Miami Workers’ Comp cases sometimes make it all the way to a court of law. If you suffer any work-related injury or illnesses in Miami, you may be eligible for workers’ compensation. Florida designed its workers’ compensation law to protect Florida employees from work injuries’ financial implications. If you’re preparing to file your workers’ comp claim, you most likely would like to understand some things.
For instance, you may want to know whether you must go to court to get your benefits. This article will provide an answer to this particular question. Furthermore, workers’ compensation attorneys at Miami Lawyers 360 have the answers to all your questions on the workers’ comp process. All you have to do is call one today and ask away.
Do I Have To Go to Court To Get Workers’ Compensation?
No, you don’t have to go to trial to receive your workers’ comp benefits. Many workers’ compensation claimants in Miami sign settlement agreements with their employers. With a settlement, you can escape the hassle and uncertainty of trial.
Sometimes, workers’ compensation settlements are lump sum payments that cover the damages the employee suffered. The agreement could also indicate that you’ll get your money periodically. Some of the damages you can recover from a workers comp settlement include:
- Medical expenses (past and future cost of medical equipment)
- Lost wages
- Future earnings
- Partial or total disability benefits
- Temporary or permanent disability benefits
How Often Do Workers’ Comp Cases Get To Trial?
Only about 5% of workers’ compensation cases get to court. This means that Miami workers’ comp cases rarely get to trial. By implication, Miami employers would rather pay workers’ comp benefits than let the case proceed to trial. Two primary factors determine whether your workers’ compensation case proceeds to trial. They are:
- Workers comp claims denial by your employer or their insurance carrier
- Your dissatisfaction with the settlement offer from your employer
If any of the above instances occur, you may have to resort to trial to get your benefits. If you decide to go to trial, it would be best to engage the best Miami workers’ compensation attorneys. They can evaluate your case and boost your chances of success at trial.
What Are Your Chances of Winning a Workers’ Compensation Trial?
Multiple factors determine whether or not you’ll win a workers’ comp case at trial. These factors are primarily within your control. So, from the moment you suffer a work-related injury, your actions and inactions determine whether or not you’ll win if your case goes to trial.
Three key factors that impact your Miami workers’ comp trial include:
The Time You Reported Your Injury
Immediately you notice a work injury or sickness, you must report it to your employer. You have 30 days from the injury date to notify your employer. If it’s an illness, you have to report it 30 days from when you discover that it’s work-related. If you don’t report your injury within the statutory timeframe, the court may deny your case. Some establishments have a formal injury complaints procedure. It would be best to stick to it.
When You Sought Medical Care
After reporting your injury, you should ask for medical attention. If your employer doesn’t grant your request for medical treatment, you can see any other medical doctor. Your employer will bear your medical expenses.
If you delay medical attention, it could adversely affect your chances of recovering any benefits. Furthermore, it would be best to heed all your doctor’s instructions. This way, your employer can’t argue that you made your condition worse.
Whether You Hired a workers’ Comp Attorney
An experienced workers’ comp lawyer can be the game-changer for any case at all. A lawyer on your side significantly increases your chances at trial. Indeed, you don’t have to hire an attorney for your workers’ comp trial. However, it’s advisable to engage one. A trial is the only opportunity you have to convince the judge that you deserve workers’ comp benefits. So, who better to help you do this than a professional?
Miami Lawyers 360 Can Represent You!
Whether your workers’ comp case gets to trial or not, it’s always best to hire a Miami workers’ comp lawyer. You need an experienced attorney to guide you through the initial stages of making your claim. Also, as your case progresses, you’ll need legal advice and aid.
Our attorneys at Miami Lawyers 360 have many years of experience in workers’ comp cases. We also want to help you get the maximum compensation for your injuries or illness. However, we cannot represent you if you don’t call us. So, why not call us today for a FREE consultation on your case.