Fighting for your Rights

The Mistakes a St. Petersburg Workers Comp Lawyer Often Sees

When a workplace accident occurs, the first instinct is to seek proper and immediate medical attention. But injured workers can make mistakes that may jeopardize their claim to benefits under Florida law.

As a workers compensation lawyer in St. Petersburg, Richard W. Driscoll is among a small percentage of lawyers who is Board Certified by the Florida State bar specifically as a worker comp specialist. This means Mr. Driscoll focuses on changes in the law and their meaning to his clients. Mr. Driscoll works primarily with claimants (employees) in worker compensation cases.

In the greater St. Petersburg area, workers comp lawyers sometimes refer difficult cases to his office, including ones where clients have made errors. The mistakes that a client might make on a claim include the following:

  • Failure to report the injurious incident within 30 days of its occurrence
  • Failure to record or document when toxic substance exposure may have occurred (the adverse health effects of which may not surface for several years)
  • Using a physician other than the employer-paid workers comp doctor (except as negotiated by your workers comp—in St. Petersburg and throughout Florida, you can work with an independent medical specialist if your health status warrants it)
  • Failure to file your worker compensation claim with the Florida Division of Workers Compensation within two years of the incident or discovery of injuries stemming from the workplace (as might be the case with delayed-onset symptoms)

Clearly, the steps a worker and his or her attorney takes in the first few weeks of an injury are critical to the long-term success of a claim.

St. Petersburg worker compensation lawyers offer advice

The steps for a successful worker compensation case include each of the following:

  1. Notify your employer of the injury (when it happens, or within 30 days)
  2. Seek medical attention—in an emergency, you can go anywhere, but you must seek a medical examination with an employer-designated workers comp physician
  3. File a workers compensation claim that indicates the injury was job-related. This needs to be filed immediately or as soon as possible (within two years of the injury)
  4. A workers comp board hearing is held regarding your case, after which the judge issues a ruling
  5. If you or the insurance company of your employer disagrees on the ruling, your case goes to appeals
  6. The appeals court can make a final ruling

In general, engagement of a St. Petersburg workers compensation attorney at the earliest phases of injury can ensure a smooth and successful outcome for your case.

A workers comp lawyer in St. Petersburg who focuses on employees

The Law Office of Richard W. Driscoll, P.A. works on a contingency fee basis and only collects fees when you win your case. If you think you have a workers compensation case, please call 813-217-5704 today or contact us online for a free initial consultation.