Wednesday, May 27, 2009

Do You Have a Valid Worker’s Compensation Case for Tampa Courts?



Tampa Worker’s Compensation Attorney

Compensation cases are common in work places because of the injuries that usually take place that are related to the job. Once a worker is injured, he is entitled to compensation. If this compensation is not given by the employer, the worker has the right to file a claim in Tampa courts in order to get the compensation. When a worker gets an injury at work in Tampa, it does not automatically mean that the worker’s compensation case will be valid in Tampa courts. There are certain conditions that determine the validity of the case. The first step you should take is to seek the services of a Tampa workers compensation attorney who will provide you with the necessary information.

The claim will only be valid if the company you work for has more than four employees. Those who work in the construction sector do not have to worry since their employers are required to pay the compensation even if there is only one worker. However, there are some employees who do not qualify at all for the workers compensation in Tampa, these include independent contractors, professional athletes, specific classes of workers in the agricultural sector, specific types of taxicab and limousine drivers, truck drivers that own trucks, some musicians and theater performers, some volunteers and some estate agents.




Tampa Worker’s Compensation Attorney


Tampa workers compensation can be denied if the worker was injured because of not using the safety equipment made available by the employer or if you fail to follow the safety guidelines that are provided. It is also important to note that the laws in Tampa protect the employer from liabilities to the injured worker. This means that a claim may not be valid in the Tampa courts for worker’s compensation just because there is proof that the employer was negligent.

The cause of the injury will also determine the validity of the case. In most cases, the presence of a pre-existing condition can be used by an employer as a reason to deny compensation. The use of a workers compensation lawyer in Tampa can help you to clearly define the conditions under which the injury happened.



Tampa Worker’s Compensation Attorney


According to the law in Tampa, the worker who is injured at work in Tampa has to report the case to the employer within one month after it has occurred. If this is not done, fraud is usually suspected and will affect the validity of the compensation therefore even when you make the claim it will not be valid. The validity of the claim will also be determined by the length of time it took for you to make the claim. A claim has to be filed within two years after you had the injury at work. If this does not happen, the claim is barred in the Tampa courts. Getting the right workers compensation attorney in Tampa is crucial in ensuring that you have the facts right before you go and make a claim in the Tampa courts.

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