Gainesville Workers' Compensation Attorneys
Board-certified workers' compensation attorneys fighting for injured Gainesville workers for over 70 years.
- 2814 SW 13th St. Gainesville, FL
- 352-372-9999
By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.
Gainesville Workers' Compensation Attorneys | Board Certified & Ready to Fight
Construction accidents, repetitive stress injuries, lifting injuries, machinery accidents, and vehicle crashes are just a few of the workplace accidents that can leave hardworking employees facing pain and an uncertain future.
One moment you're earning a living. The next, you're dealing with injuries, medical bills, lost wages, and a workers' compensation system that may seem stacked against you. Unfortunately, insurance companies often move quickly after a workplace injury to protect their bottom line, using every available tactic to reduce, delay, or deny the benefits you deserve.
At Avera & Smith, our Gainesville workers’ compensation attorneys have been fighting for injured Florida workers for more than 70 years. We understand the challenges you face and we're committed to helping you pursue the full workers' compensation benefits available under Florida law.
Call Avera & Smith today at 352-372-9999 for a free consultation — no upfront costs and no fee unless we win.
Why Insurance Companies Take Avera & Smith Seriously
When you hire Avera & Smith, you're not just hiring an attorney; you’re hiring a powerhouse firm backed by decades of experience, proven results, and a reputation for taking on insurance companies and winning. Property owners and their insurers know our reputation, and that reputation changes how your case is handled from day one.
70+ Years Serving Gainesville
Since Bill Avera opened his practice in Gainesville more than 70 years ago, our firm has been fighting for injured workers across Alachua County and North Central Florida. We understand Florida's workers' compensation system and the challenges injured employees face. This experience gives our clients a meaningful advantage when pursuing the benefits they deserve.
Board Certified Trial Attorneys
Partner Lance Avera is board certified in workers’ compensation law, a distinction that less than 1% of Florida workers’ compensation attorneys can claim. This certification signifies his expertise, experience, and ability to successfully help injured workers get their workers’ compensation claims approved.
We Build Every Case Like It's Going to Trial
Employers and their workers' compensation insurance carriers often fight hard to limit or deny benefits. We prepare every Gainesville workers' compensation case as though it will proceed to a final hearing, and that thorough preparation gives us a strategic advantage during every stage of the claims and settlement process.
Million Dollar Results
Our attorneys are members of the Million Dollar Advocates Forum, a distinction reserved for lawyers who have secured settlements and verdicts exceeding $1 million. We know what maximum compensation looks like and we know how to pursue it.
No Fee Unless We Win
We handle every workers’ compensation case on a contingency fee basis. You pay nothing upfront and nothing out of pocket. If we don't recover compensation for you, you owe us nothing.
Meet the Attorneys Who Fight for You
Behind every successful case is a team that knows how to take on insurance companies and deliver results. At Avera & Smith, our attorneys bring decades of experience, proven outcomes, and a reputation that demands respect.
What Our Gainesville Clients Say
“Thank you SO much, Avera & Smith, for representing me so well, and seeing to it that I was fairly compensated for the injuries I sustained in my accident!
I really appreciate the wonderful way I was treated with skill, competence, integrity, compassion, and dignity throughout the entire process."
Sherry Underwood
“I cannot recommend Lance Avera highly enough for anyone facing a workers’ compensation case. After my workplace injury, I felt overwhelmed with the insurance company trying to make medical decisions and minimize my injuries, but Lance, Dana & Jenny immediately stepped in with unwavering determination."
Chris Russsel
What Is Workers' Compensation Insurance?
Workers' compensation insurance is a state mandated program that provides benefits to employees who are injured or become ill as a direct result of their job. In Florida, virtually all employers with four or more employees are required by law to carry workers' compensation insurance.
The purpose of Florida's workers' compensation system is to provide employees who are injured on the job with medical treatment and partial wage replacement while they recover. In exchange, injured workers generally do not have to prove that their employer caused the accident. Since Florida is a no-fault workers' compensation state, you may be entitled to benefits regardless of who was responsible for your workplace injury, as long as it occurred within the course and scope of your employment. Workers' compensation insurance covers a wide range of workplace injuries and illnesses, including sudden traumatic injuries like falls and equipment accidents, repetitive stress injuries that develop over time, and occupational diseases caused by workplace exposure to hazardous substances. If you've been injured at a Gainesville workplace, Avera & Smith can help you understand your rights and pursue maximum benefit compensation.
How Does Workers' Compensation Work in Florida?
Understanding how Florida's workers' compensation system works is one of the most important steps in protecting your rights after a workplace injury. The process can be complex and insurance companies are experienced at finding ways to minimize or deny legitimate claims. That’s why having an experienced Gainesville workers' compensation attorney on your side from the beginning makes such a significant difference.
Step 1 — Report your injury immediately. Florida law requires you to report your workplace injury to your employer within 30 days of the accident. Failing to report within this window can jeopardize your right to benefits. Report the injury in writing whenever possible and keep a copy for your records.
Step 2 — Seek authorized medical treatment. In Florida, your employer or their insurance company has the right to direct your medical care through an authorized treating physician. Seeing a doctor outside the authorized network without permission can affect your benefits. If you disagree with the authorized physician's assessment, an experienced attorney can help you seek an independent medical examination.
Step 3 — File a workers' compensation claim. Your employer is required to report your injury to their insurance carrier within seven days of being notified. The insurance company then has 14 days to either accept or deny your claim. If your claim is accepted, benefits should begin within 21 days of the accident.
Step 4 — Navigate the claims process with an attorney. Insurance companies frequently dispute claims, delay benefits, or pressure injured workers to return to work before they've fully recovered. Having an experienced Gainesville workers' compensation attorney handle the process on your behalf ensures your rights are protected at every stage — from the initial claim through any appeals or litigation that may be necessary.
Is Workers' Compensation Taxable in Florida?
This is one of the most common questions injured workers ask. The good news is that in most cases, workers' compensation benefits are not taxable at the federal or state level. Benefits you receive for medical expenses, lost wages, and disability generally do not need to be reported as income on your tax return.
However, there is an important exception worth knowing. If you are receiving both workers' compensation benefits and Social Security disability benefits simultaneously, a portion of your workers' compensation may become subject to taxation depending on your specific financial situation. This is known as the workers' compensation offset, and it can affect how your benefits are calculated.
Because every injured worker's situation is different, we always recommend consulting with a tax professional for advice specific to your circumstances. What matters most is making sure you are receiving the full benefits you are entitled to and that is exactly where Avera & Smith can help.
Frequently Asked Questions: Workers' Compensation in Gainesville
What If I Was Partially at Fault for My Workplace Accident?
You may still qualify for workers' compensation benefits even if you were partially—or entirely—at fault for the accident. Florida's workers' compensation system is a no-fault system, which means injured employees generally do not have to prove that their employer or a coworker caused the accident to receive benefits. As long as your injury occurred while you were performing work-related duties and your claim meets the requirements of Florida law, you may be entitled to medical treatment, wage replacement benefits, and other workers' compensation benefits. An experienced Gainesville workers' compensation attorney can review the facts of your case, explain your rights, and help protect your claim if your employer or the insurance carrier argues that you are not entitled to benefits.
Can I Be Fired for Filing a Workers' Compensation Claim in Gainesville?
Florida law prohibits employers from retaliating against employees who file workers' compensation claims. Your employer cannot legally fire you, demote you, reduce your hours, or take any other adverse action against you simply because you filed a claim. However, Florida is an at-will employment state, meaning employers can terminate employees for legitimate reasons unrelated to the workers' compensation claim. If you suspect retaliation, contact Avera & Smith immediately. We can help you understand your rights and take action if your employer has acted unlawfully.
What Should I Do If My Workers' Comp Claim Is Denied in Gainesville?
A denied claim is not the end of the road. In Florida, you have the right to appeal a denied workers' compensation claim, and many workers who were initially denied benefits have successfully recovered full compensation with the right legal representation. Common reasons for denial include failing to report the injury within 30 days, insufficient medical documentation, and disputes over whether the injury is work-related. Contact Avera & Smith as soon as possible after a denial. Our attorneys will review your claim, identify the grounds for appeal, and fight to get you the benefits you deserve.
How Long Do I Have to File a Workers' Compensation Claim in Gainesville?
You must report your workplace injury to your employer within 30 days of the accident or within 90 days for occupational diseases. After reporting, you generally have two years from the date of the injury to file a formal workers' compensation petition. These deadlines are strict. Missing them can permanently eliminate your right to benefits. Contact an attorney as soon as possible after your workplace injury to make sure all deadlines are met.
How Much Does a Gainesville Workers' Compensation Attorney Cost?
Hiring Avera & Smith for a workers' compensation case costs nothing upfront. We work exclusively on a contingency fee basis, meaning our fee is a percentage of the benefits we recover for you — and only if we win your case. In Florida, workers' compensation attorney fees are regulated by state law and must be approved by a judge, which protects injured workers from excessive fees. Your initial consultation is always free, and there is no financial risk in reaching out.
Injured at Work in Gainesville? We're Ready to Fight for You.
For over 70 years, Avera & Smith has been the law firm Gainesville workers turn to after a serious workplace injury. Don't let the insurance company decide what your benefits are worth. Contact us today for a free consultation — no upfront costs and no fees unless we win.
By submitting this form, you authorize Avera & Smith to contact you regarding your potential case. Contacting us through this website does not create an attorney-client relationship. See Privacy Policy and Terms of Service.
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