Sustaining a work-related accident in Miami, Florida, can result in painful injuries and substantial financial losses. Injured workers may be entitled to workers’ compensation benefits. Our Miami workers’ compensation attorneys at Payer Law Personal Injury Lawyers can help you navigate the system to receive the benefits you deserve.
Since 2007, our legal team has won over $100 million for our clients in life-changing settlements and verdicts. We have over 50 years of combined legal experience and the resources to pursue the most complex cases.
Contact Payer Law Personal Injury Lawyers at (407) 648-1510 for a free consultation. We are available to speak with you about your case 24 hours, 7 days a week.
How Payer Law Personal Injury Lawyers Can Help You Maximize Your Claim for Workers’ Compensation Benefits in Miami, FL
The stress from fighting for workers’ comp benefits can worsen a terrible situation. In addition to dealing with the pain and suffering caused by your physical injuries, you must deal with the financial burdens caused by a workplace injury.
The workers’ comp insurance company has a team of adjusters, lawyers, and other insurance professionals to fight your claim. You deserve someone in your corner who can take on the company for you.
At Payer Law Personal Injury Lawyers, our lawyers have consistently gotten our clients winning results. Our lead attorney has nearly 30 years of experience in personal injury law. We are members of the Multi-Million Dollar Advocates Forum, and numerous legal organizations highly rate our lawyers.
When you hire our award-winning Miami personal injury lawyers, we handle all aspects of your workers’ comp case, including:
- Advising you of your legal options and how the Florida workers’ compensation system works
- Investigate the cause of your work-related injury and gather evidence proving what happened
- Prepare and file all documents and paperwork for your workers’ compensation claim
- Gather information and documentation necessary for your workers’ comp claim, including incident reports, medical records, employment records, wage statements, and more
- Schedule an Independent Medical Examination (IME) if the insurance company challenges the severity of your injuries
- Monitor deadlines to ensure claims are filed timely
- Work with leading experts to provide additional evidence and opinions to strengthen your case
- Represent you during all hearings and appeals
When you need experienced legal counsel after an injury on the job, call Payer Law Personal Injury Lawyers. Our Miami workers’ compensation attorneys are equipped to handle all types of cases. Contact us now to schedule a free case evaluation with a workers’ compensation lawyer in Miami, FL.
Our Miami Workers’ Compensation Lawyers Handle All Types of Claims
Workers are injured on the job every single day. The causes of these injuries include:
- Falls from heights
- Medical industry injuries
- Slip and fall accidents
- Occupational illness and disease
- Construction accidents
- Agricultural accidents
- Injuries caused by defective tools and machinery
- Caught-between and caught-in accidents (included in construction’s Fatal Four list)
- Manufacturing accidents
- Heavy machinery accidents
- Exposure to toxic and hazardous substances
- Repetitive motion injuries
The injuries caused by workplace accidents can be severe. Workers may suffer broken bones, traumatic brain injuries, spinal cord injuries, internal organ damage, and soft tissue injuries, among many others.
Injuries may result in life-altering impairments and disabilities. Our Miami workers’ compensation lawyers will help you apply for temporary and permanent workers’ comp benefits. We can also help you look into whether you can file a third-party personal injury lawsuit for additional compensation.
Am I Covered by Workers’ Compensation in Florida?
Most employers are required to provide workers’ compensation insurance, including:
- Non-construction employers with four or more employees
- Construction companies with one or more employees
- Agriculture employers with six or more employees
To qualify for workers’ comp benefits, you must have suffered a work-related injury or be diagnosed with an occupational disease. Your employer is required to provide workers’ compensation insurance, and you must be an employee. The injury must have occurred during the ordinary course of business. In other words, you were performing your required job duties when you were injured.
What Types of Workers’ Compensation Benefits Can I Receive for a Work Injury in Miami, FL?
When you are injured at work, you could be entitled to one or more workers’ comp benefits. The benefits you receive depend on the severity of your injuries and the duration of your recovery. The workers’ compensation benefits you could receive include:
- Medical Expenses – The insurance company or your employer should pay for all necessary and reasonable costs of medical treatment, including surgeries, hospitalizations, medical devices, doctors’ bills, and rehabilitative therapies.
- Temporary Total Disability – TTD is paid when you are out of work because of a work-related injury. The amount is based on two-thirds of your average weekly wages. However, the amount is subject to statutory caps.
- Temporary Partial Disability – TPD is paid when you can return to work on light duty. The benefits help offset the difference between your pre-injury and post-injury wages.
- Impairment Income Benefits – IIB is paid when you reach maximum medical improvement but have an impairment. The benefits are based on your impairment rating.
- Permanent Total Disability – PTD is paid when you reach maximum medical improvement but cannot work because of an impairment or disability.
- Death Benefits – Your family receives death benefits if you die because of a work-related injury. Benefits include funeral expenses, education benefits for your surviving spouse, and compensation to dependents.
Because workers’ compensation is a no-fault system, you can receive benefits even though you may be partially to blame for causing your injuries. However, Florida’s modified comparative negligence rule will apply if you file a third-party claim for a workplace accident.
What Is the Deadline for Filing a Workers’ Compensation Claim in Miami, FL?
Injured workers must provide notice of their injury or illness to their employers within 30 days. Notifying your employer within 30 days preserves your right to file a workers’ compensation claim.
Generally, you have two years from your accident date or diagnosis of an occupational illness to file for workers’ compensation benefits. However, you should not wait this long to file a claim or hire a lawyer.
Consulting an attorney as soon as possible allows your lawyer to gather and preserve evidence that could be key to proving your case. It also gives you the benefit of sound legal advice to avoid making errors that could hurt your case.
Can I Sue My Employer or a Third Party for a Workplace Injury in Florida?
Typically, you cannot sue your employer for an accident or injury covered by workers’ compensation. An exception might be in cases where an employer intentionally causes an employee harm.
However, you might have a claim against a third party for a workplace accident. A third-party claim is separate from a workers’ comp claim. You can file a third-party claim even though you receive workers’ comp benefits.
Examples of third-party claims for a workplace accident include:
- An injury caused by a defective machine or tool results in a product liability claim
- A traffic accident caused by another driver while you were making deliveries for work
- Hazardous property conditions cause a slip-and-fall accident
A third-party claim is a personal injury claim. Therefore, you can receive compensation for all economic damages, including loss of income, medical expenses, property damage, and out-of-pocket expenses.
You can also recover non-economic damages, which are not covered by workers’ comp. These damages compensate you for pain, suffering, emotional distress, permanent impairments, and diminished quality of life.
Another difference is fault. You must prove fault before you can recover compensation for damages in a third-party claim. Negligence is the common cause of accidents. Therefore, you would need to prove that the other party caused your injury and that you sustained damages.
Also, third-party claims are subject to contributory fault. If you are partly to blame for causing your injuries, your compensation can be reduced by your percentage of fault. If you are more than 50% to blame, you could be barred from receiving any money for your claim.
The deadline to file most third-party claims is two years from the injury date. However, exceptions could apply that change the statute of limitations. It is best to seek legal advice as soon as possible after a workplace injury.
Schedule a Free Consultation With Our Miami Workers’ Compensation Lawyers
Were you injured at work in Miami, FL? We are here to help. Workers’ comp claims can be time-consuming and frustrating. You should not need to fight with a workers’ comp insurance company while you are recovering from your injuries.
Our attorneys can help you with a workers’ compensation claim. We also evaluate your case to determine if you have a third-party claim. Our legal team works to maximize the amount you recover for your injuries from every available source of compensation.
Let Payer Law Personal Injury Lawyers take up the fight for you. Call now for a free case review with an experienced Miami workers’ compensation attorney.
