- Workers' Compensation
For some reason, a lot of the people our Tampa workers comp lawyers meet with assume workers comp is only for blue-collar workers. In a way, we can understand why you would think that. Blue-collar workers tend to do much more dangerous work than white-collar workers.
However, anybody who is injured on the job in Florida should be entitled to workers comp benefits.
Most Workers’ Compensation Claims Are Filed by Blue-Collar Workers
It is true that most workers’ compensation claims are filed by blue-collar workers. This is mainly because these employees tend to do more physical work than white-collar employees.
They may work in construction or as an electrician. They are simply exposed to more hazards than their white-collar counterparts.
It is hard to imagine an accountant using a bulldozer or jackhammer. It’s the same as envisioning a truck driver filling out spreadsheets or preparing financial statements.
People Who Do Physical Work Are More Likely to Get Hurt on the Job
If you do physical labor at your job, there is a much higher risk of your getting hurt. Some of the more dangerous jobs in the blue-collar sector include the following:
- Oil and gas workers
- Truck drivers
- Construction workers
- Loggers
- Utility workers
Of course, there are many other jobs that put people’s lives at risk. The point is that someone who works in a factory or outside is more likely to get hurt than someone who works in an office.
Our Tampa Workers Comp Lawyers Have Represented Plenty of White-Collar Workers
Just because blue-collar workers are more likely to get injured doesn’t mean white-collar employees don’t get hurt on the job. Our Tampa workers comp lawyers have handled hundreds if not thousands of cases for white-collar workers.
Some people who work white-collar jobs suffer the same kinds of injuries as blue-collar workers. For example, a salesperson who travels from client to client could get hurt in a car accident. They’ll suffer the same kind of physical injuries as a truck driver or taxi driver.
The Workers’ Compensation Laws in Florida Apply to All Workers
The truth is that it doesn’t matter what you do for a living. If you get hurt on the job, you should be entitled to workers comp benefits. As long as your Tampa workers comp attorney can prove that you meet the criteria for workers comp, there shouldn’t be an issue.
Some of the requirements for workers’ compensation in Florida include the following:
- Your injuries must take place on company time.
- Your injuries must take on company property unless you’re working remotely, traveling for business, or driving or running an errand as part of your job.
- You must be acting within the scope of your employment at the time of the accident.
- You cannot be under the influence of drugs or alcohol at the time of your workplace accident.
- You must report your injuries to your employer immediately.
- You must submit to a drug test if requested by your employer.
- You can only be treated by an approved workers’ comp doctor.
- You must comply with your doctor’s treatment regimen.
If you meet these basic criteria, there’s a good chance your Tampa workers comp attorney will get you the benefits you deserve.
What Kind of Injuries Would a White-Collar Worker Suffer on the Job?
You may be wondering what kind of injuries a white-collar worker would suffer. Ironically, while they may get hurt doing different tasks, the injuries tend to be the same as those suffered by blue-collar workers.
Some of the more common injuries our Tampa workers comp lawyers have seen over the years include:
- Neck and back injuries
- Traumatic brain injury
- Whiplash
- Broken bones
- Lacerations and contusions
- Sprains and strains
- Pulled muscles
- Carpal tunnel syndrome
- Hearing or vision loss
You could suffer any sort of injury while at work. Even if you’re extremely careful, there’s no telling what situations you could find yourself in.
Are the Benefits the Same for All Workers?
As explained above, to qualify for workers’ compensation benefits, you must meet certain criteria. Once your claim is approved, you’ll be entitled to certain benefits. These benefits will be the same regardless of what kind of work you do.
Once approved, you will be entitled to coverage for any medical care you need. This coverage is limited to treatment of your work-related injuries. You won’t be treated for high blood pressure if you suffer a back injury.
You’ll Be Entitled to Weekly Replacement Wages
In addition to medical care, you’ll be entitled to weekly replacement wages. These will be equal to two-thirds of your average weekly wages. For example, if you normally make $500 per week, you would be entitled to $333 per week in benefits.
These benefits do not start until you’ve missed at least seven (7) days from work. Furthermore, you won’t be paid for the first seven days unless you are out of work for more than twenty-one days. If that is the case, you’ll receive a retroactive payment for this first seven-day period.
Your Tampa Workers Comp Attorney Will Make Sure Your Benefits Are for the Right Amount
When your employer submits your workers comp claim to the insurance company, they must provide them with your wage information. This is the only way the insurance carrier will know how much your benefits are supposed to be.
Your employer will take your last 52 weeks of pay. They will total them and then divide the total by 52. This will be your weekly average. They will then multiply this number by 2/3 and that is how much you’ll receive.
Your Tampa Workers Comp Lawyer Will Make Sure Your Claim is Handled Properly
Regardless of what you do for a living, if you get hurt on the job, you have rights. Any employee who gets injured while at work is entitled to worker compensation benefits. Of course, there are exceptions to this rule. We suggest that you call one of our workers comp lawyers in Tampa to find out what your rights are.
As long as you meet the criteria for workers’ compensation, there’s no reason why you shouldn’t receive benefits. Your Tampa workers comp attorney will reach out to your employer and make sure your claim is handled properly.
For now, what you should do is call our office and schedule your free, initial consultation. Sit down with a seasoned worker’s comp lawyer in Tampa and find out how best to proceed.