Workers compensation lawyer Miami

You are here: Home » Workers compensation claims

When someone has been injured on the job or being diagnosed with a work-related illness, he or she should hire a workers compensation lawyer Miami. These professionals can guide victims through the process of applying for benefits and help them appeal a denied claim when necessary. They can also consult a workers compensation lawyer Miami if they believe they have not received all the benefits they are entitled to or perhaps they were wrongly accused of a worker’s compensation fraud. Receive the guidance and justice you deserve with a workers compensation lawyer Miami.

What is workers compensation?

Workman’s comp is an insurance program providing compensatory benefits to employed individuals who have suffered a work-related injury.

Each state has specific laws regarding worker’s comp. The federal government administers this program. Regardless of who was at fault, whether the employee or the employer, an associate, or a third party, the employee is entitled to receive benefits or compensation for all the damages.

Work-related injuries and illnesses

Before filing a claim for worker’s comp and seeking relieve provided by the employer, you have to make sure you are claiming a work-related injury. These types of injuries happen anytime while at work. Workers’ comp may be the only way to recover from work-related injuries. Among the common types of injuries covered under worker’s compensation are illnesses, physical injuries, and psychological trauma. Some specific ones are:

  • Overextension: This is one of the most common injuries, which occurs when an employee is lifting, pushing, gripping, lifting throwing or carrying. It causes torn or sprained ligaments and muscles. Overextension can also cause back injuries.
  • Slipping and falling: This generally occurs when debris, fluids, machine lubricant, beverages or fluids are spilled on the floor. They can cause bone fractures and torn or sprained ligaments.
  • Repetitive motion: This causes vision problems, neck pain, and also pain in the arm and wrist.
  • Falling objects: When objects fall from ladders, product shelves, pallets, forklifts, fall and cause severe foot, head, neck, and face injuries.
  • Assaults: Firings, retaliation, and tension at work are often the most common causes of assaults at work.
  • Moving vehicle accidents: These types of injuries happen to workers whose duties include driving company vehicles.

Injuries Not Covered by Workers' Comp

Several injuries may not be covered under worker’s comp. Some circumstances may exclude being compensated even when the injury occurred on the employer’s premises. Among them we find:

  • Intoxication
  • Self-inflicted injuries
  • Fighting and horseplay: These injuries can be compensated if the individual injured initiated the fight.
  • Injuries while “going and coming” from work unless travel is an essential part of the job.
  • Injuries that occurred during lunch break while off-premises.
  • Psychological conditions not arising from a job-related injury.
  • Aggravation of a pre-existing condition. The disease has to be contracted during the course of the employment.

Filing a Workers Compensation Claim

In order to receive compensation for an injury that occurred at work you must first file a claim and get immediate medical help if the type of injury you suffered requires it. There are limits on the number of days you can notify your employer, which is generally one month. Florida statute of limitations is four years from the date the accident occurred.

If the employer refuses to cooperate with you, hiring a Miami injury lawyer may help. Delaying filing your claim after you became sick or ill can pose a disadvantage. Things may get more complicated when the injury developed over time. When filing a formal worker’s comp claim you should include details such as the date the accident occurred, time, and place where it happened, together with details about how the injury occurred. You may also want to provide a list of witnesses if the injury was caused by a particular accident at work.

What should you look for when hiring a Workers compensation lawyer Miami?

Florida, just as any other state, has its own wide-ranging worker’s comp system, which exists to protect employees from work-related injuries. Without the protection of this system the employee will be obligated to sue the employer in court, a lengthy process with no guarantee to win. When hiring a lawyer you should make sure that your lawyer has experience with these types of cases. Find out about how long the attorney has been practicing worker’s comp for. Asking for references from former clients can also help. Can the attorney understand the facts about your case? A Miami injury lawyer should understand what the consequences of a primary injury are. It’s important you build trust at the beginning when you have your first consultation with your attorney otherwise things will only get worse. You should not allow a person you cannot trust to handle your case.

Workers compensation claim process

Some of the most important steps when filing a worker’s comp claim include:

  • Reporting the injury or accident promptly: You have up to seven days to report the injury. Without this crucial step you cannot pursue any benefits.
  • Seek medical help: You may have to go to a certain hospital or clinic after suffering and worker’s comp covers the costs.
  • Let your physician know that it happened at work. You will be required to submit the report and documentation of the care and treatment received.
  • Follow the doctor’s instructions.
  • A written report must be filed within 30 days from the day the injury happened. If the report is not written within this period the claim is denied.
  • Get legal support from a Miami injury lawyer as soon as possible. An experienced lawyer will help you gather the required documentation.

Settlement of workers compensation claims

Your attorney and insurer may agree to settle the case yet that doesn’t mean that the case will actually be settled. The state requires that you and the insurer submit the proposed settlement to the state agency in order to be approved. The proposed settlement will be reviewed by the worker’s comp judge or hearings officer. Only after the judge and hearing officer are pleased with the settlement and they make sure you understand the settlement terms are beneficial to you, the settlement is approved. The settlement can still be rejected if the hearings officer or judge decides to do so because he or she believes the claimant didn’t receive enough compensation.

Negotiating the workers compensation settlements amounts

After accepting the settlement you have two options. You can either accept what the insurance company offers you or you can proceed and try to obtain more benefits. You should not give up the right for future medical treatment otherwise you may have trouble getting these costs covered into the future by your health plan. Among the common benefits or amounts to settle that should be part of your settlement are:

  • Permanent partial disability
  • Permanent total disability
  • Medical treatment

The wording of the settlement can determine the right to future benefits and this is where hiring a Miami injury lawyer may be helpful.

Choosing the right Workers compensation lawyer Miami

If you are not represented by a worker’s comp lawyer, the lawyer will make sure the settlement is fair to you. However, the judge doesn’t know details about medical history and therefore he or she is limited to helping you. It’s better choosing a good workers compensation lawyer to handle your case. They are generally able to negotiate a higher settlement with the insurance company and you will be able to obtain more benefits.