If you, or someone you love, have been injured or become ill in a workplace, you may qualify for workers’ compensation. Workers’ compensation will help to cover your lost wages, as well as your medical bills that are incurred due to your injury. Most states have a requirement that a place of business carries worker’s compensation insurance. Each individual state will have its own particular’s so you’ll need to check with a Hialeah workers’ compensation lawyer to be able to determine how much your case may be liable for.
It’s the business owner’s responsibility to ensure that they’ve purchased workers’ compensation via a licensed insurance company. If you’ve been injured or become ill due to a work-related injury, or exposure to something that made you ill, give our personal injury lawyers a call at (786) 686-2857 today and let us help you with your worker’s compensation case. Avoid signing anything before you’ve contacted a lawyer. You don’t want to risk losing out on any of your potential compensation.
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What is Workers Compensation?
Workers’ compensation is a type of insurance that provides a replacement for wages that are lost due to an on-the-job injury. This compensation will cover the loss of wages, as well as the medical payments due to the injury for employees who were injured on the job due to the business’s “tort of negligence”.
If you’ve been injured on the job, you’re entitled to some specific relief that includes the following:
- Medical treatment (this includes any hospital stays).
- Temporary or total disability if your doctor determines that you’re not able to return to work for a time.
- Prescriptions related to your injury or illness.
- Physical therapy.
- All necessary travel expenses (to and from physical therapy and doctor’s appointments etc.).
- If necessary, vocational rehabilitation to help you learn a new trade.
- If someone you love is killed on the job the family may also be entitled to funeral expenses.
It’s important to understand that each and every case is unique in its own way. For this reason, each individual case will be fully evaluated to see what you may be entitled to in a court of law for your particular worker’s compensation case.
What Should I Do If I Am Hurt On The Job?
- If you’re injured on the job, immediately report the injury to your employer.
- See a doctor as soon as possible and follow all of your doctor’s instructions in regards to your injury.
- Take pictures of any of your injuries if they are visible.
- Write down the date and time of your injury and any symptoms. Keep a written record of any and all doctor’s visits.
- File a workers’ compensation claim with the aid of a Worker’s Compensation Attorney.
- Recover, rest, recuperate.
What Are The Most Common Workplace Injuries?
It’s important to understand that anyone, at any time, can be injured at work. Here are the most common injuries that can happen at work:
- Accidents while traveling for work.
- Accidents while working with tools or machinery.
- Back / Neck Injuries
- Construction site accidents.
- Hearing Loss
- Joint Pain
- Repetitive injuries (wrist, etc.).
- Slip and Fall type accidents
Why Should I Hire A Hialeah Workers Compensation Lawyer?
A workers’ compensation lawyer knows the rules and regulations for Hialeah, Florida. They will be able to help you with your case. You don’t have to go it alone, know what you’re entitled to and what you can file for to ensure that you’re being fairly represented in a court of law.
How Much Does it Cost to Hire a Hialeah Workers Compensation Attorney?
In the state of Florida, Workers Compensation Attorneys are all paid via a contingency fee. In short, this means that the attorney will receive a percentage of your settlement for their payment. You’ll never have to pay a Worker’s Compensation fee to an attorney unless you receive a settlement and that fee is paid out of the settlement so you’ll never have to pay out of pocket.
What Should I Do If My Workers Compensation Claim is Denied?
If for any reason your worker’s compensation claim is denied contact your attorney and request a meeting with the employer and their insurance company. Often the claim can be settled out of court. It may take several meetings to receive your worker’s compensation claim.
What Responsibility Does The Employee Have In Filing a Workers Comp Claim?
The employee must file the worker’s compensation claim within the time frame allotted by the State of Florida. In Florida, this is two years from the date of the injury or illness. It is the employee’s responsibility to file the claim within the allotted time frame if they wish to receive any compensation. If the employer’s insurance company requests a drug test the employee must comply. Employees must also complete all of their follow-up care and follow the doctor’s instructions.
What Responsibility Does The Employer Have In The Workers Compensation Process?
The employer must file all of the proper forms, send the information to their insurance company and comply with any of the regulations that the insurance company lays forth. This includes sending copies of everything that must be sent to the doctor etc.
Can I Be Fired For Claiming A Workers Comp Claim?
According to Florida Statutes Section 440.205, any coercion of employees, no employer can fire an employee for filing a workers compensation claim. This is referred to as “Retaliation” and it’s against the state law.
Is There A Time Limit To File A Workers Comp Claim in Florida?
In the state of Florida, you have 2 years from the date of the injury in which to file a workers compensation claim, or after the two years, you have one year from the last payment of any compensation or within a year of the last known provision of any authorized medical treatment or medical care.
Can I Sue My Employer?
The state of Florida is an “at-will” employment state. This means that either the employee or the employer can terminate employment at any time with no advance warning. However, it’s important to understand that “at-will” doesn’t mean that the employer can terminate the employee for any illegal reason. Depending on the circumstances, it is possible to sue an employer.
Can An Independent Contractor File A Workers Comp Claim?
In the state of Florida, independent contractors aren’t considered to be employees. Employers aren’t required to carry workers’ compensation unless the person is an employee unless the person is in the construction industry. Each case is treated on a case-by-case basis.
What Is My Hialeah Workers Compensation Claim Worth?
Each individual case in the state of Florida is based upon specific circumstances. Typically, the employee can sue for lost wages, the cost of any medical treatments, any rehabilitation costs, and any vocational retraining that may be required. Depending on the case, the employee may also receive pain and suffering and other forms of compensation.
What Is My Hialeah Workers Compensation Claim Worth?
Depending on your individual circumstances, your Hialeah Workers Compensation Claim is worth the following:
- Your medical bills with an authorized medical doctor.
- A percentage of your lost wages.
- Rehab costs.
- Prescription medications for your condition.
- Any necessary expenses for travel that are related to the treatment of your injury.
It’s important to understand that your lost wages will be calculated based upon two-thirds of your average weekly pay. It will be capped at $575 per week as per the Permanent Partial disability act. There may also be an additional sum of money if the authorized treating doctor has issued a disability rating as per the guidelines set forth from the American Medical Association Guidelines.
Schedule a Free Consultation With a Hialeah Workers’ Compensation Lawyer
If you, or someone you love, has been injured on the job due to negligence or some other reason, it’s important to notify your employer and contact an attorney of your choice immediately. Always seek medical care even if the injury seems minor at that time. What was minor may become serious if it’s not properly treated. Always take any pictures of the scene of the injury as well as the injury itself even if there doesn’t appear to be any bruising.
Avoid signing anything for your employer’s insurance company without first having your attorney look it over. You don’t want to risk signing away any potential rights to future compensation. Their job is to get you to sign away rights for your compensation or to get you to take a lesser amount of compensation. Your attorney will help you to get as much compensation as possible for your situation.
Give our injury law firm a call today at (786) 686-2857 and let us help you with your worker’s compensation. You won’t have to pay us anything unless we win your case. Your payment to us will come out of a percentage of your compensation. You deserve compensation for your on-the-job injury. Compensation will help you to make up for lost wages, pay your medical bills from your injury, and pay for any rehabilitation that is necessary to treat your condition. If you have to learn a new vocation they can also help to pay for new vocation training so that you can work again.