Workers’ Compensation Lawyers Miramar
3350 SW 148th Ave
Miramar, FL 33027
Phone: (954) 866-5370
Call Now to Start Your Claim! (954) 866-5370
¡LOS ABOGADOS DE COMPENSACIÓN LABORAL HABLAN ESPAÑOL!
It does not matter how careful you are, accidents can and do happen. When you sustain an injury on the job, there is so much you need to deal with. Not only will you have to visit the doctor multiple times, but you will also most likely be out of work for a period of time. If you live in Florida, you are most likely eligible to receive workers compensation benefits when you are hurt at work.
The state of Florida makes it a requirement for most of its companies to supply workers compensation insurance for their employees. Benefits function much like a type of wage reimbursement for workers unable to collect their regular paycheck while they are out of work with an injury. The amount an employee will receive depends on how severe the injury. Your employer does not have to be responsible for your injury to qualify for workers compensation benefits. All that matters is that the injury took place while you were performing your job.
The best way to determine if you will be able to collect benefits is to consult a workers compensation lawyer in Miramar, Florida and let them review your case.
What Will My Workers Compensation Benefit Amount Be in Miramar, Florida?
In Florida, the amount of workers compensation you can receive will not exceed the state average weekly wage. Since January 1, 2016, the maximum compensation rate for a week was $863. Any benefits you are eligible for due to your injury will be subject to the following:
- Temporary total disability (TTD) – You will receive 66 2/3% of your normal earnings if you are unable to return to work due to a temporary disability.
- Temporary partial disability (TPD) – You will be eligible for 80% of the difference between 80% of your normal earnings prior to the injury and what you are now able to earn due to your injury.
- Impairment benefits – You will be eligible for benefits for a permanent disability stemming from your work-related injury.
In order to see which type of benefits you will be able to collect, you should schedule a consultation with an experienced workers compensation lawyer. They will be able to review the specifics of your case and the injury you have to help you obtain all the benefits you are eligible for.
How Long Will I Receive Workers Compensation Benefits in Florida?
When you reside in Florida, you will not be eligible for benefits until the 8th day of your work-related injury if your disability will take you less than 22 days to recover from. However, if you will be out of work as a result of your injury for more than 21 days, you could possibly get benefits going back to the day you became disabled.
If you are eligible for temporary total disability (TTD) or temporary partial disability (TPD) benefits, you will only be able to receive them for up to 104 weeks. If you are receiving impairment benefits (80% of your normal earnings) because of a serious injury, you can only receive them for 6 months.
Does Florida Have Conditions I Have to Abide By?
There are two specifics you should know aware of when filing for workers compensation benefits in the state. Although they are not harsh conditions, you should be aware of them nonetheless.
- In Florida, the workers compensation insurance company has to give permission to the doctor to treat you. So, you may or may not be able to see your own physician. It is normal for you to have to visit the doctor they tell you to see.
- Although other states require your company to hold your position for you to come back to after you recover from your injury, Florida does not. In other words, even if you are healthy enough to return to work, you may not have a job to return to.
A dedicated Miramar workers compensation lawyer will explain to you exactly what benefits you will be able to receive after reviewing the details of your injury. You can ask them any questions you need to put your mind at ease as to how you can move forward after a work-related injury.
What Should I Do If I Get Hurt at Work in Miramar, Florida?
If you are hurt while you are on the job, you should immediately notify your employer. You should give the notification in writing and keep a copy for your personal records if possible. Once you notify the company about your injury, you can file a claim form to request benefits. An employer is under no obligation to pay your benefits if you do not complete a claim form.
It is important for you to be very specific when you fill out your claim form to request benefits. Make sure you have finalized and filled in all sections of the paperwork and keep a copy of the form you fill out for your records. After you submit the claim form to your employer, it is up to them to report the injury to their workers compensation insurance company, not yours.
You must make claims for benefits for a work-related injury as soon as possible. If you wait for too long, one of the consequences can be missing out on benefits you should get for your injury. The sooner you make your injury known and file a claim for workers compensation benefits, the better the chances you will receive your benefits quickly. Take the time to consult an experienced workers compensation lawyer to help you handle any difficulties you may encounter with your claim.
Is There a Time Limit for Me to Report My Injury in Miramar, Florida?
Florida definitely has a time limit for you to report your work-related injury and request workers compensation benefits. You must report to your employer any injury you sustain while working within 30 days (there are exceptions) of the injury making an appearance. You or your Miramar workers compensation lawyer must submit a claim for your benefits within 2 years of your work-related injury, but there are also exceptions to this rule.
You should take the time to consult with a skilled workers compensation lawyer and discuss your case and let them work on your behalf to make sure you receive any and all benefits you are eligible for. While you are healing from your injury, the only thing you need to think about is getting better. Let a lawyer fight your workers compensation battle for you.
Will Florida Workers Compensation Cover All Injuries?
There are some injuries that make you ineligible for workers compensation benefits. If you are under the influence of drugs or alcohol while at work, you will not be able to collect benefits if you sustain an injury. Workers that purposefully inflict injuries on themselves in an effort to collect benefits will not be able to collect them. The state court systems have not been able to agree on whether or not an employee can collect benefits if they are taking part in horseplay when they receive their injury.
You may be able to receive benefits for any of these work-related injuries:
- A previous condition your job aggravates or speeds up the progression of, like a back injury where you do not feel the pain until later.
- Injuries that happen during lunchtime, work-sponsored events (like a company clam bake), and breaks, and those that happen as a result of using company equipment (a table or chair in the cafeteria).
- Illnesses like lung cancer, if the disease is the result of working around chemicals and toxins at work during your normal work shift.
- Injuries stemming from physical and emotional strain due to work-related stress that starts with additional work duties.
Can I Appeal a Florida Workers Compensation Case Denial?
If you are unable to collect your workers compensation benefits after filing your claim due to a denial, you may need to hire an attorney to seek legal action against your employer. There may be several reasons for a denial of benefits like incorrect benefit calculation or incorrect diagnosis by the physician. A workers compensation case has the potential of being very confusing, and you will need an attorney with legal experience to make sense of the confusion surrounding your case.
Why Will They Not Approve My Workers Compensation Claim in Miramar, Florida?
The state may feel that you were negligent in the accident at work that left you with an injury. According to the law of negligence, you have to behave in a manner that complies with specific standards of conduct. You cannot fail to follow safety precautions, injure yourself at work, and expect to receive workers compensation benefits.
The best way to ensure you receive the compensation benefits you need for your work-related injury is to consult with a dedicated workers compensation lawyer. A lawyer will be able to discuss the specifics of your case and determine what you are eligible for. Call for a free, legal consultation to see how they can help you obtain the benefits you need to cover your expenses. Do not delay; your case may depend on your prompt response.