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Tampa Workers’ Compensation Attorneys

Workers’ Compensation Defense in Central Florida 

At Almazan Law, we provide aggressive workers’ compensation defense to clients located in Tampa and throughout Central Florida, as well as statewide. From litigation defense to file management, file assignment, and dispositive final merit hearings, our attorneys have the experience, resources, and in-depth legal knowledge to effectively navigate all types of workers’ compensation disputes and defense matters. 

We are familiar with the many changes in Florida’s workers’ compensation laws in recent years, as well as frequently evolving case law that interprets those legislative changes. Our Senior Partners Kay Dodd Anderson and Mark Edwards bring more than 40 years of collective defense experience to their practice and have a long, proven track record of success. Together with our entire team of Tampa workers’ compensation defense attorneys, paralegals, and support staff, Almazan Law provides cutting-edge legal strategies and innovative solutions designed around each client’s unique needs. 

Our approach is rooted in a comprehensive understanding of both the legal landscape and the industries we serve. We believe in proactively identifying potential disputes and addressing them early to mitigate risks for our clients. By constantly staying abreast of legal developments and leveraging a collaborative team approach, we ensure that every client benefits from the collective insight and experience of our entire legal team.

Learn more about our workers’ compensation defense services and how our firm can help you; contact us online or call (305) 665-6681 for a complimentary consultation.

Common Defenses in Workers’ Compensation Cases 

In defending workers’ compensation claims, our attorneys strive to move swiftly and aggressively against those who seek to defraud the system while simultaneously empowering injured employees who truly need the monetary benefits workers’ compensation provides to return to gainful employment. To do this, we utilize an array of common and uncommon defense strategies.

Some possible defenses to workers’ compensation claims include: 

  • Lack of Coverage: This includes issues related to insurance policies. 
  • Employee Classification: Misclassification of employment status.
  • Statute of Limitations: Claims filed beyond the permissible period. 
  • Pre-existing Conditions: Conditions that existed prior to employment. 
  • Misrepresentation: False or misleading information regarding circumstances or injuries. 
  • Failure to Report Injury: Not reporting the injury in a timely manner. 
  • Employee Intoxication and Misconduct: Actions that violate workplace policies that contribute to injury. 
  • Intentional Self-Infliction of Injury: Injuries caused intentionally by the employee.
  • Refusal of Suitable Employment: Declining appropriate job offers post-injury. 
  • No Significant Loss of Earning Capacity: Worker's ability to work remains unaffected. 
  • Refusal to Utilize Safety Appliances or Gear: Not using provided safety equipment. 
  • Violation of Safety Standards or Regulations: Breaching mandatory safety procedures. 
  • Contradiction of Past Claims (Estoppel): Previous statements or actions contradict current claims. 
  • Undue Delay (Laches): Significant delay in pursuing the claim, disadvantaging the employer. 
  • Accord and Satisfaction: Resolution or settlement that negates further claims. 
  • Apportionment: Allocating responsibility among multiple causes of injury. 
  • Workers’ Compensation Immunity Defenses: Legal defenses protecting employers from certain claims.

With a collaborative, team-based approach and an extensive knowledge of workers’ compensation defenses, including immunity defenses and affirmative defenses, Almazan Law is well-equipped to handle the numerous legal needs of its clients. 

Florida Workers' Compensation Fraud: Prevention & Defense

Florida faces significant challenges with workers' compensation fraud, which can manifest in various forms, from falsified claims to exaggerated injuries. For employers, these fraudulent activities can lead to increased premiums and legal complications. Understanding the signs of potential fraud is crucial for businesses operating in the state. Common indicators include inconsistencies in witness statements, discrepancies in the employee's reported injury timeline, or refusal to provide access to previous medical records.

At Almazan Law, we assist companies in identifying and preventing fraudulent claims, protecting their financial interests and ensuring compliance with Florida law. Our proactive approach includes regular audits, employee training, and a close examination of claim documentation. By staying vigilant and informed, companies can reduce their exposure to fraud and maintain a fair and equitable work environment.

Serving All 17 Florida Jurisdictions

From our office in Miami, Almazan Law handles the workers’ compensation defense needs of clients located throughout Florida, including in Tampa, Palm Beach, and all of Central Florida. Our attorneys are capable of representing clients in all 17 jurisdictions in the state, and our bilingual attorneys and staff provide comprehensive legal services in English and Spanish to meet the needs of our clients. 

Florida’s diverse legal landscape requires a nuanced understanding of local regulations and cultural factors that can affect legal proceedings. Our experience in these areas allows us to anticipate challenges and customize our strategies to fit the unique characteristics of each jurisdiction. By focusing on localized legal nuances, we provide effective representation that resonates with local courts and juries, fostering successful outcomes for our clients.

CONTACT US ONLINE OR CALL (305) 665-6681 TO SCHEDULE A COMPLIMENTARY CONSULTATION WITH A MEMBER OF OUR LEGAL TEAM.

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