Workers’ compensation is a necessary part of being employed. Whether you have been working at your job for ten days or ten years, getting hurt while on the job can be very traumatizing. Remember that an on-the-job injury affects your physical, emotional, financial, and professional life. The government designed the workers’ compensation legal system primarily to protect those workers who are victims of on-the-job injuries. For example, an injured worker can still collect workers’ comp in Florida even if they were responsible for causing the accident.
In this article, we will be addressing some of the questions people ask when it comes to Miami workers’ comp. In addition, you should know that having a Miami workers’ compensation attorney will help in making your claim an easier and faster process.
Top FAQs About Workers’ Compensation in Miami, FL
When workers get injured while working, these are some of the questions at the back of their minds. So, below are the answers to the most pressing questions concerning workers’ comp in Miami, FL.
How Long Do I Have To Report an On-the-Job Injury in Miami, FL?
In Miami, FL, there are two critical deadlines you have to keep in mind when it comes to workers’ compensation. The first is the time limit on reporting your injury to your employer, while the second is the time limit to file for your workers’ comp benefits.
Florida law states that you have 30 days to report your on-the-job injury to your employer for the first deadline. On the other hand, you have two years to file a petition for your workers’ comp benefits.
How Is Workers’ Compensation Calculated in Miami, FL?
The severity of your on-the-job injury determines the calculation of workers’ comp. For instance, for temporary disability (the most common), you calculate two-thirds of your average weekly gross wage for 13 weeks before the accident. In Florida, the maximum amount for temporary disability benefits is $971 per week. Also, when calculating workers’ comp, some additional benefits may increase your settlement.
How Long Does Workers’ Compensation Last in Miami, FL?
The duration you can receive workers’ compensation usually varies according to each case. However, for most people, their workers’ compensation lasts for 104 weeks. While for others, they enjoy workers’ compensation benefits until they resume back to their previous job.
Note that injured workers do not get paid their workers’ compensation benefits for the first week they miss work. However, if you miss work for 21 days or more because of your injury, you can receive workers’ compensation for the time you missed.
What Injuries Do Workers’ Comp Cover?
You should know that if the workers’ compensation act does not recognize your injury, you will not be eligible to apply for the benefits. Below are the injuries that Florida’s workers’ compensation covers.
- Brain injury
- Occupational diseases
- Spinal cord injury
- Stress-related injury
- Hearing loss
- Permanent blindness
- Repetitive motion injuries, e.g., carpal tunnel syndrome
Who Pays for My Health Insurance While I’m on Workers’ Comp?
It is unfortunate to note that you might lose your employer-sponsored health insurance coverage while receiving workers’ comp benefits. For instance, some employees will face retaliation from their employers because they file a workers’ compensation claim.
However, you will be pleased to know that your workers’ comp benefits cover all the medical expenses that may arise due to the work-related injury. Additionally, it is not in all cases that employers withdraw the health insurance coverage, so your health insurance will remain intact.
Can I Be Fired for Filing a Workers’ Compensation Claim in Miami, FL?
No, you cannot. In fact, in Miami, FL, it is illegal for your employer to fire an employee for filing a workers’ comp claim. This is because workers’ compensation is a right, and firing someone for claiming their right, is an infringement.
However, there have been instances where employers fire employees under workers’ comp insurance with excuses like “budget cuts” and “inflation.” With the help of your attorney, you can decide to contest this in court.
Talk to a Workers’ Comp Attorney From Our Firm Today!
When filing a workers’ comp claim, you need all the help you can get. Because while you focus on recovering from your injury, you need someone to carry out the legal battle. It would be best if you had a skilled Miami workers’ comp attorney for this.
Our lawyers treat your case like it is of utmost importance. This is because we understand how important it is for you to get justice. Also, we commit to bringing you the best result in your case. When you contact our 24/7 toll-free customer service, you will speak with a live person who can help. You will also get a free consultation. So, contact us today.