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WORKERS' COMPENSATION ATTORNEY IN MIAMI
A workplace injury hits harder than most people realize. Suddenly, you’re juggling medical appointments, missing paychecks, and worrying about how long your recovery will take, all while trying to keep pressure off your family. At Morgan & Morgan, we’ve represented thousands of injured workers throughout Florida.
Results may vary depending on your particular facts and legal circumstances. The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
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Injured and not sure what to do next?
We'll guide you through everything you need to know.
What do I need to know about Florida workers’ compensation laws?
Florida law requires most employers to carry workers’ compensation coverage, often regardless of fault. If you work in construction, hospitality, retail, health services, transportation, or government, you are likely covered. Workers’ compensation can provide medical care, wage replacement, and disability benefits when an on-the-job injury or illness disrupts your life.
But coverage doesn’t guarantee fairness. Insurance companies may question the severity of your injury, push their preferred doctors, or deny claims outright. That’s why the process, from reporting the injury to gathering evidence, matters so much.
What steps should I take immediately after a workplace injury?
Taking the right actions early can prevent major problems later in your claim. After an injury:
- Report it to a supervisor or manager right away.
- Document what happened, including photos, witnesses, and written details.
- Request medical treatment, even if the injury seems minor.
- Follow all doctor recommendations and keep records of everything.
- Consult an attorney if anything feels off, delayed, or denied.
These early moments can set the tone for the entire case.
What are the common workplace accidents in Miami?
Miami’s workforce is diverse, and so are the types of injuries we see. Some of the most common sources of workers’ compensation claims include:
- Construction falls, equipment accidents, and electrical injuries
- Slip and falls in hotels, restaurants, and retail locations
- Transportation injuries involving delivery drivers and rideshare workers
- Nursing and healthcare-related injuries, including lifting and repetitive strain
- Warehouse accidents involving forklifts, loading docks, or heavy materials
- Office-based injuries like carpal tunnel, back strain, and overuse conditions
- Chemical exposure, toxic fumes, cleaning agents, or hazardous materials affecting workers in construction, manufacturing, janitorial, and laboratory environments
Whether your injury or illness happened suddenly or developed over time, you may still qualify for benefits.
What’s the difference between temporary and permanent disability benefits?
Florida separates disability benefits into different categories:
- Temporary Total Disability (TTD): When you cannot work at all during recovery.
- Temporary Partial Disability (TPD): When you can work with restrictions but earn less than before.
- Permanent Impairment Benefits (PIB): After maximum medical improvement (MMI), your doctor assigns an impairment rating.
- Permanent Total Disability (PTD): Reserved for the most serious injuries that prevent you from ever returning to work.
Understanding which category applies to your case and when can make a major difference in your long-term benefits.
What role do Independent Medical Evaluations (IME) play in my claim?
After you file a claim, the insurance company may require you to attend an IME with a doctor of their choosing. These evaluations can significantly impact your case.
Insurance-selected doctors often minimize or dispute injuries. That’s why many workers also obtain their own medical opinions. When attorneys get involved, we challenge flawed IMEs, present counter-evidence, and ensure the insurer can't use an unfair evaluation to reduce or deny your benefits.
What if my employer retaliates after I file a claim?
Florida law makes it illegal for an employer to punish you for reporting a workplace injury or filing a workers’ compensation claim. Retaliation may include:
- Cutting your hours
- Reassigning you unfairly
- Harassment
- Wrongful termination
If this happens, you may have an additional claim, and we take these cases very seriously.
Who can be held liable for a workplace injury besides my employer?
Workers’ compensation prevents you from suing your employer in most cases. But if someone other than your employer caused the accident, you may have a separate third-party personal injury claim. Examples include:
- Faulty equipment or machinery that malfunctioned
- Negligent subcontractors on construction sites
- Dangerous property conditions created by a non-employer
- Reckless drivers injuring you while you were working
These additional claims can help you recover damages that workers’ compensation does not cover, including pain and suffering.
How does workers’ compensation work with Social Security Disability?
For severe or long-lasting injuries, some workers apply for Social Security Disability benefits while also receiving workers’ compensation. These systems overlap, and one can affect the other. We help workers strategically navigate both programs so they don’t lose access to the benefits they need.
How long do I have to report a workplace injury in Miami, FL?
Florida requires workers to notify their employer within a limited window after an injury, but the reality is this: the sooner you report it, the safer your claim will be. Delays make insurance companies suspicious, and they may argue that the injury didn’t occur at work, wasn’t serious, or happened elsewhere entirely.
Reporting promptly also ensures you receive authorized medical care right away and creates a clear paper trail linking your injury to your job. Even if your symptoms seem minor at first or develop over time, like back pain, repetitive strain injuries, or chemical exposure, you should notify your employer as soon as you realize something is wrong.
If your employer discourages reporting, refuses to document the incident, or downplays your injury, that’s a red flag and a sign it may be time to speak with an attorney.
What benefits can I receive through workers’ compensation in Florida?
Depending on your injury, benefits may include:
- Medical treatment
- Wage replacement during recovery
- Mileage reimbursement for medical visits
- Temporary or permanent disability payments
- Vocational rehabilitation
- Survivor benefits in fatal cases
In some situations, you may also qualify for a separate personal injury claim.
Can I choose my own doctor for a workers’ compensation claim in Miami?
Not at first. Florida’s workers’ compensation system typically requires you to see a doctor chosen by the insurance company. However, you can request a one-time change of doctor, and an attorney can help you make that request strategically.
What happens if my employer denies my workers’ compensation claim?
A denial isn’t the end. You can file a Petition for Benefits and challenge the insurer’s decision. Attorneys regularly uncover missing paperwork, flawed IME reports, and unfair claim evaluations that can be overturned on appeal.
How much does it cost to hire a workers’ compensation lawyer in Miami?
At Morgan & Morgan, we believe that everyone deserves experienced legal representation, regardless of their financial situation, so you pay nothing up front. Attorneys’ fees come from a percentage of the benefits recovered, and only if your case is successful. The Fee Is Free®.
What types of injuries are covered under Florida workers’ compensation law?
Coverage includes nearly all injuries that occur on the job, including:
- Back and neck injuries
- Broken bones
- Repetitive stress injuries
- Burns and electrical injuries
- Head, brain, and spinal injuries
- Psychological injuries (with physical trauma)
- Occupational illnesses
- Knee, shoulder, and joint injuries
Sudden accidents and long-term wear and tear might both be covered.
Can undocumented workers file for workers’ compensation in Miami?
Yes. Florida’s workers’ compensation laws apply regardless of immigration status, and employers cannot legally deny benefits simply because you are undocumented. If you were hurt on the job, you are still entitled to medical treatment, wage replacement, and other benefits offered through the system.
In fact, many undocumented workers fear retaliation or termination if they report an injury, but state law protects their right to seek benefits without being punished for it. If an employer threatens you, refuses to file your claim, or tries to use your status against you, an attorney can step in immediately to protect your rights.
How long does it take to resolve a workers’ compensation claim in Florida?
It depends. Straightforward cases may resolve within weeks, while disputes involving IMEs, appeals, or complex injuries can take months or longer. An attorney’s involvement often helps speed up delays.
What evidence strengthens a workers’ compensation case in Miami?
The strongest claims include:
- Immediate injury reporting
- Detailed medical records
- Witness statements
- Accident photos
- IME challenges or second opinions
- Documentation of lost wages
- Proof of employer safety violations
The more evidence you have, the harder it becomes for an insurer to minimize your injury.
Why should I choose Morgan & Morgan for a Miami workers’ compensation case?
When your health, job, and financial stability are on the line, you don’t want to take chances. Our Miami workers’ compensation team brings decades of experience, deep knowledge of Florida law, and the backing of America’s Largest Injury Law Firm. We know how these claims work, where they go wrong, and how to push insurers to do what they should have done from the start.
If you were injured at work, you deserve support, and you deserve answers. Start with a free case review. There are no upfront costs, and you only pay if we win. The Fee Is Free®.























