Before you can settle your claim, you need to know what it’s worth. Ultimately, the kid took responsibility. I couldn’t lift, twist, sit for any extended period, run, or participate in any kinds of sports. To this day, my lower back continues to flare up after strenuous activity, but the flare-ups eventually resolve, and I am able to live the life I want to live and be an active father to my young son. None of these claims were her fault, and they were all real.Read More
Workplace Accident Claim
In order to avail the benefits provided by workers’ compensation, you are required to prove that the injury or illness is related to your work. Rephrased in legal jargon, the unfortunate event must be “arising out of employment and occurring during the course of employment,” commonly abbreviated as AOE/COE. Know the rules that dictate whether or not an employee’s injury or illness is work-related and covered by the workers’ compensation.
Illnesses and diseases that develop because of constant strain on the worker are covered by the workers’ comp. Diseases related to work as well as psychological or physical illnesses resulting due to long-term exposure to stress and strain are all covered by the workers’ comp. However, in such instances, there is a difficulty in attempting to prove whether the illness is work-related or not. Different states have different rules for such situations. For more information, you are required to check out the employees’ rights booklet provided by your employer that lists down the injuries and illnesses that are covered by workers’ compensation.
If, however, fooling around or breaking rules in the workplace is excused by the employer, or is a commonly accepted behavior in the workplace, the courts consider injuries sustained during such times as work-related injuries and workers’ compensation benefits can be availed.
Injuries sustained while travelling: The workers’ comp does not cover injuries that occur while the worker is commuting to and fro form work. This is called the “going and coming rule”.
Seek a lawyer
Many times a worker's injury or illness may be of a dubious origin, a gray area when it comes to understand worker's comp coverage. In these special circumstances, it is always worth seeking a lawyer’s expertise. The lawyer may be able to tell you whether or not you qualify for the benefits. As a lawyer is aware of your state laws he may be the best counsel in such matters.
Recent legal blog posts
It is also one of the tools the insurance company will try to use to defeat your injury claim. She meant her arm was injured in the auto accident prior to the recorded statement, but her meaning was not clear. Once you expose your private life, if you give one little bit, the floodgates are open and everyone’s got a free range for you. We decided as a team to focus all of our attention on the geosynchronous orbit issue. After listening to both sides and understanding what each side hopes to accomplish, the mediator explains his own evaluation of the claim, including its strengths, weaknesses, and anticipated value.Read More
An experienced motorcycle accident attorney will know exactly what kind of investigation needs to take place, and he will get the necessary information right away. The fact that you did not have insurance on your motorcycle does not in any way prevent you from making a claim against the driver who caused the accident. For example, if the roadway or sidewalk was poorly designed or poorly lit, it could result in a claim against the city or other governmental entity responsible for the sidewalk.Read More
Workers’ Compensation coverage would apply). Transportation costs You would not have to be driving around from doctor’s appointments to physical therapy to the pharmacy to get your prescription filled if the Defendant had not caused the wreck. The defendant is probably not a person with a lot of assets if they only have the minimum coverage, so any chance of getting money out of them personally is remote. ” We must believe in our clients before we agree to accept the case.Read More
Top Lawyers Pick
- Adam M. Wolfe
- Jeffrey S. Pekar
- Betsey T. Herd
- Alyson M. George
- Sarah K. Hibbard
- Laura A. Turbe-Capaz
- Brian L. Thompson
- Scott A. Arthur
- Adam L. Bantner, II
- Gavin N. Stewart
- George A. Vaka
- Brett Berger
Adam M. Wolfe
Adam M. Wolfe is the founder of Tampa-based Wolfe Law, where he divides his practice among construction disputes, personal injury and wrongful death cases, and general commercial litigation. Certified as a specialist in construction law by The Florida Bar, he represents individuals and companies throughout the state. Admitted to practice in Florida, Georgia and Massachusetts, Mr. Wolfe is also admitted to practice before the U.S. District Courts for the Middle, Northern and Southern Districts of Florida.Mr. Wolfes construction law practice encompasses the representation of builders, developers and contractors in disputes that are often handled through mediation, although he has appeared before judges and arbitrators as well. His cases in this area of the law have included construction defects and contract disputes, among other matters. In his personal injury practice, Mr. Wolfe provides advice and counsel to people who have been harmed by the negligence of other parties in incidents arising out of motor vehicle accidents, premises liability, medical malpractice and defective products, and he has been able to secure several sizable jury awards and negotiated settlements for his plaintiff clients. His commercial litigation experience has covered landlord-tenant disputes, employment law, intellectual property infringement and contract breaches.The successful results that Mr. Wolfe has been able to obtain both in and out of the courtroom have earned him an AV Preeminent peer review rating through Martindale-Hubbell and a 10.0 Superb peer review rating through Avvo. In addition, he has been named to Florida Trend magazines annual list of Florida Legal Elite on several occasions. A 1993 recipient of a Bachelor of Arts from Wesleyan University, Mr. Wolfe pursued his legal studies at Cornell Law School, where he was the editor of the Cornell Journal of Law and Public Policy before being awarded his Juris Doctor cum laude in 1996.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
Jeffrey S. Pekar
Attorney Jeffrey S. Pekar is the founder of Pekar Law, P.A. in Tampa, Florida. Mr. Pekar devotes his practice to insurance law, representing Florida residents who have been the victims of property damage. He also handles matters involving personal injury and wrongful death.Many of Mr. Pekars clients are property owners whose property has been damaged by hurricanes or other storms, but whose claims are not being sufficiently honored by insurance companies. He also works with cases involving sinkholes, fire damage, mold problems and other natural damages, as well as slip-and-fall accidents, motor vehicle accidents and other issues. He also works with general real estate litigation and other matters.After receiving his bachelors degree in sports management from West Virginia University, where he graduated magna cum laude, Mr. Pekar earned his law degree from West Virginia University College of Law, where he also graduated with honors. As a law student, he developed his litigation skills by serving on the moot court board.Mr. Pekar has been admitted to practice law in Florida state courts since 2006. He is also licensed to practice before the U.S. District Court for the Northern District of Florida, the U.S. District Court for the Middle District of Florida, the U.S. District Court for the Southern District of Florida and the U.S. Court of Appeals for the 11th Circuit. He handles cases throughout the state.Along with his law practice Mr. Pekar is involved in professional organizations including the Hillsborough County Bar Association and The Florida Bar.An enthusiastic sports fan, Mr. Pekar participates in his local community through a variety of sports leagues.
Betsey T. Herd
With more than 30 years of combined medical and legal experience, attorney Betsey Herd provides a unique insight into the intersection of law and medicine, especially that related to cardiac health and catastropic injuries. Ms. Herd focuses on the safe practice of medicine, reform on behalf of the nations frail elders and litigation on behalf of victims of others negligence. She practices with her firm, Morgenstern & Herd, P.A. based in Tampa, Florida.Ms. Herd previously worked as a clinical manager for one of the largest hospital systems in the country, and due to this experience, Ms. Herd believes in medical provider accountability and fiscal responsibility. She received her undergraduate degree in exercise physiology and her masters degree in cardiovascular physiology. Ms. Herd attended Memphis State University where she received her law degree, after working for nearly a decade in the medical field.Rated as an AV Preeminent lawyer by Martindale-Hubbell, Ms. Herd spends a substantial portion of her time lobbying for victims rights in Tallahassee. She is the past president of the Tampa Bay Trial Lawyers Association and is a member of the Florida Justice Association. She is admitted to practice in the states of Florida and Tennessee as well as before the U.S. District Court for the Middle District of Florida.AV Preeminent and BV Distinguished are registered certification marks of Reed Elsevier Properties Inc. used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the bar and the judiciary. Martindale-Hubbell ratings fall into two categories: legal ability and general ethical standards.
Alyson M. George
Dedicated exclusively to representing victims of negligence, Alyson M. George serves clients throughout Florida. When she founded Alyson M. George, PLLC, she knew she wanted to help people navigate some of the most difficult circumstances they may ever find themselves in. Using a detail-oriented approach, she has repeated success in matters such as bicycle, automobile, pedestrian, drunk driving, distracted driving, trucking and motorcycle accidents; school, day care and security negligence; pool and slip-and-fall accidents; wrongful death; and cemetery, funeral home and crematory negligence.Ms. George graduated cum laude from the University of Dayton in 2002. She then earned a Juris Doctor in 2006 from the Stetson University College of Law, where she participated in moot court competitions.Whether in litigation or in settlement negotiations, Ms. George remains focused on securing maximum compensation for clients. She formerly served as an insurance defense attorney and knows how providers attempt to shortchange people on the benefits they are owed. Further, she excels at illustrating all the damages a client has experienced, holding defendants financially accountable for those losses.Ms. George left her work defending insurance carriers and found her passion in advocating for those who have suffered a personal injury. She knows how important peace of mind is in the recovery process. As such, she takes on the legalese so clients are able to focus on moving forward with their lives. This is one of the reasons Ms. George holds an Avvo Superbrating.Active in the legal community, Ms. George is a board member of the Tampa Bay Trial Lawyers Association and a member of the Florida Justice Association.Outside her practice, Ms. George enjoys spending time with friends and family. Her hobbies include baking and cooking, traveling, yoga, volunteering and snorkeling.
Sarah K. Hibbard
Focusing her practice on insurance coverage matters, Sarah R. Hibbard is an attorney at Morgan & Morgan. Practicing out of the firms office in Tampa, Florida, she represents individual and business clients throughout the greater metropolitan area. Ms. Hibbard is admitted to practice before all Florida state courts as well as before the U.S. District Court for the Middle District of Florida.Ms. Hibbard has been a member of the firms First Party Litigation department since 2011. As opposed to third-party insurance, which protects policyholders against claims from other parties, such as automobile liability insurance, first-party claims are brought by policyholders against their insurance carriers. This can arise, for example, when a homeowners property is damaged by fire or other events, and the insurance company denies a subsequent claim in bad faith or otherwise does not live up to its obligations as set forth in the applicable policy. Ms. Hibbard has successfully represented clients who have been in this type of a situation, and she has worked with business owners whose claims have been rejected or who have received inadequate offers of compensation from their insurers. She has also assisted people who have been financially damaged due to sinkholes on their property and whose insurers have failed to conduct the proper testing before denying their claims.Born and raised in Indiana, Ms. Hibbard attended Butler University in Indianapolis, and she received a Bachelor of Arts in 2001. Moving to Florida for her legal education, she enrolled at Stetson University College of Law and was awarded her Juris Doctor in 2005. Her experience has also encompassed real estate matters and Social Security Disability claims.
201 North Franklin Street, 7th Floor,, Tampa FL 33602
Laura A. Turbe-Capaz
Ms. Turbe is a former insurance defense attorney who now focuses her practice in the areas of plaintiffs personal injury, transportation litigation and insurance bad faith.Ms. Turbe earned her Bachelor of Arts degree from the University of South Florida. She then attended Stetson University College of Law, which is one of the top-ranked law schools in the nation for trial advocacy and legal writing. While attending law school, Ms. Turbe served as an Articles and Symposia Editor for the Stetson Law Review, and she was the recipient of the Elizabeth M. Leeman Award for authoring the best student work published in the Stetson Law Review during 2003-2004. Prior to earning her Doctor of Jurisprudence, cum laude, in 2004, Ms. Turbe served as a federal judicial intern at the United States District Court for the Middle District of Florida.After law school, Ms. Turbe was honored to serve as a judicial staff attorney for the Second District Court of Appeal. This experience allowed her the opportunity to gain a significant understanding of the appellate process and to work directly with the appellate court judges, analyzing and providing counsel on a wide range of legal matters.Thereafter, Ms. Turbe entered private practice and joined a well-respected insurance defense law firm where she focused her practice on insurance bad faith litigation. As a result of representing many of the large insurance companies for more than eight years, Ms. Turbe gained extensive experience handling insurance bad faith claims and accumulated significant insight into the operations of large insurance companies, the insurers evaluation and handling of claims, and the strategies and tactics used by insurers and their defense counsel. The insight, knowledge, and experience gained while representing insurance companies allows the Capaz Law Firm to provide unique representation to its clients in their claims against the insurance companies.Ms. Turbe is admitted to practice by The Florida Bar and the United States District Court for the Middle District of Florida. She was previously selected for inclusion and named in Florida Top Lawyers Rising Stars. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Top Lawyers to receive this honor.
Brian L. Thompson
Brian L. Thompson has been an attorney at Morgan & Morgan since January 2012. Based in the firms office in Tampa, Florida, he focuses his practice primarily on personal injury and wrongful death litigation, and his experience encompasses workers compensation matters as well. Mr. Thompson has been admitted to practice before all Florida state courts since 1987, and he is also admitted to practice in Mississippi and Pennsylvania, and before the U.S. Court of Appeals for the 5th Circuit.The majority of Mr. Thompsons personal injury cases since joining Morgan & Morgan have involved nursing home abuse and neglect, and he represents residents who have been the victims of such behavior, as well as their family members. Nursing home abuse can come in several forms. Physical abuse can include battery, overmedication, unwanted sexual contact and force feeding. Mental abuse often involves verbal threats, degradation and emotional manipulation. Nursing home neglect can take the form of the failure to provide medical treatment, unsanitary conditions and the failure to assist with a residents personal hygiene requirements. Many residents are reluctant to tell anyone that they are being neglected or abused, and thus it is often up to their loved ones to notice the signs.Many of these cases are settled privately in favor of the plaintiff. However, when necessary, Mr. Thompson has taken these matters to court, and he has been able to obtain significant recoveries for his clients. His fellow professionals have taken note of his successful track record and have awarded him an AV Preeminent peer review rating through Martindale-Hubbell. Mr. Thompson received his Juris Doctor with honors from Loyola University Chicago School of Law in 1987.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
201 North Franklin Street, 7th Floor,, Tampa FL 33602
Scott A. Arthur
As a shareholder with the Gunn Law Group, P.A. in Tampa, Florida, attorney Scott A. Arthur focuses his practice primarily on representing the rights and entitlements of those who suffered an injury or loss as the result of someone elses negligence as well as policyholders who have disputes against their insurance providers.Handling all types of personal injury and wrongful death claims, Mr. Arthur has recovered numerous substantial settlements and verdicts on behalf of his plaintiff clients. Through his insurance coverage and bad faith practice, he has been equally effective at ensuring his clients receive the full amount of benefits they deserve while holding the insurance companies accountable for their questionable practices.Regarded as one of the leading advocates for the injured and insured across his region, Mr. Arthur has earned many accolades from his peers, including an AV Preeminent peer review rating from Martindale-Hubbell and designation from The National Trial Lawyers as one of the Top 100 trial attorneys in the country. In addition, he has received scores of outstanding reviews and positive referrals from his satisfied clients.A 2001 honors graduate of the University of Florida with a Bachelor of Arts in economics and criminology, Mr. Arthur attended Georgetown University Law Center, where he served as editor for the Georgetown Immigration Law Journal. He obtained his Juris Doctor in 2005, and The Florida Bar admitted him to practice that same year. He is also admitted to practice before the U.S. District Court for the Middle District of Florida and the U.S. Court of Appeals for the 11th Circuit.A consummate professional who is fully committed to his practice, Mr. Arthur maintains active involvement with several local, state and national legal organizations. He is a board member of the Florida Justice Associations Young Lawyers Section, and he is a member of the American Association for Justice, the American Bar Association, the Florida Association of Public Insurance Adjusters, the Hillsborough County Bar Association and the Tampa Bay Trial Lawyers Association, among his other professional affiliations.AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.
Adam L. Bantner, II
An attorney at Bantner Firm, Adam L. Bantner II represents clients in Hillsborough County, Tampa and Brandon, Florida, in criminal law cases. Certified as a criminal trial attorney by The Florida Bar, he has over a decade of experience handling criminal cases, including DUI, drug charges and probation violations. Along with criminal law, Mr. Bantner also handles matters of personal injury, mostly motor vehicle accidents.Throughout his career, Mr. Bantner has tried over 30 cases in jury trials and has an Avvo Superbrating. His experience includes cases of petitions for delinquency, termination of parental rights, petitions for dependency, murder and capital sexual battery. Currently he is a member of The Herbert G. Goldburg-Ronald K. Cacciatore Criminal Law American Inn of Court, the Florida Association of Criminal Defense Lawyers and past president of the Hillsborough County Association of Criminal Defense Lawyers.Admitted to practice in Florida in 2006, Mr. Bantner has been elected to the Greater Brandon Chamber of Commerces board of directors and is considered an expert in criminal trial law by The Florida Bar. A graduate of Florida Southern College in 2001, he then went on to earn his Juris Doctor in 2006 from Florida State University College of Law and began defending clients immediately after.Mr. Bantner is actively involved in many civic organizations including the Rotary Club of Brandon, the Tampa Tiger Bay Club, the Plant City Chamber of Commerce, the South Tampa Chamber of Commerce, the West Tampa Chamber of Commerce and the Temple Terrace Chamber of Commerce. His career has been solely devoted to defending those charged with crimes, and he is a past member of the Citizens Advisory Committee for the Board of County Commissioners.
Gavin N. Stewart
A native of Australia who has spent years living in New York, Gavin N. Stewart is an attorney with Stewart Legal Group, P.L. Mr. Stewart handles matters of commercial litigation, personal injury, consumer litigation, bankruptcy and creditor/debtor rights in New Jersey, Washington, D.C. New York and Florida. After graduating from Rutgers, The State University of New Jersey, as a Rutgers Scholar with a Bachelor of Arts in communication, he attended Stetson University College of Law, where he obtained a Juris Doctor in 2007 and was a member of the moot court board.With a unique talent for identifying problems and developing creative ways to solve them, Mr. Stewart has almost a decade of experience representing both individuals and companies in consumer, commercial and bankruptcy matters. His clients appreciate his passion for helping others achieve their goals, his hands-on approach, and his zealous advocacy to enforce and protect their rights.Mr. Stewart is a member of the New Jersey State Bar Association, the American Bankruptcy Institute and the Tampa Bay Bankruptcy Bar Association. He is committed to helping as many clients as possible by sharing his experience and knowledge. His diligence, experience and passion are what set him apart from other attorneys in the field.For his professional achievement, independent research, peer evaluations and nominations, Mr. Stewart has been recognized by legal rating organizations. For those who have been injured in an accident at the hands of another, those looking for a fresh financial start, and any individual or business in need of legal advice, Mr. Stewart is a valuable resource.
George A. Vaka
George A. Vaka, Founder and Managing Partner of Vaka Law Group, is a skilled trial and board certified appellate lawyer with more than 30 years experience in personal injury and insurance practice. Mr. Vaka is also recognized as a Florida Supreme Court Certified Circuit and Appellate Mediator, appointed to act as a Federal Mediatior. He is a Fellow for the American College of Coverage and Extra-contractual Counsel and a Member of the National Trial Lawyers Top 100 Trial Lawyers. Mr. Vaka has a diverse practice having represented clients in matters ranging from auto accidents, medical malpractice, aviation disasters, defective products, mass torts and ,Engle, tobacco cases. He has extensive experience in the litigation of insurance matters involving personal, professional, business and commercial insurance, as well as, insurance company misconduct and insurer bad faith. He has been Board Certified by the Florida Bar since 1994 as a specialist in Appellate Practice. He is admitted to practice law in all Florida State Courts, the U.S. District Courts Middle District of Florida, the U.S. Court of Appeals for the 10th Circuit, the U.S. Court of Appeals for the 11th Circuit and the U.S. Supreme Court.A Rutgers University graduate, Mr. Vaka attended the University of Florida College of Law and became a board member of the University of Floridas Law Review. He earned his Juris Doctor in 1983 and started his legal career at the law firm of Fowler, White, Gillen, Boggs, Banker & Villareal in Tampa, Florida. Mr. Vaka continues to give back to the legal community through his involvement with legal associations, speaking engagements and numerous legal articles and publications. He has served on the Florida Justice Associations Board of Directors, Florida Bar Appellate Practice and Advocacy Section Charter Member and Counsel, Florida Defense Lawyers Association Board, University of Florida College of Law Board of Trustees and the Association Internationale de Droit des Assurance, to name a few. He has been awarded an AV-Preeminent rating by Martindale-Hubbell.AV-Preeminent and BV-Distinguished are certification marks of Reed Elsevier Properties Inc. used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell ratings fall into two categories – legal ability and general ethical standards.
777 South Harbour Island Boulevard, Suite 300,, Tampa FL 33602
Brett Berger represents individuals who have been injured due to the negligence of someone or something else. Brett has always had a passion for helping others and began his legal career as an Assistant Public Defender helping the indigent defend themselves from criminal charges. In a span of three years, Brett tried more than 35 cases to verdict and defended well over a thousand criminal cases ranging from misdemeanors to punishable by life felonies. Brett left the Public Defenders Office and defended the insurance companies and their individual insureds in negligence cases. After gaining incredible insight as to how insurance companies evaluate claims, Brett felt a higher calling to help those who were injured as opposed to working for the insurance companies. Brett now focuses his practice on automobile negligence, medical malpractice, trip/slip and falls, wrongful death, and negligent security.
101 East Kennedy Boulevard, Suite 1700,, Tampa FL 33602