Many people assume that workplace accidents are something that only occurs in mining operations and steel mills. The truth is that workplace accidents can happen anytime and anywhere. Even if your employer runs a safe work environment or you work in an office, there is always the potential for an accident. The important thing that you need to know is that if you have been injured within the “scope and context” of your work activities, you likely are eligible for workers’ compensation in Florida. Choosing a Miami workers’ compensation lawyer with Work Injury Rights is a great way to give yourself the best chance possible to get every dollar you are entitled to.
No matter what, your right to compensation and your capacity to exercise that right to the full extent of the law will depend on many factors. Workers’ comp is a complex system of laws with a wide range of relevant variables and you can’t always count on the company’s insurance provider to place your interests before their own.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance coverage that your employer purchases. This insurance is designed to cover injuries that befall employees at the workplace, with a few exceptions. Under Florida Law, all non-construction industry employers with more than 4 employees are required to purchase workers’ compensation insurance from a licensed Florida insurance provider. This allows workers to receive compensation for all certain work-related injuries no matter who was at fault. By purchasing this insurance employers are also made immune to certain types of lawsuits from their injured employees too.
What is Covered By Workers’ Comp in Florida?
If you have been injured in the workplace, by Florida workers’ compensation law, you are entitled to a certain amount of compensation. But there are many finer points that will be examined first. Here is what you need to know about the types of injuries and how they qualify for workers’ comp benefits.
Serious Injuries Suffered On the Job
Regardless of whether you were at fault for your injuries, as long as you were not under the influence of drugs or alcohol or acting with malicious intent, your on-the-job injury will likely be covered under workers’ compensation.
Cumulative Events and Injuries
There are times when the injuries being sustained are not readily noticed, as they occur over an extended period of time. For example, repetitive motion can cause carpal tunnel syndrome, and working in contaminated or toxic work environments can have other effects on the health that may not be noticed until months or even years later. If you suffer from conditions like this, you may also be eligible for compensation.
Injuries Outside the Office Are SOMETIMES Covered
For the employees injured for the most part, if your injuries take place outside the workplace, they are not covered by workers’ comp. For example, if you were in a car accident on your way to work, you can’t be compensated for your injuries. But, if you were involved in an accident while on your way to meet with a client, this could be considered within the “scope and context” of your work and would therefore make you eligible for workers’ comp benefits.
The best way to know for sure if your injuries are covered by workers’ comp is by getting in contact with a knowledgeable Miami, FL workers’ compensation lawyer with . We will provide you with a risk-free consultation and examine the details of your own workers’ compensation case and provide you with guidance on how to move forward.
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What Does Workers’ Compensation Pay For?
In general, workers’ compensation is designed to pay for medical expenses and treatment that are required as a result of your injury, in addition to replacing some of the income you lost as a result of your injury. While the whole workers’ compensation system is not perfect, it is set up to allow injured workers to receive comprehensive medical care and recover fully from their injury before returning to work, without having to worry about falling into financial ruin as a result.
Below is a list of some of the things workers’ compensation benefits will pay for:
- Your medical bills (with authorized treating physicians)
- Any rehab costs
- A percentage of your lost wages
- Prescription medication
- Any necessary travel expenses related to the treatment of your injury
- Your income loss replacement benefit, which will be two-thirds of your average weekly wage (with a cap of $575 per week)
- Permanent Partial Disability (PPD) – This is an additional sum of money if the authorized treating physician issues a disability rating in compliance with the American Medical Association Guidelines
What Should I Do if I’m Hurt on the Job?
If you have become injured on the job, it is only natural to feel alarmed. But you will want to keep a clear head and act to protect your interests. Here are some important things you should do in the aftermath of a workplace injury:
Tell your employer you are hurt
You will want to inform your supervisor, employer, or foreman that you have been an injured worker. This should be a priority in your mind just after seeking medical care for your injury. While it is always best to handle this as soon as you can, Florida law requires that the workplace injury be reported to the employer or supervisor within 30 days of the accident.
Take photographs of your injury and collect details
As soon as your injuries permit, you will want to be collecting all the information on your injuries. This will be an ongoing activity as you will want to record the recovery process as well. It will be important to keep a careful record of all minor details and collect evidence of the scene of the accident as well if you are able.
Have your injuries examined by a Medical Professional and follow your doctor’s instructions
You will also want to have your injuries or conditions examined by a medical professional, more specifically a WC/MCO doctor, who specializes in worker’s compensation cases. They will be able to establish a positive link between your injuries and a specific hazard of the workplace responsible for the occurrence. They will also provide you with a very detailed plan for recovery which you will want to study and carry out to the very finest details. Failure to do so could be grounds for doubting the sincerity of your claim.
Start and keep a written record of your injury and symptoms.
As mentioned, you will want to keep a very careful collection of details of this case. This will include the doctor’s report and instructions, photos of the injury, progress reports, and anything else that is connected to your case.
File a workers’ compensation claim with the assistance of a workers’ compensation attorney.
At any point during the claims process, you can choose to have your case and interests represented by an experienced worker’s compensation lawyer. While this is not a requirement, for those seeking to receive the full compensation afforded them by the law, it is the best option. the insurance provider can very easily opt-out of various elements of the claim if they so choose. A qualified Miami-Dade County workers’ compensation lawyer from our outstanding law firm and group, Work Injury Rights, can make sure that your interests are respected in every way.
Rest and recuperate.
After you have contacted a Miami workers’ compensation lawyer, you can rest assured that an expert will handle all the finer legal points, you should focus on making a full recovery. It will be very important to follow your doctor’s recommendations and instructions during this recovery process.
Steps for Filing a Workers’ Compensation Claim
The Florida workers’ compensation claims process is fairly straightforward but is not without its own nuance and complexities. Below is a list of the basic steps for filing your claim, but, we also have a more in-depth explanation.
Report Your Injury to Your Supervisor
After suffering an injury on the job, employees must report the injury to their employer within 30 days of the injury or risk their claim being denied. While it is never required to submit your report in writing, there is good reason to consider submitting a written report to your employer notifying them of your accident and the circumstances in which it occurred.
First and foremost, sending an email notification provides an important timestamp on the communication should any questions arise about that in the future. Your employer then has 10 days from receiving your notice to file a “First Report of Injury or Illness” form to the Florida Department of Financial Services, Division of Workers’ Compensation.
Attempt to Informally Resolve the Claim.
You will want to do all you can to try to resolve the issue directly with your employer. Be sure to follow up on the status of your claim to make sure it has been properly reported. As mentioned above, your employer has 10 days from notification of your injury to file their report with the state. Even if your employer completes the form in its entirety, the injured employee is required to sign the form. If the report has not been submitted within 10 days, you will need to begin taking corrective actions.
Contact a Qualified Workers’ Compensation Attorney
Even though we have gone into details to explain the process that surrounds getting worker’s compensation, there is much more to this than can be included in this short synopsis. The whole workers compensation claims process is complex and it is not unusual for insurance providers to seek ways to keep accident victims from collecting their rightful compensation. A skilled workers’ compensation attorney near you is well equipped to protect your rights and fight for fair compensation.
File Your Petition for Benefits.
If your efforts to recover compensation through your employer’s insurance or florida workers’ compensation system provider have proven ineffectual, the next thing to do will be to file a petition for benefits. This document must include your contact information as well as contact information for your employer and their workers’ compensation providers. The team at Work Injury Rights can help you file your petition while also providing exceptional legal representation.
Additionally, you will need to include:
- A description of your job responsibilities and what you were doing when you became injured.
- A description of the accident and a listing of all the body parts that were injured
- Listing of all claims you are making
- A claim on the interest of unpaid benefits as well as attorney’s fees.
- You will have to file your Petition for Benefits form with the Office of the Judges of Compensation Claims (OJCC) Clerk’s Office. On the other hand, if you have secured legal representation, you can have this important task handled by a qualified professional.
- A copy of the petition must also be served to your employer and their insurance provider through the mail.
What are my Rights After an On the Job Injury?
Workers will sometimes be hesitant to file claims against their employers for fear that this will cause a serious problem for their employer and that their employers may even take retaliatory action. The truth is that these are all fairly routine proceedings designed to prevent any such retaliatory action, which would be grounds for further legal issues as it is illegal for an employer to do so.
If you believe that your employer has taken any form of retaliatory action, including, but not limited to, intimidation, coercion, threatening to discharge, or firing you, please let us know immediately. Call 954-833-5226 and talk with a Miami workers’ compensation lawyer today.
What Can I Do if My Claim is Denied?
Employers and their insurance providers will always look for reasons to deny claims and make minimal payouts. If your claim has been denied altogether, it is likely in your best interest to file a dispute with the state.
If your claim was denied you will enter a process that accompanies this denial. There are three steps in this process.
Notification of Denial
Your employer’s insurance provider should provide you with a notification of receiving the report within a few days of receiving the report. After this, they will investigate the claim and provide their decision within 30 days. Many claims will be categorically denied. If you have received a Notice of Denial, don’t worry, there are still numerous courses of action that can be taken to get you the compensation you deserve.
Appealing a Denied Claim
Injured workers seeking to obtain compensation or appeal a denied claim can petition the OJCC, the Office of Judges of Compensation Claims. There is a two-year window of opportunity to file your appeal, so it will be important to act quickly. At this point, the insurance company can choose to change their decision and pay compensation, or submit a response justifying their decision. Furthermore, just because they initially say they will pay, doesn’t mean they will not challenge the claim later.
Mediation
Finally, mediation will be held to work out any disputes and the judge will make a ruling. If no resolution can be reached or the outcome is unfavorable, the ruling can be appealed once again. In this case, an administrative hearing will be held with the Judge of Compensation Claim. This will be much like a trial setting and both sides will present evidence. You will be asked to expound on the nature of your injuries, how they were sustained and how they prevented you from performing your duties. The judge will then issue a ruling within 30 days and even this ruling can be appealed further.
How Can a Workers’ Comp Attorney Help Me?
A qualified workers’ comp lawyer in Miami will be able to guide you through this complex system of the workers’ compensation laws and recover the compensation you need to make a full recovery. Because we have extensive experience in these claims and processes, our insight can greatly increase the value of your claim as well.
Workers' Compensation Frequently Asked Questions
What are the main benefits of hiring a Miami workers' compensation lawyer?
With a workers’ compensation attorney, you can claim a variety of damages. These can include medical expenses, which cover costs for hospital visits, surgeries, and rehabilitation.
You may also be entitled to wage replacement benefits, compensating for lost income due to your inability to work. In severe cases, compensation for permanent disability or impairment might be sought.
Additionally, a workers’ compensation lawyer can help you claim for vocational rehabilitation if you need retraining to return to work. The attorney will strive to ensure you receive all benefits you are legally owed.
What is the typical process for consulting with a Miami workers' comp attorney?
Consulting with a Miami workers’ comp attorney typically begins with an initial consultation. During this meeting, you will discuss the details of your workplace injury or illness. The attorney will evaluate the merits of your case and explain the legal options available.
Next, you may need to gather and provide relevant documentation, such as medical records and accident reports. The attorney will use this information to build a strong case.
Following this, the lawyer will formally file your workers’ compensation claim with the appropriate authorities. They will handle all communication with insurance companies and your employer, ensuring that deadlines are met and paperwork is correctly submitted.
Throughout the process, the Work Injury Rights attorney will keep you informed about the progress of your case and offer guidance on any necessary actions you need to take. If your claim is disputed or denied, the lawyer will represent you in appeals or hearings to secure the best possible outcome.
What kind of damages can I claim with a workers' compensation attorney?
With a workers’ compensation attorney, you can claim a range of damages depending on your specific situation. These include:
Medical Expenses: Coverage for doctor visits, hospital stays, medications, physical therapy, and any necessary medical equipment.
Lost Wages: Compensation for the income you lose while you are unable to work due to your injury.
Permanent Disability: Benefits for any lasting impairments that affect your ability to work.
Temporary Disability: Payments for a limited period if you are temporarily unable to perform your job duties.
Vocational Rehabilitation: Assistance with retraining or education if you cannot return to your previous job.
Death Benefits: Payments to the dependents of a worker who died as a result of a workplace injury or illness.
A workers’ compensation lawyer will help you navigate the complexities of the claims process, ensuring you receive the full benefits you are entitled to under the law.
What should I expect during my first meeting with a workers' compensation lawyer in Miami?
During your first meeting with a workers’ compensation lawyer in Miami, you can expect a thorough discussion about your case. Here’s what typically happens:
Initial Consultation: The lawyer will ask you to describe the details of your workplace injury or illness. This includes the circumstances leading to the injury, the nature of your injuries, and any immediate actions you took following the incident.
Documentation Review: Be prepared to provide any relevant documents, such as medical records, accident reports, and any correspondence with your employer or insurance companies. The lawyer will review these to understand the scope of your case.
Case Evaluation: The attorney will evaluate the merits of your case, providing an honest assessment of your potential claims. They will explain the types of damages you may be entitled to, such as medical expenses, lost wages, or disability benefits.
Legal Process Explanation: The lawyer will outline the workers’ compensation claims process, including filing deadlines, necessary paperwork, and any potential challenges. They’ll explain how they will represent you and what steps will be taken next.
Questions and Concerns: This is an opportunity for you to ask any questions or express concerns about your case. The attorney will address these, providing clarity and reassurance.
Next Steps: Finally, the lawyer will discuss the next steps, which may include gathering additional evidence, filing the claim, or scheduling follow-up meetings. They will ensure you know what to expect moving forward.
By the end of the meeting, you should have a clear understanding of your legal standing and the path ahead.
What are some common reasons workers' compensation claims get denied?
Workers’ compensation claims can be denied for a variety of reasons. One primary cause is late reporting; failing to report your injury to your employer within the required time frame can result in denial. Lack of evidence is another common issue; without sufficient medical documentation or other supporting evidence, your claim may not be approved.
Claims often get rejected if the injury is determined to be non-work-related, meaning it didn’t occur during the scope of your employment. Similarly, if the injury is linked to a pre-existing condition rather than a specific workplace incident, it can lead to a denial.
Violating company policies at the time of the injury can also result in a denied claim. Not seeking immediate medical treatment can raise doubts about the legitimacy of your injury, another reason for rejection. Any inconsistencies between your account of the injury and medical records or witness statements can also lead to denial.
Errors in the claim form or missing information can cause improper filing, which might result in claim denial. Additionally, if you were under the influence of drugs or alcohol when the injury occurred, your claim is likely to be rejected. Lastly, if you are classified as an independent contractor rather than an employee, you may not be eligible for workers’ compensation benefits. Understanding these reasons can help you better prepare your claim and avoid potential pitfalls.
Can a Work Injury Rights Miami workers' comp lawyer assist with appealing a denied claim?
Yes, a Miami workers’ comp lawyer can assist with appealing a denied claim. If your workers’ compensation claim has been denied, an attorney can help you navigate the appeals process and improve your chances of securing the benefits you deserve.
The lawyer will start by reviewing the denial letter to understand the reasons for the rejection. They will gather additional evidence, such as medical records and witness statements, to strengthen your case. The attorney may also work with medical experts to provide professional opinions supporting your claim.
Next, the lawyer will file the necessary paperwork to initiate the appeal. They will ensure all documents are correctly completed and submitted on time. The attorney will represent you in hearings, advocating on your behalf and challenging the reasons for the denial.
Throughout the process, a Miami workers’ comp lawyer will provide guidance, explain your legal rights, and keep you informed about the status of your appeal. With their expertise, you have a better chance of overturning the denial and obtaining the workers’ compensation benefits you are entitled to.
What To Consider When Selecting A Workers' Compensation Lawyer
Choosing a lawyer with extensive workers’ compensation experience is crucial for the success of your claim. Expertise in this specific area of law ensures that the attorney is well-versed in the intricacies of workers’ compensation regulations and procedures.
At WorkInjuryRights.Com, our team, including attorneys David Benn, William Haro, and Stacey Isaacs, brings 45 years of collective legal experience to the table. This depth of knowledge allows us to navigate the complexities of your case effectively. Having previously represented insurance companies, our attorneys understand the tactics used against injured workers, giving us a strategic advantage in securing the benefits you deserve.
Trusting WorkInjuryRights.Com means choosing a team with the experience necessary to fight for your rights and achieve the best possible outcome.
Researching a lawyer’s reputation in the Miami legal community is essential to ensure you are hiring a trustworthy and competent attorney. A reputable lawyer is more likely to have established relationships and credibility within the legal system, which can be advantageous for your case.
WorkInjuryRights.Com has built a strong reputation across Florida for its dedication to clients and successful track record in workers’ compensation claims. Our attorneys, including David Benn, William Haro, and Stacey Isaacs, are well-respected members of the legal community and actively participate in various legislative and professional organizations. For instance, we hold positions such as Board Member for the Workers’ Compensation Section of the Broward County Bar Association, reflecting our commitment to promoting fair treatment for all Floridians.
By choosing WorkInjuryRights.Com, you are aligning yourself with a team known for its integrity, expertise, and advocacy within the Miami legal landscape.
Ensuring the lawyer has sufficient time to dedicate to your case is vital for effective representation. A lawyer who is overextended may not be able to give your claim the attention it deserves, potentially jeopardizing the outcome.
At WorkInjuryRights.Com, our team is committed to providing personalized and focused legal services to each of our clients. Our workers’ comp lawyers, along with our dedicated staff, prioritize your case and maintain open lines of communication to keep you informed every step of the way. With a manageable caseload and a client-centered approach, we make sure that each case receives the comprehensive attention it requires.
By choosing WorkInjuryRights.Com, you are assured that your workers’ compensation claim will be handled with the care and dedication necessary to achieve a successful resolution.
Ensuring that your lawyer has experience in hearings and appeals is crucial for navigating the complexities of workers’ compensation cases, especially if initial claims are denied.
Experienced attorneys understand the procedures and strategies required to effectively present a case before administrative bodies and in court. At WorkInjuryRights.Com, our team is well-versed in handling hearings and appeals, leveraging years of expertise to advocate for our clients. We are prepared to take your case to trial if necessary, ensuring that you have skilled representation at every stage of the process.
By choosing WorkInjuryRights.Com, you gain the confidence of knowing your attorney is equipped to handle all aspects of your workers’ compensation claim, including the crucial phases of hearings and appeals.
Verifying your lawyer’s ability to communicate in your preferred language is essential for clear understanding and effective representation.
Miscommunication can lead to misunderstandings and potentially jeopardize your case. The team at WorkInjuryRights.Com includes Spanish-speaking attorneys and staff, ensuring that language barriers do not hinder your legal process.
Ensure you can discuss your workers’ compensation claim comfortably in your preferred language, leading to better communication and a more personalized legal experience.
Confirming that your lawyer adheres to high ethical standards and has no disciplinary issues is essential for ensuring trustworthy and competent representation. A lawyer’s ethical conduct reflects their commitment to honesty, integrity, and professionalism.
At WorkInjuryRights.Com, we pride ourselves on maintaining the highest ethical standards in all our legal practices. Our attorneys are members in good standing with the Florida Bar, free from disciplinary actions.
This commitment to ethics and professionalism ensures that our clients receive the best possible representation, rooted in trust and respect.
By choosing WorkInjuryRights.Com, you can be confident that your case will be handled with the utmost integrity and dedication.
Contact a Miami Workers' Compensation Lawyer at Work Injury Rights Today for a Risk-Free Consultation!
If you have been injured in a workplace accident, the implications can impact your life considerably. The team of Florida workers’ comp attorneys at Work Injury Rights have handled thousands of workplace and personal injury cases in South Florida and throughout the state. We are ready to stand by your side through the entire process, fighting to get you the fair compensation that you are entitled to under the law.
Call Work Injury Rights at 954-833-5226 today to receive a risk-free consultation and excellent legal assistance. We will examine the details of your case, and provide you with the best possible solution to your situation.
