Workers Compensation Lawyer Miami, Florida
Accidents happen in the workplace every day, sometimes with devastating or even deadly consequences. If you’ve been hurt on the job in Miami, you may be entitled to workers’ compensation benefits, which are designed to provide financial relief for medical expenses, lost wages, and rehabilitation costs without the need for a lawsuit.
If you have been injured in a workplace accident or have been diagnosed with a work-related illness, contact Flaxman Law Group for a free consultation with a workers’ compensation lawyer in our Miami office. We can review what options you have to secure compensation.
Understanding Workers’ Compensation in Miami
Workers’ compensation is a no-fault insurance system, meaning that workers can receive compensation for their injuries without having to prove that their employer was negligent.
In Miami, as in the rest of Florida and in all states, workers’ compensation laws are designed to protect both employees and employers. Workers who are injured in the course of their employment are entitled to compensation for medical bills, lost wages, and other related expenses. In addition, employers are generally protected from lawsuits related to work-related injuries, as long as they have provided workers’ compensation insurance for their employees.
However, many employees face delays or denials when they apply for benefits. In addition, the benefits do not always cover all the losses of a worker. For example, wage loss benefits usually cover 66 2/3% of a worker’s average weekly wages, up to a state-wide cap. This coverage may not be enough to take care of an injured worker’s bills, and workers’ compensation does not cover pain and suffering or property damage.
For this reason, it is important to work with a workers’ compensation lawyer in Miami. A workers’ compensation lawyer can help you get all your rightful benefits. They can also explain whether you have any options for compensation that extend past workers’ compensation.
Navigating the Workers Compensation Claims Process
The process of filing a workers’ compensation claim in Miami starts at the moment you have your injury. Here’s what you’ll want to do:
- Report the injury. The first step is to immediately report the injury to your employer. In Florida, you must report the injury within 30 days of the incident, and it is best to report the injury as soon as possible.
- File a claim. Once you have reported your injury, your employer will file a claim with their workers’ compensation insurance provider. The insurance company will then assess your injury and determine whether to approve or deny your claim. You will be asked to fill out paperwork, too, and you must follow the instructions carefully.
- Get medical care. You’ll generally be required to see a doctor approved by your employer’s insurance company. This doctor will assess your injury and provide medical records for your claim. It is important to follow the treatment plan provided by the doctor.
- Wait for the insurer’s decision. The insurance company will determine whether to offer you benefits, ask for additional information, or deny your claim.
- Appeal any denial. If your claim is accepted, you will begin receiving benefits. However, if your claim is denied, you have the right to appeal the decision.
If you run into any problems during the workers’ compensation process, contact a workers’ compensation lawyer in Miami. While you’re not legally required to have a lawyer, hiring one can significantly increase your chances of receiving the compensation you deserve. A lawyer can be especially helpful if:
- Your claim is denied.
- The insurance company offers you a low settlement.
- You are unable to return to work immediately.
- There are disputes about the severity or nature of your injury.
- You need help with filing all necessary paperwork and meeting deadlines.
- You are pressured to return to work while injured.
Ultimately, having an experienced lawyer on your side can lead to a better outcome for your case. An attorney can make sure the insurance company and your employer act in good faith and can pursue any compensation you may be eligible for.
Benefits Available After Work Injuries
If you’ve been injured while working in Miami or if you suffer an occupational illness, workers’ compensation benefits can help alleviate some of the financial burdens you face as a result. Here are the main types of benefits available to injured workers in Florida:
- Medical benefits. Workers’ compensation will cover all the necessary costs of medical treatment related to your injury, including hospital stays, doctor visits, surgeries, physical therapy, and prescription medications.
- Lost wages. If your injury prevents you from working, you may be entitled to temporary disability benefits. These benefits replace a portion of your lost wages, usually about two-thirds of your average weekly wage, up to a state-set maximum. prevents you from working, you may be entitled to permanent disability benefits. The amount you receive will depend on the severity of your disability and how it affects your ability to work.
- Vocational rehabilitation. If your injury prevents you from returning to your previous job, you may be eligible for training or job placement services to help you transition into a new role.
- Death benefits. In the unfortunate event that a worker dies as a result of a work-related injury, their family members may be entitled to death benefits, which cover funeral expenses and lost wages.
To find out how much you may be eligible for, contact Flaxman Law Group as soon as you’re injured. We can provide you with a free consultation and case evaluation.
Finding the Right Miami Workers’ Compensation Law Firm & How We Help
Look for a law firm with experience in both workers’ compensation and personal injury cases, in case you have a third-party claim. Finally, look for a legal team you’re comfortable working with.
At Flaxman Law Group, we help injured workers navigate the workers’ compensation system. Our team of attorneys offers personalized attention to every case.
We offer a free initial consultation to provide an honest assessment of your situation. Our attorneys will work to ensure that your claim is filed correctly, negotiate with insurance companies on your behalf, and represent you in the event of an appeal.
Injuries and Compensation for Work Accident Victims
Injuries and occupational illness can happen in every role. Some of the most common injuries that occur in Miami workplaces include:
- Back and neck injuries. Lifting heavy objects, repetitive motion, and poor ergonomics can cause sprains, strains, or severe conditions like herniated discs or spinal cord injuries.
- Slip and fall injuries. These accidents can lead to broken bones, sprains, or head injuries, with some victims experiencing long-term complications. Slip and fall injuries can happen in any workplace, including construction sites and quiet offices.
- Lacerations and broken bones. Working with sharp tools and machinery can result in cuts, lacerations, or broken bones. In some cases, fractures may require surgery, while deep cuts can lead to scarring.
- Traumatic brain injuries (TBI). Falling from a height or being struck by an object, can cause concussions or more severe traumatic brain injuries. TBIs often lead to cognitive impairments, memory loss, and difficulty performing everyday tasks.
- Repetitive stress injuries. Jobs that require repetitive motion, like typing, assembly line work, or using machinery, can cause repetitive stress injuries like carpal tunnel syndrome, tendonitis, or bursitis. These conditions develop over time and can lead to chronic pain and mobility problems.
- Burns. Workers in industrial settings, healthcare environments, or laboratories may be exposed to chemicals or heat that can result in severe burns. Burns can cause scarring and even mobility problems, if the tissue under the skin is affected.
- Occupational illness. Workers who are exposed to lead, asbestos, and other dangerous substances on the job may eventually develop serious illnesses, including cancer.
If you’ve suffered an injury at work, you may be entitled to workers’ compensation benefits. It’s important to note that workers’ compensation laws in Florida are designed to be no-fault, meaning you do not have to prove that your employer was negligent to receive benefits. However, navigating the claims process can be complicated, and an experienced workers’ compensation attorney can help you receive the full benefits you deserve.
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What Injuries Does Florida Workers’ Compensation Cover?
Florida’s workers’ compensation system is designed to support employees who suffer injuries while performing their work duties. The coverage provided by workers’ compensation in Florida is broad, covering a wide range of injuries, from minor strains to catastrophic accidents. However, injuries which were sustained outside of job duties—such as when a worker is on break—are not covered. In addition, injuries sustained during horseplay or in situations where a worker was using drugs or alcohol on the job, may not be covered. Injuries caused intentionally to get benefits are also not covered.
In addition to physical injuries, workers who develop diseases or conditions due to their work environment, such as lung diseases from exposure to toxic chemicals or asbestos, may qualify for workers’ compensation benefits.
In order to get workers’ compensation benefits in Florida, your employer must have purchased insurance for you. Across the state, most employers are required to carry insurance for most employees. However, some small businesses are exempt from this requirement. Companies also do not need to carry insurance for contractors and self-employed workers.
Types Of Claims We Help With
At Flaxman Law Group, we have decades of experience with work injury cases, including:
- Construction accidents. Construction sites are inherently dangerous due to heavy machinery and hazardous materials, and injuries at these workplaces tend to be serious.
- Machinery accidents. Workers injured by malfunctioning or improperly used machinery can face severe injuries. Our attorneys help victims get the benefits they need to recover and move forward with their lives.
- Workplace exposure and occupational illness. Employees who are exposed to toxic substances may develop serious health conditions over time. The challenge with these cases is that it can be difficult to prove when exposure happened and to get compensation. Our attorneys work with medical professionals and expert witnesses to prove your case.
- Workplace injury. We handle any kind of workplace injury, from traumatic brain injury to back injuries, scarring, and more. If you have been injured on the job, call us to find out what your options are. We also take on personal injury cases, so even if your injury is not covered by workers’ compensation, we can explore whether you may have a personal injury claim.
Whether your claim is denied, delayed, or you encounter other problems, our legal team can handle even very complex and challenging workers’ comp cases. We handle the legal complexities, so you can focus on what matters most—your recovery.
Liability in Workers’ Comp Cases
In Florida, workers’ compensation is a no-fault system, meaning that you do not need to prove that your employer was negligent in order to receive compensation. However, in some cases, an injury may occur due to the actions of a third party, and that person can be held liable in a civil claim. For example, if defective machinery causes a workplace injury, the manufacturer of that equipment may be held responsible, in addition to your employer. In such cases, you may have the right to file a personal injury claim against the third party, allowing you to seek additional compensation outside of workers’ compensation benefits.
Although workers’ compensation is a no-fault system, there may be cases where an employer’s intentional wrongdoing or negligence caused your injury. For instance, if your employer intentionally creates a dangerous work environment, you may have grounds for a separate legal action. Employers enjoy robust protections from legal claims with workers’ compensation, so if you feel that your workplace was unsafe or violated legal requirements, reach out to a workers’ compensation lawyer in Miami to find out what your options may be.
Getting Started with Your Case. Contact Our Workplace Injury Attorney
Flaxman Law Group is a family-based, boutique law firm with decades of combined experience. If you have been injured at work, contact us today for a free consultation.
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