While you cannot file a personal injury lawsuit for work-related injuries, Miami Workers’ Comp can give you some relief. That’s because Florida allows injured workers to receive financial benefits for up to 104 weeks, depending on each case’s peculiarities. However, injured workers must report such injury within 30 days of its occurrence to be eligible for compensation.
Apart from reporting an injury in time, there are other work comp eligibility requirements you must consider. First, you must be an employee, and your employer must have workers comp insurance. Next, the injury or illness must be work-related; that means it must have occurred due to carrying out your responsibilities.
However, in pursuing your Miami workers’ comp case, many things could go wrong, and you can get your claims denied. Even when you meet all eligibility criteria, you might miss a legal step that frustrates all your efforts.
For this reason, many employees prefer to allow experienced work comp attorneys to handle their cases. But do you need a lawyer in all situations? If no, when precisely must you contact one?
Can I Handle My Miami Workers’ Comp Case Myself?
You can handle your worker’s compensation without external help, mainly in these cases:
- Your workplace injury/ illness is a minor one or isn’t critical.
- Your employer isn’t contesting your claim.
- The injury or illness didn’t stop you from going to work, or you missed work just a few times.
- You didn’t have an underlying illness or pre-condition that links to the ailment or injury.
Even when you can represent yourself in your work comp claims, it’s always better to have a lawyer with you. You’d benefit from your attorney’s expert advice, and they will get you covered when situations get unexpectedly complicated.
When Should I Lawyer-Up?
Generally, injured employees feel safer when they have legal representation. However, having an attorney in your Miami workers’ comp case transcends from comfort to necessity in the following circumstances:
Your Employer Denies Your Claim
Insurance companies don’t like to pay compensation. So, when you bring a work comp claim to them, they’d always look for loopholes to exploit. For valid or invalid reasons, they can deny your requests to avoid liability. In such a case, there’s nothing you can do except brief a work comp lawyer. Your attorney will review the facts and find the solution for your case.
You’re Experiencing Some Form of Victimization
You have a right to your work comp benefits if you have valid claims. As such, it’s illegal for your employer to oppress you for filing such claims. If you notice that your employer has reduced your pay, or demoted you in retaliation, call your attorney immediately.
A Third Party Caused Your Injury
Even when you have valid work-related injuries, you can sue third parties if their conduct caused them. You can also file a lawsuit if the illness or injury is due to your employer’s gross negligence. In either case, you’d surely need legal representation in court.
You Cannot Resume Work
Sometimes, workplace injuries are so severe that you need extensive medical care. At other times, the injuries may become permanent, and you can no longer continue your job. We advise that cases like this shouldn’t be handled with kid’s gloves as a lot could go wrong. Your attorney is in the best position to help you navigate such claims without hassles.
You’re Receiving or Plan to Receive Social Security Disability (SSD) Benefits
You can file for work comp and receive disability benefits at the same time. However, if your settlement isn’t handled correctly, it can adversely affect your SSD payments. However, with an experienced lawyer, you are sure to have your expected settlement without lowering your disability benefits.
Your Employer Doesn’t Have Work Comp Insurance
Even though Florida makes insurance compulsory for many employers, some of them still refuse to get one. If your employer doesn’t have workers’ insurance, it might be challenging to get your benefits.
This situation is particularly tough because, unlike some other states, Florida doesn’t allow for uninsured employer funds in work comp cases. Your only option, in this case, might be to file a claim in court. Your attorney will help you do that.
Consult With an Experienced Miami Workers’ Comp Attorney for Free!
At Miami Lawyers 360, our Miami workers’ comp attorneys will assess your work comp case and advise you on the easiest ways to get your benefits. We will take care of all the hard work while allowing you to recuperate without stress.
Our lawyers have years of experience in successfully dealing with complicated cases and will handle your claims efficiently. Book a consultation with us now, and let’s get you some relief in no time.