MIAMI WORKERS’ COMPENSATION LAWYER
Trying to secure Florida workers’ compensation benefits can be complicated. Working with an experienced Miami workers compensation attorney can streamline the process significantly, taking stress off you and giving you time and space to recover from your injury. Payer Laws experiend team of Miami personal injury lawyers are here to help. Contact us today by calling (305) 363-7099 or reaching out online.
Reviewed by: James D. Payer
KEY TAKEAWAYS
- You must file your workers’ compensation claim promptly to protect your right to benefits under Florida law.
- Workers’ compensation covers many workplace injuries, but you might also have a personal injury claim if a third party caused your accident
- We have recovered over $100 million for injured workers throughout Miami-Dade County, securing compensation for medical bills, lost wages, and more.
- Our attorneys have decades of experience handling claims involving falls, machinery accidents, repetitive stress injuries, and occupational illnesses.
- Our staff is multilingual offering services in Spanish and English
- We provide free consultations and work on a contingency fee basis—no upfront costs, and you pay nothing unless we win your case.
What Miami Workers Need To Know About Workers' Compensation in Florida
As an injured worker in Miami, you have a few important things to keep in mind about Florida’s workers’ compensation system. These include the basics of how workers’ compensation functions in Florida and relevant state laws that will apply to your claim.
What Is Workers’ Compensation?
Workers’ compensation is the system of benefits that compensates workers for injuries suffered on the job and the time they are unable to work. Benefits can include medical reimbursement, lost wages, loss of future earnings, and more. In Florida, the Division of Workers’ Compensation at the Department of Financial Services administers workers’ compensation.
Workers’ comp in Florida is a no-fault system, which financially protects both employers and employees. “No-fault” means the employer cannot be held liable for your injury through a personal injury suit, and you can receive benefits even if you were partially responsible for your workplace injury.
When you file a workers’ compensation claim, your benefits will be paid out by your employer’s workers’ comp insurance. This can lead to claim denials and disputes when insurers try to avoid major payouts. A Miami work injury attorney can help you negotiate with your employer’s insurer to seek fair compensation.
Florida Statute 440 Explained
Florida workers’ compensation claims are governed by Chapter 440 of the Florida Statutes, often called Statute 440. There are a few provisions that can be especially relevant to injured workers.
- § 440.10 defines when employers are liable for workplace injuries and what they’re obliged to cover.
- § 440.15 explains compensation for permanent and temporary disability.
- § 440.19 sets time limits for benefits petitions, including the 30-day notice requirement and the statute of limitations.
- § 440.20 details the timeline during which benefits must be paid out for a successful claim.
- § 440.39 provides more information about compensation for third-party liability claims.
Statute 440 is a lengthy law with dozens of subsections. A reliable Miami workers’ compensation attorney will be thoroughly familiar with the statute and can analyze your case according to applicable laws.
Common Workplace Injuries in Miami
Industries that are particularly prevalent in Miami can lead to certain types of common workplace injuries.
Construction Site Accidents
Miami construction accidents can lead to many serious injuries, including electrocution, laceration, crushing injuries, falls, burns, and many other conditions.
Healthcare Worker Injuries
Healthcare workers can be susceptible to injuries due to the risks associated with patient care. These include biohazard exposure, patient handling accidents, and needlestick injuries, which can lead to infection.
Hospitality Industry Hazards
Workers in the hospitality sector risk many types of injuries, including burns for kitchen workers, chemical exposure for cleaners, and slips, trips, and falls for workers in general.
Repetitive Stress Injuries
Repetitive stress injuries are injuries to parts of the body impacted by repetitive tasks at work. These are common in office settings, where constant typing can cause carpal tunnel, and factories, where a worker may damage arms, hands, shoulders, and other parts of the body by doing the same task all day.
Navigating the Workers' Compensation Claim Process in Florida
There are three main steps in the workers’ compensation claim process.
Reporting the Injury
First, you are required to report the injury or illness to your employer within 30 days of the incident. It’s best to notify your direct supervisor of the injury in writing and to save screenshots, emails, or other records that the notice was submitted. This protects you from having a claim denied on the grounds that you did not appropriately report the injury. If you miss the 30-day reporting window, you lose the right to pursue compensation. It’s critical to notify your employer as soon as possible after a workplace injury.
Florida’s workers’ compensation law (F.S. §440.185) requires that an employee who suffers an injury at work must notify his or her employer of the injury no later than 30 days after the date of injury. We always recommend that this “notice” be provided to your supervisor and should always be in writing to prevent an employer from denying that notice was provided in an attempt to deny your claim. Today many injured workers are using text messages to document “notice” by saving the message and taking a screenshot. [We have successfully used text messages to prove “notice” in Court and help injured workers get the benefits they deserve.]
– James D. Payer
Medical Treatment and Documentation
Workers’ compensation claims are heavily dependent on thorough documentation of medical treatment for your condition. You’ll need a complete exam from an authorized medical provider stating the nature of your injury and how it occurred. Keep comprehensive medical records of your appointments to prove that you’re being treated and taking your condition seriously.
Dealing With Insurance Companies
Trying to communicate and negotiate with insurers after a workers’ compensation injury can be difficult because insurance companies’ top priority is their bottom line. Insurers will attempt to have their adjusters and legal team working pay out the lowest possible amount of compensation, or sometimes deny claims altogether.
Can You Sue Your Employer or a Third Party for a Workplace Injury in Miami?
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 Florida Personal Injury Statute of Limitations. It is best to seek legal advice as soon as possible after a workplace injury.
How Payer Law’s Miami Work Comp Lawyers Can Assist You
James Payer has over 30 years of legal experience helping work accident victims in Miami navigate Florida’s workers compensation system ensuring they are compensated for their injuries. Our team will work with you to gather evidence, organize records, negotiate with your employer’s insurer, and appear before a judge if necessary to help you pursue the benefits you deserve after a workplace injury. We handle the legal heavy lifting so you can focus on healing after being hurt at work.
Personalized Legal Strategy
We pride ourselves on providing tailored representation to every client we take on. We combine an aggressive, hands-on approach to every case with close attention to detail and deep empathy for our clients. Our Miami workplace accident attorneys dedicate themselves to telling clients’ whole stories in court, building the strongest possible case to seek full, fair compensation.
Proven Track Record
James Payer and our team are committed to fighting for fair compensation for victims of workplace injuries. We’ve secured over $100 million in case results for our injured clients over our decades of legal practice. Our proven track record of success includes:
- $10 million for a garbage truck worker run over by a coworker who ran a stop sign.
- $1.48 million for a worker shot in the eye by a nail gun after being denied appropriate protective goggles.
- $1 million for a warehouse worker who tripped and struck the back of his head on the concrete floor, suffering a traumatic brain injury and severe spinal cord damage that led to myelopathy and limited his ability to walk.
- $675,000 for a client who sustained multiple herniated discs in his lower back at work, causing foot drop and neuropathy in his lower extremities.
- $300,000 for a worker who tripped and fell in a warehouse while retrieving parts, resulting in serious spinal cord injuries.
If you’ve been hurt on the job in Miami, you’re not alone. Reach out today to see how our workers’ compensation attorneys can help.
Miami Work Comp FAQs
What Benefits Am I Entitled To Under Workers' Compensation?
The benefits you may be entitled to under workers’ compensation vary depending on the nature and severity of your injury. Benefits can include reimbursement for medical bills, lost wages, and longer-term compensation to make up for a decreased ability to work or permanent disability. Families of workers killed on the job may be eligible for death benefits through workers’ comp.
Can I Be Fired for Filing a Workers' Compensation Claim?
You cannot be fired for filing a workers’ compensation claim. Florida Statute § 440.205 states that your employer cannot “discharge, threaten to discharge, intimidate, or coerce” you into taking any action in response to a workers’ compensation claim. If you’re facing employer retaliation at work, talk to a lawyer immediately to discuss your legal options.
How Long Do You Have to File a Workers’ Compensation Claim in Miami?
After that time, you have two years from the date of the injury or the date you discovered it to file a workers’ compensation claim.
What if My Claim Is Denied?
You have the right to appeal a denied workers’ compensation claim. An attorney can help you file a Petition for Benefits with the Office of the Judges of Compensation Claims (OJCC) to begin the appeals process. After filing for appeal, you will enter mediation with the insurer to negotiate a settlement. If negotiations are unsuccessful, your case will go before a workers’ compensation judge for an appeal hearing.
Do I Need a Lawyer To File a Workers' Compensation Claim?
You’re not legally required to hire an attorney to file a workers’ compensation claim in Florida. However, having a lawyer on your side can be a major benefit when navigating the workers’ comp process. Your attorney will investigate your claim, collect evidence, help you file documents correctly, and handle negotiation and communication with other parties. If you’re looking for an attorney to handle your workers’ compensation claim, Payer Law can help. Call (305) 363-7099 or reach out online today.
12000 Biscayne Blvd STE 503
Miami, FL 33181
(305) 363-7099
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