Personal Injury Workers Compensation Attorney in Brandon
Workers compensation laws were established to protect injured employees. If a company is not paying you the benefits you deserve, Curry Law Group will fight to get you the fair compensation you're entitled to throughout the Tampa Bay Area.
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Understanding Workers Compensation Law
Workers compensation laws have been established to provide quick and hassle-free compensation for injured employees without overcrowding our courtrooms. Workers compensation law prohibits someone from filing a lawsuit against their employer due to an injury or disability they have received. In return, the employer or its insurance company must pay benefits to the employee. However, this does not always happen, and hiring an experienced workers compensation attorney can help.
Key Requirements for Workers Compensation
The most important factor for workers compensation law is that it only works if the injury took place on the job site or in the course of performing one's job-related duty. Under workers compensation law, an employee is given monetary assistance as well as medical benefits during the time in which they are recovering from a job-related injury. While workers compensation does cover a work-related accident, it doesn't necessarily apply when either the employer or employee has been negligent.
Benefits You Are Entitled To
Workers compensation benefits typically include: medical treatment for work-related injuries or illnesses, temporary disability benefits while you're unable to work, permanent disability benefits if you have a lasting impairment, job displacement benefits if you cannot return to your previous job, and death benefits for dependents if a worker dies from a work-related injury. Not receiving all of these benefits is grounds for legal action.
When to Contact an Attorney
Workers compensation laws are considered to be quite complex, and they are different in each state. If you are eligible for compensation, income or death benefits and you have not received what is due to you, you can easily approach an attorney who specializes in workers compensation to help. Smart employers will have some type of insurance that will give them financial assistance. Also, if an employee takes the money and benefits, they are then not able to seek out more damages with a lawsuit.
Frequently Asked Questions
My employer says I'm an independent contractor — do I have workers' comp rights? Possibly. Many workers misclassified as contractors are actually employees entitled to workers' comp. Can I sue my employer for my work injury? Generally no, but you may have claims against third parties who contributed to your injury. What if my workers' comp claim is denied? Contact us immediately. You have appeal rights and strict deadlines apply.
Contact Curry Law Group Today
If you or a loved one is in need of legal representation or counsel in a workers compensation lawsuit, please call the Curry Law Group. Our firm services the entire Tampa Bay Area and would like the chance to represent you. Call 813-653-2500.
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Key Legal Terms
Important Personal Injury Terms
Understanding these terms can help you make informed decisions about your case.
Assumption of Risk
A defense arguing the injured person voluntarily accepted the known dangers of an activity. In Florida, it can reduce or bar recovery depending on the type of risk assumed.
Read full definitionBad Faith Insurance
An insurer's unreasonable refusal to settle or pay a valid claim. In Florida, a bad faith claim can expose the insurer to damages beyond the policy limits.
Read full definitionBreach of Duty
A failure to meet the standard of care that a reasonably prudent person would exercise under similar circumstances. Breach of duty is a required element of any negligence claim.
Read full definitionBurden of Proof
The obligation of a party to prove a disputed fact. In most personal injury cases, the injured person bears the burden of proving each element of their claim by a preponderance of the evidence.
Read full definitionCausation
The link between a defendant's conduct and the plaintiff's injury. A plaintiff must prove both actual cause (but-for) and proximate cause to recover damages.
Read full definitionCausation Letter
A doctor's written opinion that your injury was caused by the accident. Insurance companies often require this note to connect your pain to the incident before they will pay.
Read full definitionStart Consultation
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Curry Law Group — Personal Injury Series
Watch our attorneys break down real personal injury scenarios, evidence tips, and what to expect after an accident in Hillsborough County.
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Forms & Common Questions
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Personal Injury Questionnaire
Complete this before your consultation if you've been injured in an accident.
Top-Asked Questions
In Florida, you typically have four years from the date of injury to file a personal injury lawsuit. However, this deadline (called the statute of limitations) can vary depending on the type of injury and circumstances. It's important to act quickly because evidence can disappear and witness memories fade. We recommend contacting an attorney as soon as possible after an injury.
You may recover damages for medical expenses (past and future), lost wages, pain and suffering, emotional distress, disability, scarring, and loss of enjoyment of life. In cases involving gross negligence or intentional acts, you might also be eligible for punitive damages. The specific damages available depend on your injury and the circumstances of your case.
Most personal injury cases settle before trial. During settlement negotiations, we work with insurance companies to reach a fair agreement for your injuries and losses. However, if a fair settlement cannot be reached, we're fully prepared to take your case to trial. We'll never pressure you to accept a settlement you're not comfortable with.
The value of your case depends on many factors: the severity of your injuries, medical expenses, lost wages, permanent disability, pain and suffering, and the strength of liability evidence. We provide a thorough case evaluation during your consultation. Insurance companies often undervalue claims—that's why having an experienced attorney is crucial.
Florida uses "comparative negligence" rules. Even if you're partially at fault, you may still recover damages—reduced by your percentage of fault. For example, if you're 20% at fault and damages are $100,000, you'd recover $80,000. However, if you're found to be more than 50% at fault, you cannot recover any damages.
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