when you reach MMI, but you may qualify for permanent impairment benefits if you have lasting restrictions.
Florida requires workers’ compensation coverage for:
If your employer is required to carry workers’ comp insurance but doesn’t, you may be able to sue them directly in civil court for your injuries. This can result in much higher compensation, including pain and suffering damages.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. It was approved by attorney Doug Burnetti, founder of Burnetti, P.A., a board-certified civil trial lawyer with experience handling cases involving auto accidents, premises liability, medical malpractice, nursing home neglect, and product liability.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1-800-287-6388.
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