If you are involved in a workplace accident, you are entitled to claim compensation from the employer by filing a worker’s compensation lawsuit. The first thing you need to do after being injured in a workplace accident is to notify your employer as soon as possible. It may be your immediate supervisor or another person in a position of authority at the workplace. You can notify the employer orally, in person, or in writing. The next step is to seek medical assistance from the company’s on-site doctor or your own doctor. It’s important that you work with an experienced Kendall worker’s compensation lawyer to obtain maximum compensation for your injuries.
Miami Lawyers 360 is your trusted partner when it comes to hiring a worker’s compensation lawyer. Our lawyers are familiar with all aspects of workers’ compensation insurance. Our expert team of personal injury lawyers has handled hundreds of such cases in the past and won our clients millions of dollars in the process. Call Miami Lawyers 360 at (786) 686-2857 for all your worker’s compensation lawsuits in Kendall Florida.
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What is Workers Compensation?
Worker’s compensation insurance provides many benefits to employees who are injured due to job-related accidents. Some of the benefits available to an injured employee include:
- Medical treatments including hospital stays
- Lost wages
- Temporary or total disability benefits in case your doctor advises you to stay out of work for the statutory amount of time
- Funeral costs in case of death
- Physical therapy
- Vocational rehabilitation
- Travel expenses when necessary
The best way to know about your benefits under worker’s compensation insurance is to consult with an experienced worker’s comp lawyer at Miami Lawyers 360. Our lawyers will explain everything to you and help with filing your case to obtain maximum benefits in the process.
What Should I Do if I am Hurt on the Job?
The first thing you need to do is to inform your employer about the accident. Inform either your immediate supervisor or another person in a position of authority at the workplace about the accident and the resulting injuries. The next step is to seek medical assistance. Go to the company’s on-site doctor or your own doctor for medical treatments. It’s always better to seek medical treatments from a doctor who is authorized by your company. Take photos of the accident and injuries if you are in a position to do so. This is important when proving you were injured as a result of the accident.
Don’t forget to keep a record of your injuries and symptoms associated with them. The most important thing is to rest and recuperate. In the meantime, you may consult with an experienced worker’s compensation lawyer at Miami Lawyers 360 to handle your case and obtain maximum compensation for your injuries.
What are the Most Common Workplace Accident Injuries?
Anyone can get injured while on the job. These people can suffer numerous injuries as a result of workplace accidents. Here are some of the most common workplace accident injuries in Kendall, Florida:
- Back and neck injuries
- Forklift accidents
- Slip and fall injuries
- Joint pains
- Hearing loss
- Accidents while working with machinery and tools
- Construction accidents
- Accidents that occur while traveling to work
- Falls from heights
- Struck by objects
Why Should I Hire a Kendall Workers Compensation Lawyer?
Worker’s compensation insurance is meant to protect both the employee and employer. The most important thing is to prove that your injury took place on the job site. The insurance company will always try to pay out the minimum compensation to the victim by citing different factors. You need an experienced worker’s comp lawyer on your side to prove your case and obtain maximum compensation in the process.
How Much Does it Cost to Hire a Kendall Workers Compensation Attorney?
You don’t have to pay anything to hire a worker’s comp lawyer at Miami Lawyers 360 to represent your case and obtain maximum benefits. Our lawyers work on a contingency fee basis where you pay nothing until the lawyer wins the case for you. Once your case is proven, you should pay a percentage of the compensation awarded to you.
What Should I Do if My Workers Compensation Claim is Denied?
Once you receive your initial denial, you should meet with your employer or the insurance provider of the company to see if the denial is due to an issue that could be corrected without court intervention. If you are unable to settle the issue with the employer or his/her insurance provider, speak to your worker’s compensation lawyer for assistance. Your lawyer will submit a petition for benefits to the OJCC or the clerk of the Office of the Judges of Compensation Claims.
The OJCC will notify the employer and his/her insurance company once they receive your petition. They should respond within 14 days after receiving the notification. A case number will be assigned to your claim, and you will be able to track the status of the claim of the appeal online. The OJCC in the meantime will arrange for a third-party mediator to help resolve the dispute.
What Responsibility Does the Employee Have in Filing a Workers Comp Claim?
The employee has many responsibilities under the workers’ compensation law in Florida. Here are some of the employee responsibilities:
- Follow all the written rules of safety and other procedures put in place to protect the employee while performing their job.
- Report any accident as soon as possible to the immediate supervisor or a person in a position of authority in the company. The employee needs to report the accident within 30 days as per Section 440.185 of the Florida Statutes.
- Seek medical treatment and rehabilitation as required.
- Prove that the accident wasn’t caused due to the employee’s willful misconduct.
- Cooperating with the investigating parties.
What Responsibility Does the Employer Have in the Workers Compensation Process?
The employer is responsible for providing a safe work environment for all employees. Once an employee is injured as a result of a workplace accident, he or she should notify the employer immediately. The employer has an obligation to provide the injured employee with a form for filing a workers’ compensation claim. The employer should send the injured employee to a worker’s comp doctor assigned by the company. The completed WC form should be returned to the employee for further action on his/her part.
Can I be Fired for Claiming a Workers Comp Claim?
Legally, you can’t be fired or demoted for reporting or filing a worker’s comp claim. It is known as retaliatory termination by an employer and is illegal.
Is there a Time Limit to File a Workers Comp Claim in Kendall Florida?
Yes, you need to file the claim within two years of the date of a workplace accident. Florida’s statute of limitations comes into effect after that and makes it impossible for you to file the claim.
Can I Sue My Employer For a Work Injury?
In fact, you are not permitted to sue the employer for worker’s comp benefits. When the employer has provided you with worker’s comp insurance, he or she is protected from any personal injury claims brought by his/her employees. But there are certain exceptions to this law. For example, if you are injured at work and you believe that the employer caused you this harm intentionally, you can bring a suit for an intentional tort in civil court.
Can an Independent Contractor File a Workers Comp Claim?
The Florida Workers’ Compensation Act excludes the employer from providing worker’s comp benefits to independent contractors. In fact, independent contractors – except those in the construction industry – are not considered employees of an organization. If you are an independent contractor injured in a workplace accident, speak with an experienced lawyer at Miami Lawyers 360 to know if you have a case to file a worker’s comp claim.
What is My Kendall Workers Compensation Claim Worth?
There are four basic types of benefits involved in a worker’s comp claim such as:
- Weekly financial compensation
- Medical expenses
- Vocational rehabilitation
- Permanent disability benefits
Under these categories, you are entitled to claim:
- Your medical bills – which has to be authorized by the treating physician/s
- Any rehab costs involved
- A percentage of your lost wages
- Prescription medications
- Any necessary travel expenses related to the treatment of your injury
- Your income loss replacement benefit
- Permanent Partial Disability (PPD)
Review Your Claim With Our Kendall Workers’ Compensation Lawyers
When you have been injured due to a workplace accident, you are entitled to claim compensation as per Florida law. There are many things to consider before filing a worker’s comp claim. That is why you need to consult with an experienced worker’s compensation lawyer in Kendall to file your lawsuit. Miami Lawyers 360 is your trusted partner for all your worker’s comp claims throughout Florida. We have handled hundreds of worker’s comp claims on behalf of our clients in the past. Call Miami Lawyers 360 at (786) 686-2857 today for all your worker’s compensation lawsuits in Florida.