Workers’ compensation benefits are usually offered to employees who suffer an injury at work that interferes with their daily lives or, in extreme cases, results in death. A workplace injury necessitates immediate medical attention, and the affected employee may need time off to rehabilitate before returning to work.
Lost wages may be the outcome of this. The extent of the injury will determine whether the victim has a permanent or partial impairment, which will significantly impact day-to-day activities. The victim’s ability to maintain the family will be hampered by mounting medical bills, travel costs, and legal fines.
Each state has put in place specific laws and regulations to deal with the claims to provide compensation and ensure that the damaged party won’t have to go through all of this. Let us get into the laws governing workers’ compensation, what benefits the employees are eligible for, if employees should hire a workers’ compensation attorney in Miami, and more detail.
What are workers’ compensation laws in Miami?
An employee has the right to sue the company for damages any time they sustain an injury on the job or develop a condition while working. There are laws to manage all of these claims and ensure that the victims receive compensation for serious injury. In essence, workers’ compensation covers medical bills, travel expenses, and other expenses.
Within 30 days following the accident, the employees are required to notify their employers. Failure to do so will make things more difficult and disqualify you from receiving workers’ compensation. Employees must submit a petition for benefits within two years of the accident date, according to the statute of limitations in Miami.
What are the workers’ compensation benefits for disability in Miami?
The regulations governing workers’ compensation benefits vary depending on the state. For every $100 of payroll covered by workers’ compensation in Miami, the anticipated employer rates are $1.24. The cost is influenced by several variables, including the employee’s workplace, their compensation, the number of risk factors involved, the type of company they work in, and more.
Depending on the severity of the injury sustained at the workplace, the victim will have access to the following benefits:
- Temporary Disability Benefits (TDB)
- Permanent Impairment Benefits (PIB)
- Permanent Total Disability Benefits (PTDB)
Employees are eligible for partial disability benefits, for instance, if they suffer an ankle injury while working on a construction site. It also includes paying for lost wages, medical, and travel expenses. Employees who can return to work but with a reduced workload are eligible for temporary disability benefits. The employee will be qualified for compensation for Permanent Total Disability if the injury causes amputation, paralysis, or a severe brain injury. The employee will receive benefits for the remainder of their life, which will be based on the rate of temporary disability benefits. Employees who qualify for benefits for permanent impairment will get weekly compensation through workers’ compensation in Miami.
The doctors will make an assessment based on the impairment grade to determine the employee’s weekly benefit amount.
What are the additional workers’ compensation benefits in Miami?
Miami’s workers’ compensation law also covers medical, travel, and other costs and disability benefits. Let us look at the additional benefits provided by workers’ compensation in Miami for injuries sustained at work:
- Providing medical care and covering medical bills.
- Providing vocational rehabilitation if necessary.
- Providing death benefits.
The majority of medical care is given by doctors and other medical professionals who have been approved by the relevant insurance companies. The medical expenses will be covered by workers’ compensation as long as the treatment is provided by doctors affiliated with the insurance company. Workers’ compensation also covers treatment, prescription medications, and travel costs to the doctor.
Workers’ compensation benefits will offer vocational rehabilitation if the victim suffers a serious injury and cannot return to work. This service will pay for the training, internships, and education needed to find new employment opportunities. An injury could also be fatal. In the worst-case scenario, if the employee passes away, the victim’s dependents will be taken care of by the workers’ compensation system. It provides several benefits. Additionally, workers’ compensation enables the family to cover the funeral and burial costs.
The family can claim up to $7500 for funeral costs. The dependents can also complain about compensation benefits up to $150,000. Let us look at the industries where workers’ compensation is mandatory and also at exemptions in detail.
Who can receive workers’ compensation benefits in Miami?
All the laws, rules, and information needed to apply for compensation in the event of a workplace injury are provided by the Division of Workers’ Compensation in Miami. Workers’ compensation is offered to employees by companies that require them to operate heavy machinery, conduct electrical work, or perform hard manual labor. Since there is a high risk of injury, it is necessary to have costs covered in the event of a serious injury.
Workers in Miami’s agricultural, non-construction, and construction industries who have more than five employees are covered by workers’ compensation. If a contractor, a business owner, or another private entity employs more than five people, they must ensure that their employees are covered by workers’ compensation.
Limited liability companies (LLCs), partnerships, and sole proprietors are exempt from the requirement for insurance and should deal with the Miami Division of Workers’ Compensation. Contact the Miami Division of Workers’ Compensation for further information on the legislation, exemptions, and other regulations.
What are workers’ compensation settlements in Miami?
The employees can also legally claim for a larger settlement. The employers will participate in the conversation and determine whether the settlement price is negotiable. The insurance company will investigate the employee’s anticipated payment amount and perform a thorough investigation. A settlement may be reached if the employer and employee can agree. A lawsuit or hearing will be necessary if no cost is agreed upon.
Limitations that need to be addressed
While workers’ compensation in Miami can provide benefits and cover medical and travel expenses, the victim may not be compensated in full value. Most of the time, employers will try to reduce the benefits, especially in cases where the injury causes severe damage or results in lifelong disability.
There are a lot of deadlines to meet and other legal proceedings that an experienced lawyer should handle. It is recommended that employees consult with a reputable legal firm and hire an experienced workers’ compensation lawyer in Miami to fight and make sure the employee gets the benefits and the deserved compensation.