- A Miami workers compensation lawyer can help you with your claim.
- Workers’ compensation is a type of no-fault insurance designed to compensate employees who are injured on the job.
- Even if you were at fault for your injury, you can still qualify for workers’ compensation.
- These benefits usually cover medical expenses and lost wages.
- Insurance companies may be reluctant to pay out–an experienced workers’ compensation lawyer can help you secure the benefits you deserve.
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Have you been injured on the job in Miami? From a slip and fall to a hazardous chemical exposure, workplace injuries are commonplace, with nearly 3 million reported every year. These injuries can be a major financial burden, leaving you with expensive medical bills and impacting your ability to work.
Workers’ compensation benefits are available to help workers who are injured on the job, but getting those benefits approved by your employer’s insurance company can be an uphill battle. At Werner, Hoffman, Greig & Garcia, our experienced Miami workers’ compensation lawyers are dedicated to fighting for the full benefits you deserve after a workplace accident.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance that provides benefits to workers injured on the job. Injured workers can receive compensation for medical expenses and a portion of their lost wages, even if they’re at fault for their own injury.
Most employers in the state of Florida with four or more employees are required to carry workers’ compensation insurance. Some types of businesses, like construction companies, must carry workers’ compensation insurance even if they only have one employee.
Who is Eligible for Workers’ Compensation Benefits?
Most employees in Florida are eligible for workers’ compensation benefits, regardless of their immigration status. You are eligible if you are:
- An employee of a covered employer (not an independent contractor)
- Injured while performing your work duties
- Incapacitated for more than seven days
- Not intoxicated or under the influence of drugs at the time of the injury
It doesn’t matter if you caused your own injury: as long as you were injured while performing work functions, you qualify. Workers’ compensation is a no-fault system.
Types of Hazards that Cause Injuries in the Workplace
On the job, there are many situations you may encounter that could cause injuries in the workplace. Some of these workplace hazards include:
- Safety hazards like wet floors, dangerous machinery, or old scaffolding
- Biological hazards like bodily fluids, poisonous plants, mold, or bacteria
- Chemical hazards like fuel, pesticides, lead, or acids
- Ergonomic hazards like heavy lifting, repetitive motion, or excessive vibrations
The specific hazards you encounter may vary depending on your profession, but any of these have the potential to create a painful and debilitating workplace injury.
Types of Injuries Caused by Workplace Accidents
According to the National Safety Council, the most common types of workplace injuries include:
- Overexertion and bodily reaction: Activities like lifting, pushing, or repetitive motion may cause stress or strain in the body.
- Contact with objects and equipment: Workers interact with many different types of dangerous objects and equipment while on the job and may be struck by an object, crushed by machinery, exposed to dangerous vibrations, or otherwise harmed.
- Slips, trips, and falls: Workers may fall on a slippery surface, from a ladder, or through a floor.
- Exposure to harmful substances or environments: Exposure to electricity, fire, radiation, extreme temperatures, contagious diseases, and more can put workers at significant risk.
These can leave workers with a variety of serious injuries, such as:
- Broken bones
- Strains and sprains
- Internal bleeding
- Diseases
- Traumatic brain injuries
- Neck and back injuries
- Amputations
- Burns
- Toxic exposure
- And more
Damages You Can Recover from a Work Injury
Workplace injuries can be devastating and expensive. Workers’ compensation benefits are intended to compensate you for the financial strain caused by your workplace injury. Specifically, workers’ compensation usually covers medical expenses and lost wages.
It’s important to note that workers’ compensation doesn’t usually include pain and suffering or emotional damages. The impact the injury has on your life outside of the financial damages isn’t covered.
However, workers’ compensation does take disability into account, to the extent that the injury you sustained on the job affects your ability to work and earn money in the future. Get in touch with a Miami workers’ compensation attorney to learn about the damages you may qualify for.
Do I Need to Hire a Miami Workers’ Compensation Lawyer?
You are not required to hire a lawyer to file for workers’ compensation. However, it’s still a very good idea. Hiring an experienced attorney can significantly increase your chances of success.
An attorney can help you:
- Understand your rights and legal options
- Gather evidence
- Complete the necessary paperwork
- Negotiate with the insurance company
- Represent you in court if necessary
If possible, you want to choose a local team from the Miami area, such as a West Miami or Coral Gables workers’ compensation lawyer, to manage your case.
How Can Werner, Hoffman, Greig & Garcia Help with My Miami Workers’ Compensation Claim?
Insurance companies will do whatever it takes to minimize your payout, and they have teams of experienced lawyers working very hard to make sure you don’t get the money you deserve. You should have someone fighting for you too.
An experienced workers’ compensation lawyer can advocate for your best interest and secure a fair settlement.
Contact Werner, Hoffman, Greig & Garcia for a Free Case Evaluation
If you’re been injured on the job in Miami, don’t hesitate to reach out to Werner, Hoffman, Greig & Garcia for a free evaluation of your case. We are committed to fighting for the compensation you deserve so that you can focus on recovering from your workplace injury.
You can contact us online or by calling at (800) 320-HELP.
Frequently Asked Questions
How long do I have to file a workers’ compensation claim in Florida?
You have 30 days from the date of your injury to report your injury to your employer. Failure to do so in time may put your claim at risk.
Why do workers comp claims get denied?
Workers’ compensation claims can be denied for a variety of reasons, including:
- Lack of Sufficient Evidence
- Missed Deadlines
- Discrepancies or Inconsistencies in the Claim
Can I receive compensation if I caused my own injury at work?
Even if you caused your own injury at work, you can still receive workers’ compensation. As long as you were injured while performing your work duties, and you weren’t under the influence of drugs and alcohol, you should be able to qualify for at least some compensation.
Speak with an experienced Miami workers’ compensation attorney for a personalized evaluation of your case.
How can I file a workers’ compensation claim?
After seeking medical attention for your injury, inform your employer as soon as possible. From there, they should get in touch with their insurance company.
If you don’t hear from your employer’s insurance company, you may need to file your claim yourself. At this point, it’s a good idea to work with a lawyer.
What can I do if my workers’ compensation claim is denied?
If your workers’ compensation claim is denied, don’t panic. It’s time to contact a lawyer. You have the right to file an appeal, and an experienced Miami workers’ compensation lawyer can guide you through the process and help you make a stronger case.