Do I Get the Same Benefits Under Workers Comp That I Get in a Personal Injury Case?

When we first meet with a workers compensation client, they seem really angry that they can’t just sue their employer. Sometimes, all it takes is a person reading an article on social media or watching a reality TV special to make them think they understand the law. We don’t mean this in any insulting way. The problem is that the media does not accurately portray the way that the legal system works. When our Miami workers comp lawyers represent an injured worker, we fully understand what benefits they’re entitled to.

For example, under workers comp, your medical care will be covered. However, you will not be entitled to things like pain and suffering. Workers compensation was not invented or designed to make employees rich. It is simply there to make you whole and to protect your employer from having to defend a dozen lawsuits every year.

You Have to Be Approved for Workers Compensation Before You Receive Benefits

We want to make clear that no one is automatically entitled to workers compensation benefits. In order to receive any benefits at all, you must meet certain requirements. If all the requirements are met, then your claim will be approved, and you will start to receive benefits in seven to 10 days.

The requirements in Florida for workers compensation include the following:

  • your accident must have taken place on company property and on company time
  • your injuries must be related to that workplace accident
  • you must report the accident to your employer within 30 days
  • you cannot be under the influence of drugs or alcohol at the time of your accident
  • you must agree to be treated by a state- approved workers comp physician
  • you must cooperate and participate in your medical treatment plan

As long as you meet these requirements, there’s a good chance your Miami workers comp lawyer will be able to get you the benefits you deserve. You’ll notice, we said there’s a good chance your claim would be approved. There are no guarantees in workers compensation. In that respect, it is very much like personal injury law.

Your Miami Workers Comp Lawyer Won’t Have to Standing to Sue Under Personal Injury

If, for some reason, you insist that you have standing to sue your employer in civil court, you can certainly meet with one of our Miami injury lawyers. They can review your information and hear your side of the story. Of course, there are very few situations in which an employee can sue their employer. Unless your attorney can demonstrate that your employer was reckless or grossly negligent, you will not be able to sue. Your only recourse will be to file a workers compensation claim.

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If Approved, You’ll Receive the Following Benefits Under Workers Compensation

If your workers compensation claim is approved, your Miami injury lawyer will demand that you receive the benefits you’re entitled to. In Florida, there are three main types of benefits under workers comp. These include the following:

  • all medical care related to your workplace accident will be covered by your employer’s insurance carrier
  • you will receive weekly benefits equal to 2/3 of your average weekly wages
  • you may qualify for career training or rehabilitation depending on the severity of your injuries

As you meander through this list, there are several types of damages missing. For example, you won’t see damages for lost future income anywhere in the workers compensation manual. This is because you’re not entitled to them under workers comp. You’re also missing pain and suffering on this list. One of the biggest frustrations with workers compensation in Florida is that it doesn’t matter how serious your injuries were – you will never receive damages for pain and suffering. Unless your Miami injury lawyer finds a way for you to sue your employer, you’ll be limited to these three types of benefits outlined above.

Call and Speak with a Seasoned Miami Workers Comp Lawyer Today

If you get injured on the job, you probably have no idea what to do next. You have friends and family who tell you that you shouldn’t hire a lawyer because it will cost you money. Then you have other associates who tell you that you should ignore workers compensation and just file a lawsuit against your employer. All we can say is that even if you don’t hire one of our Miami workers comp lawyers, please don’t take any of this advice to heart. You wouldn’t call an electrician if you needed your car fixed. So, there’s no reason why you should call anybody but an attorney if you need legal advice.

If you suffered a legitimate injury while at work, then you are likely entitled to workers comp benefits. Had your accident happened anywhere else and under different circumstances, you probably could have sued under personal injury. But the fact is you can’t do that in South Carolina. You are limited to whatever benefits they offer you under workers compensation. We do like to explain to our clients what types of benefits they will receive versus the type of benefits they would’ve received under personal injury. We would much rather be upfront and honest with our clients then get their hopes up unfairly.

Don’t Let Too Much Time Pass – Let an Experienced Workers Comp Attorney Help You!

We recommend that if you have been hurt on the job recently, you call our office and ask to speak with one of our Miami injury lawyers. They can help you schedule your free, initial consultation and get you into the office as soon as possible. Ideally, your attorney would help you file your workers compensation claim. It will improve the chances of your claim being paid. But it will also show the insurance carrier and your employer that you mean business. They will take your case more seriously once they find out that you retained an attorney.

Since the consultation is free, and since you don’t pay us anything upfront, it’s in your best interests to come in and meet with one of our attorneys.