Miami Workers' Compensation Attorneys


Updated

Jul 23, 2018

Unexpected medical bills and lost wages resulting from a workplace injury can make life very difficult, especially if you are simultaneously trying to recover from an injury. Worse yet, employers and insurance companies frequently look for ways to avoid paying you benefits like workers’ compensation, complicating your road to recovery.

At the Morgan & Morgan office in Miami, our workers’ compensation attorneys benefit from nearly three decades of legal experience. We have helped thousands of clients with their workers’ compensation claims. Our attorneys have learned the tactics insurance companies may try to use to avoid paying you these benefits, and have developed effective counterarguments to make sure this doesn’t happen. Our attorneys have seen the devastating impacts a workplace injury can have on a family and want to keep that from happening to you.

If you were injured on the job, and think you are not receiving the full range of benefits you are entitled to, it may be time to reach out to a Morgan & Morgan attorney. To learn more about your rights, and find out exactly how a Miami workers’ compensation lawyer can help, please complete a free, no-obligation case review form today.

Does My Employer Have Workers’ Compensation Insurance?

With few exceptions, every employer in Florida is required to have workers’ compensation insurance if they meet certain conditions. Those conditions are:

  • If you work in an industry besides construction, and your employer has four or more employees, full or part-time, your employer must carry workers’ compensation insurance except for corporate officers.
  • If you work in the construction industry, and your employer has at least one employee, they must carry workers’ compensation coverage except for corporate officers and members of a limited liability company.
  • If you are employed by the state or local government, your employer is must carry workers’ compensation insurance.
  • If you work for a farmer that employs at least five regular employees or at least twelve seasonal workers that work for a minimum of thirty days, your employer is required to carry workers’ compensation coverage.

How Can An Attorney Help With My Workers’ Compensation Claim?

Workplace injuries can happen in a variety of ways, and the circumstance of your injury will affect how our workers’ compensation attorneys in Miami can help. Whether you have sustained a muscular, bone, or head injury, a combination of all three, or something else entirely, you are still entitled to workers’ compensation benefits if it happened at work. Your Miami workers’ compensation attorney may help you file and bolster your workers’ compensation claim in the following ways:

  • Explain each step of the claims process
  • Gather relevant medical documents
  • Interview witnesses to support your claim
  • Consult with medical experts about the severity of your injury
  • Mediate with your employer’s insurance company
  • File the claim

In the event your claim is denied, all hope of receiving workers’ compensation benefits is not lost. Your attorney can continue to fight for you by filing an appeal to have your case reevaluated.

What Is The Workers’ Compensation Insurance Claims Process?

If you are able to collect the full benefits you are eligible for under workers’ compensation, they will go a long way towards making your life easier while recovering from a workplace injury. However, to get those benefits, you need to go through the workers’ compensation claims process. The workers’ compensation claims process entails the following steps:

File a Notice With Your Employer: In order to qualify for workers’ compensation benefits, Florida law stipulates that you must report your job-related injury to your employer within 30 days of the incident that caused it. Your employer has seven days to pass this along to their workers’ compensation insurance provider.

File a Claim With the Insurance Company: After filing a notice with your employer you will have to make a claim for workers’ compensation benefits. The claim will include a detailed account of how the injury occurred and its lingering effects. This is very important because it will be a determining factor in the workers’ compensation benefits you are eligible for. To ensure this crucial step is done correctly so you don’t miss out on any benefits, you may want to consider hiring an attorney.

Independent Medical Evaluation: After filing an insurance claim, the insurance company will want to have you received an IME by a doctor of its choosing. You should not rely on this evaluation, though, and we recommend getting a second opinion. When your claim is reviewed both evaluations will be considered.

Insurance Company Evaluates Your Claim: Once the claim has been filed, and you have received your medical evaluation, the insurance company will review your claim and determine the benefits you’re eligible for. If the insurance company denies your claim or offers you less than you and your attorney feel you deserve, you may file an appeal with Division of Administrative Hearings.

What Types of Compensation Am I Eligible For?

Typically, workers’ compensation insurance pays out benefits for medical bills and replacement wages. Each case is different, though, so the specific circumstances of your injury will determine the benefits you receive. In certain cases, though, there may be an additional way to receive compensation for your workplace injury. You may be able to file a third-party lawsuit if your injuries were caused as the result of a third-party, such as if the machine you were working with malfunctioned because of a defect and caused you injury.

Don’t Wait to Contact an Attorney About Your Workers’ Compensation Case

If you were injured on the job, you may be eligible to receive compensation for medical bills and lost wages from your employer’s insurance provider and in some cases a third party. To find out if you have a valid claim and how a workers’ compensation attorney in Miami may be able to help, contact us by filling out this free case review form today.

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