A Miami workers’ compensation lawyer can guide you through the workers’ compensation legal system. This system was established to protect workers who have been injured on the job. These benefits are available for all injured workers in Florida regardless of the fault. That means a worker can get workman’s compensation benefits even if they’re the one responsible for the incident that caused the injuries.
A Miami personal injury lawyer could assist you in the event that you’ve suffered an injury at work. A lawyer for workers compensation who is knowledgeable about the regulations can offer a free consultation.
Table of Contents
Are You Covered by Workers’ Comp Insurance?
Many workers are concerned that the company they work for doesn’t have workers’ compensation coverage. This can leave them vulnerable in the event in the event of an accident. Except for a few exceptions many employers in Florida are covered by the worker compensation system.
Employers from other industries other apart from construction need to have workmen’s insurance coverage for compensation. Employers who work in the construction field are required to carry workers compensation insurance. A Miami Florida workers compensation lawyer can provide more information.
What to Do If Accidentally injured at Work?
There are some things to do when you’ve been injured in an accident at work. Prior to you call lawyers for workers’ comp, it is important to inform your employer as quickly as possible. This means telling your immediate supervisor or some other employee in a position of authority at the office.
This notification can happen in person, verbally and in writing. When you inform your employer, it is best to request them to fill out an injury notification when you can so that you can be certain that the claim will make it to the employer’s insurance carrier.
If you’ve been injured you should also seek medical treatment. See the on-site physician in the event that your company has one. If not, go to your own physician. It is crucial to seek medical attention whenever you can so that the extent of your injuries can be documented and can not be overturned later. Once you’ve notified your employer of the incident and received medical attention, you should contact an attorney for personal injuries who is familiar with the workplace competition in Florida to seek out guidance.
How Soon Should I Report My Work-related Injury?
Injured workers need to inform the workplace of the incident as soon as they can however, they should report the accident not later than 30 days after the incident occurred. Your claim may be denied if not report your injury within the specified time.
What will happen if your employer doesn’t want to report your injury?
In addition to reporting the incident to your employer, the employer has their own obligations. Your employer must report the injury to their insurance company quickly so that the claim is dealt with in a timely manner and you can start receiving your benefits promptly. You may also call the insurance company you have insurance with to report the incident if they do not accept.
Information on workers’ compensation should be displayed at the office. The information should include the contact details of the insurance company. If not, contact the Florida Bureau of Employee Assistance and Ombudsman, for help to locate this information. Alternatively, call an attorney in the local area. Miami Florida workers compensation attorney to get assistance.
Are Workers’ Compensation Claim the Same Thing as a Lawsuit?
This could be complicated for people who haven’t dealt with the issue of workers’ compensation prior. Although it might seem as though workers’ compensation claims are like a lawsuit against your employer, the truth is quite different. A worker’s compensation claim is not a lawsuit filed against your employer, but instead a claim against the insurance policy that your employer has purchased. For more information on workers’ compensation laws an experienced workers’ comp attorney can offer valuable insight.
Can you sue instead of the submission of a workers’ comp claim?
What happens if you’d like to file suit against your employer , or coworker rather than file a workers’ comp claim Is that ok? Unfortunately, no. Workers compensation in Florida and other states is known as an exclusive remedy. This means that employees are not able to bring an individual injury claim against his employer, regardless of whether a workers’ compensation claim has been made. The only exceptions include workplace injury claims which involve a third-party. These may still be brought to courts. If, for instance, a visitor from another company that walked into your place of business injured you You could bring a civil lawsuit against that individual, but not against your company.
Workers’ Compensation Claim: How do you determine if the claim is at fault?
The workers’ compensation system operates on a non-fault basis, which is unlike other personal injuries. That means workers’ compensation benefits are paid regardless of negligence or the specific nature of the injury. This can be a great thing for employees, eliminating any need to attribute blame to your employer or coworkers , and speeding up the process along in the event that an investigation of the root of the accident isn’t required. the process.
It’s also advantageous since employees don’t need to worry about being burdened with high medical costs if they are to blame for the incident. An employee’s fault is only relevant if the injury was the result of intoxication or a deliberate intention to harm the person. This can result in the rejection of claims for workers’ compensation. However, if you are denied the claim, and the victim is innocent certainly get in touch with a Miami, Florida, workers compensation attorney without delay.
What are the benefits a Miami Workers’ Compensation attorney provide?
The first and most important thing is that employers must cover all medical expenses related to your workplace injury. In addition, employees can get compensation for the time off work due to these injuries. This is payable at 2/3 of your weekly average salary prior to the injury. Another benefit the benefits of workers’ comp do not need to be taxable. This means that a larger portion of what you earn stays in your pocket. A workers comp attorney can assist with all of this, as all excellent workers comp lawyers should know all aspects of workers’ comp insurance.
How Long Can You Receive Worker’ Compensation Benefits?
Florida workers are able to receive wage loss compensation as long as they are not on any work status. In these situations, employees can claim a maximum of an additional 104 weeks’ worth of benefits.
What happens if you are still hurt after 104 days?
It’s great to know that workers who are injured can enjoy 2 years of benefits. But what happens if you’re badly injured and you don’t recover in 2 years? You may be eligible to receive permanent disability benefits in this instance. If the injuries are severe enough to warrant it, these permanent total disability benefits can be provided until the age of 75.
Can You Choose Your Own Doctor?
There are some exceptions to the general rule, but usually, an individual does not have the right to choose the doctor of his choice in an injury claim. This is because in most cases, the insurance company is the one who chooses the doctor. However, as an injured worker, you do have a right to file a once-only change of doctor request. If your insurance provider does not select a new physician within 5 days, you are entitled to seek treatment from a doctor that you choose. To find out more about your options, consult an Miami Florida workers’ compensation lawyer.
How Long Do I Have to file a Miami Workers’ Compensation Claim?
The deadline to submit a claim for benefits is technically two years. It can differ based upon the specific circumstances. Although workers have two years in which to file a claim, any delay in reporting an injury to their employer or seeking treatment could be detrimental to or completely reduce your chances of receiving benefits. As a result, it’s important that you take action quickly and get in touch with a qualified Miami Florida workers compensation attorney to begin the process of claiming. For more information about the time limit for workers’ compensation claims in Florida go here.
Can You Be Fired Because of a Workers’ Compensation Claim?
This is a prevalent concern among injured workers, that if they come forward with a worker’s compensation claim, they might be punished or fired by their employer. There is no reason for employees to fear being fired for filing a compensation claim. This should be cause concern. The workers’ compensation attorney and the employer must to be aware of how the insurance for workers’ compensation is operated.
Employers in Florida cannot terminate employees because they filed a claim with an attorney for personal injury to claim workers’ compensation insurance. Employers could be facing serious civil liability when they fire someone only to pursue a worker’s comp claim. A worker could file a lawsuit against the employer to be fired for unjustifiable reasons, possibly seeking damages.
If you’ve been the victim of an injury on the job in Miami and you are injured, it is important to notify your employer right away and seek medical assistance. Then, contact a Miami Florida Workers Compensation Attorney to get a no-cost consultation to identify the next steps to follow to help you get your time off at work.