Michael J Winer

/Home/Workers Compensation Attorney: Tampa Bay FL

The Law Office of Michael J. Winer, P.A. is a full-service personal injury and business law firm, committed to providing quality representation with a personal touch. We handle claims involving auto accidents, personal injury, including serious and catastrophic injuries, wrongful death, medical malpractice, nursing home, premises liability (slip and fall), dog bite or attack, consumer law, products liability, class actions and workers' compensation. We also handle cases involving insurance litigation and insurance coverage issues, commercial litigation, collections, construction litigation and contract law.
* Personal Injury
* Auto Accidents
* Premises Liability
* Wrongful Death
* Worker's Compensation
* Business Litigation

Workers' compensation refers to a system of laws outlining specific benefits to which injured employees are entitled, and the procedures for obtaining such benefits. Every state has its own workers' compensation laws, which are contained in statutes, and vary somewhat from state to state. In addition, there are special, federal workers' compensation laws for employees of the federal government and other, specific types of industries.

Under the law in most states, every business must have some form of workers' compensation insurance to cover injured employees. Filing a workers' compensation claim is similar to filing an insurance claim; it isn't a lawsuit against an employer, but rather a request for benefits.

Workers' compensation laws are designed to ensure that employees who are injured on the job receive fixed monetary awards, without having to litigate their claims against their employers. In this way, workers' compensation is an important safety net for employees when they are injured on the job or as a result of their job.

Most workers' compensation laws also provide employers and co-workers with a certain level of protection, by limiting the amount employees can recover from their employers, and prohibiting, in most cases, injured employees from suing their co-workers. In essence, workers' compensation is a no-fault system, where an injured worker's own negligence, or the negligence of his or her employer or co-workers, is not put at issue; rather, the injured employee is simply covered for his or her work-related injuries.

Thus, workers' compensation is an injured worker's "exclusive remedy" with respect to a work-related injury, unless he or she can point to a third party who contributed to his or her injuries. For example, because workers are often injured by products or machinery they use at work, they may, and often do, seek compensation from the manufacturers of such products. Employers are generally not directly involved in the third-party claims of their employees, and such claims take place in civil actions, rather than in the workers' compensation system. In most cases, however, an employer can recoup its workers' compensation payments and obligations from the recovery an injured worker obtains from a lawsuit against a third-party. In some states, the workers' compensation insurer and employer may enter into the lawsuit commenced by the employee and seek to protect their rights to recover the sums. In other states, the employer is given a lien against the employee's recovery. In those states, the employer and insurer must wait until the employee has made a recovery, at which point they assert the lien and the employee must then pay back monies which duplicate workers' compensation benefits previously received or receivable.

Workers' compensation is usually considered a substitute for a lawsuit against your employer. In exchange for not suing your employer in court, you are entitled to workers' compensation benefits, regardless of who was at fault for your injuries. Prior to the creation of the workers' compensation system, employees had no choice but to go to court to recover compensation for their work-related injuries. Now, most employees are automatically entitled to workers' compensation, but at the same time, the employer is automatically protected from most employee lawsuits.

Keep in mind, however, that even if you file a workers' compensation claim, you still may be able bring a lawsuit if your injury was caused by someone other than your employer, or by a defective product you used on the job, such as a piece of equipment that malfunctioned.

Workers' Compensation Certified Attorney - Florida Bar

Law Office of Michael J Winer PA
110 N 11th St - 2nd floor
Tampa FL 33602-4223
Tel: 813 224-0000
Fax: 813 224-0088
E-mail: mike@mikewinerlaw.com

The Law Office of Michael J. Winer was established to provide injured and disabled clients with the best possible legal representation along with the personal attention they deserve. Known for his experience, superior results and concern for his clients, Mike Winer is a fierce advocate for injured and disabled individuals. Mr. Winer has special expertise in cases involving personal injury, wrongful death, medical malpractice, nursing home neglect, employment law and workers' compensation. Mr. Winer is an honors graduate of the University of Florida and Stetson College of Law. In addition, he has developed formidable trial skills, participates in continuing legal education, maintains strong community ties, and is a member of the Florida Academy of Trial Lawyers

The firm’s team approach to client representation means in addition to an attorney, each client is also assigned a case manager to facilitate communication and coordination with the office. The firm’s case managers use the newest case management technology, allowing them to efficiently and cost-effectively respond to clients and communicate with them on a regular basis. Our staff is highly motivated, experienced and qualified. Above all, we bring a degree to compassion and personal attention which sets us apart from our peers.

The firm can accommodate clients by meeting them in their home. When needed, our bilingual staff is available to serve the Spanish -speaking community. At the Law Office of Michael J. Winer, we truly care about our clients, our professional responsibilities to our clients and the need to speak forcefully on their behalf. This web site is intended to be a resource for you, the injured victim, in your effort to put your life back together. The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.