What is the workers’ compensation claims process in Miami Beach, FL? When you or a loved one are injured at work, you are eligible to file for workers’ comp. However, the employer’s insurer will need to verify that the incident happened at work in case of an injury. If you are dealing with an illness resulting from your work, you have to prove this too. Sometimes you may not get a visible injury, but you may suffer a condition as a result of being exposed to the environment at work. Infectious diseases such as Covid-19 are such a case.
It can be tricky to prove such a thing, especially if it looks like you had a previous illness or injury and your claim could be fraudulent. The insurance company may try all avenues to deny your claim, which could mean you will not get the medication you need, you will not get any wages for the time you were recuperating, and any other benefits that you are entitled to.
Having an experienced worker’s compensation lawyer is a good step towards ensuring that you file the claim the right way and get full benefits. If you are filing a claim for worker’s comp in Miami, call us to represent you in the case. Miami Workers’ Compensation Lawyers Coalition has experts in worker’s comp cases and can help you get the benefits you deserve.
It can be difficult to know how to go about the process, especially if you have no idea where to start during the process. Hiring a lawyer is one sure way to get the help you need and take the time you need to recuperate. Your lawyer will represent you and ensure that the claims process does not take a toll on you during this devastating time.
Reach out to us at Miami Workers’ Compensation Lawyers Coalition to get a competent and aggressive lawyer to represent you today.
The following faqs are a good place to start if you are looking to understand the process better.
Table of Contents
How Can I Know if My Injury Will be Covered by a Workers’ Comp Claim?
Your illness or injury Must be work-related.
You must prove that your injury can be classified as arising out of employment or occurring during employment. If you get ill or injured because of an event or exposure to an unsafe working environment, the claims process may not be as complicated. However, if you get hurt away from the office/place of work while carrying out something work-related, then the claims process can become a bit tricky.
If you get injured while on lunch break, it is not considered as work-related, therefore you are not eligible for worker’s comp. If your injury occurred on the premises, then it can be counted as work-related, as long as it was not something prohibited by the workplace regulations.
If you get injured while traveling for work, you may be eligible if;
- You were running errands for your employer
- You were driving a company vehicle
- You were traveling for work (this applies to jobs such as salesperson)
Occupational Illnesses/Repetitive Motion Injuries
You may also be covered by worker’s comp if you have suffered an illness due to repetitive motion at work. These are referred to as strain injuries. The case is difficult for psychological and illnesses such as stress, but with an experienced worker’s comp lawyer, you may have a chance. The lawyer can gather evidence that proves your illness was caused by the workplace and the environs.
A lawyer is advisable if you are trying to prove that you have a work-related illness, but the illness itself is considered an ordinary disease of life. You need strong evidence from an authorized physician to prove that your illness was caused by the environment at your workplace.
In Florida, you can file for worker’s comp if you have a pre-existing condition that is aggravated by continuous physical exertion at work. These are conditions such as arthritis, back problems, etc.
Getting a lawyer is the best way to be sure of what is covered by worker’s comp in your Miami workplace. Your lawyer can also tell you which benefits are covered. If the injury or illness caused pain and suffering and your benefits do not cover that, a lawyer can try to prove that a third party (usually employer) was responsible. If the employer did not provide a safe work environment and that led to your injury or illness, you may be able to sue them.
What is the timeline of the workers’ compensation claims process in Miami Beach?
An injured employee has two years to file a petition to receive benefits if they are injured at work. However, there are some ways that an employee can extend the statute of limitations. For instance, they can file a Petition for Benefits more than once. An employee can also visit the authorized physician to receive another type of benefit, which will mean that the petition can be extended for one more year.
Hiring a lawyer to review the petition and statute of limitations is always a good idea.
How to File the Workers’ Comp Claim in Miami, FL.
- Report the injury/illness to your employer within 30 days of the incident. You should include the names of any witnesses as well as a clear description of the incident.
- Seek medical evaluation to determine the extent of your injuries. Ask your employer for a list of verified physicians that you can see.
- File your claim with the help of a worker’s comp lawyer. A lawyer is advisable because they will guide you through the process and tell you the benefits you are eligible for. Additionally, having an injury can be stressful, so having legal representation is a good way to ensure that you get full benefits.
Miami Workers’ Compensation Lawyers Coalition has a team of dedicated lawyers who will go through your worker’s comp case and ensure that your claim is eligible. We are determined to get our clients the compensation they deserve. Call us today to get a review of your case and get the best representation in Miami.