The Miami area is booming, and all of the new construction is keeping many employees working steadily, which is certainly a good thing for the entire economy in South Florida. The construction field is filled with folks who work long, hard hours, often in dangerous conditions. Fortunately, most of the time, these hard-working men and women leave the workplace with their paychecks and a sense of accomplishment. However, sometimes they leave with much more than that – workplace injuries. The sad reality is that as the area continues to grow, and there is more new construction, workplace accidents will continue to occur, and likely continue to increase in frequency. The Bureau of Labor Statistics reports that work-related fatalities, injuries, and illnesses continue to rise and, in fact, the number of work-related fatalities in the construction field increased every year between 2010 and 2014.

What Happens In The Event Of A Workplace Accident?

When you are hurt on the job, what happens? Who is responsible?  Generally speaking, employers have a responsibility to make sure the workplace is a safe one, and they have the further responsibility to obtain appropriate workers’ compensation insurance coverage for their employees.  Coverage includes benefits for medical expenses, lost wages, and death benefits.

How Is The Rate Of Compensation For Lost Wages Determined?

Once you have been injured, a determination needs to be made about how much your weekly benefit should be. The rate, amount, and the duration of compensation for all disability benefits are detailed in the workers’ compensation law. There are two types of temporary disability benefits to which you may be entitled to compensate you for some of your lost wages.  These include Temporary Total Disability, in which case your doctor says you cannot work because of your work-related injury or illness, and Temporary Partial Disability, in which case your doctor says you can return to work with some restrictions. A component of partial disability is Impairment Benefits, in which case your doctor states that your medical condition is not expected to improve significantly, and you would then be evaluated for possible permanent disability. Secondly, there are Permanent Total Disability Benefits, in which case your injuries are so severe, as defined by law, that you are left permanently unable to work. In this case you may receive permanent total disability benefits. Who makes this determination? Florida’s Division of Workers’ Compensation website describes the Maximum Workers’ Compensation Rate as set forth by the Florida Department of Economic Opportunity, which has determined the maximum weekly compensation rate for work-related injuries and illnesses occurring on or after January 1, 2016 shall be $863.00. But does everyone qualify for that full amount?

Take Action To Protect Your Rights

If you have been injured at the workplace, do not wait to contact a Miami attorney who can help you understand the workers’ compensation process. A legal professional can help you learn the law and how it applies to your case. Do not let intimidation and fear hold you back from finding out about your rights and how to claim what is yours.