Whether you work in an office or a field, according to the State laws, workers have the right to be compensated for work-related injuries. Some work-related injuries can be severe and such injuries cannot only affect the performance of an employee but also his or her life. When this happens, employees are required to have a plan that they can use to get back on their feet once such cases arise. Some employers do take good care of their employees by offering them fair settlement for their injuries.
However, there are a few who deny employees their rights to be compensated and when this happens, the victims are left facing both health and financial problems. If you live in Florida and you are dealing with such issues, contact the Coral Gables workers’ compensation lawyers at Miami Lawyers 360 and we will help you fight for your rights. Call our personal injury law firm at (786) 686-2857 today to schedule your free consultation.
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What Is Workers Compensation?
Workers’ compensation is considered to be a system that provides financial settlement to employees who have been injured while on duty. The compensation program covers various expenses such as medical treatment and hospital stays. Moreover, you also have to understand that most of these settlements are issued by the employer’s insurance company. Workers’ compensation also comes with the following benefits.
Temporary Disability Benefits
Temporary disability benefits are usually for workers who have not been on duty for more than twenty-one days as a result of a work-related injury. Moreover, you also need to acknowledge the fact that the benefit rate can be high or low depending on the type of injury that an employee is suffering from. For example, if an employee sustains severe injuries such as blindness or paralysis, pre-injury wages would start at $20 for every week.
Temporary disability benefits usually last until the doctor determines that the employee is fit enough to get back to work. Another reason why temporary disability benefits are seized is if the doctor concludes that the employee’s condition will not improve even with MMI (Maximum Medical Improvement).
Permanent Disability Benefits
If an employee is unable to work because of work-related injuries, then he or she is entitled to weekly benefits. Other factors that are included as part of weekly benefits are medical treatment, physical therapy, and prescriptions. Workers are also entitled to additional benefits such as medical benefits, and vocational rehabilitation benefits.
Even though workers are covered by their employer’s insurance, you also need to understand that worker’s compensation laws are different in every state. That means workers in different states do not rip the same benefits when it comes to workers’ compensation. Because of this reason, it is vital to have a worker’s compensation lawyer who can help you with your case.
What Should I Do If I Get Hurt On The Job?
If you are hurt at work in Coral Gables, Florida, take these steps:
Notify The Employer
When you get hurt while at work, the first thing that you should do is notify the employer. You are required by law to notify someone who is in charge and make sure that the incident is recorded in writing. It does not matter whether the employer was present at the time of the accident or not. The work-related injury should be reported and drafted in a hardcopy.
Seek Medical Attention
After notifying the employer, the next thing that you should do is seek medical attention especially if you sustain serious injury. The doctor will evaluate your health and once done, he or she will create a medical report which you are required to have a copy of when making your claim. However, without a medical report, it would be impossible to recover all your medical expenses.
It is also advisable that you take photos of any visible injuries. Besides taking photos of the visible injuries, make sure that you take photos of the location as well as where the accident took place. You can use this information as proof when filing your personal injury claim.
File A Workers Compensation Claim
The last thing that you should do is seek compensation for your injuries and the best way of doing this is by filing a workers compensation claim. Moreover, make sure that you do this with the help of an experienced worker’s compensation lawyer so that you can get a fair settlement. However, without the help of a legal representative, you might end up getting less than what you deserve in terms of the settlement
What Are The Most Common Workplace Accident Injuries?
Below are the 10 most common work-related injuries.
- Neck and back injuries
- Joint pain
- Slip and fall
- Accidents while on business trips
- Accident while using tools and machinery
- Hearing loss
Why Should I Hire A Coral Gables Workers Compensation Lawyer?
Our attorneys can help your workers’ compensation claim through their experience in:
Negotiate For Fair Settlement
The reason why you should hire a workers’ compensation lawyer is to help you seek a fair settlement. In most cases, employer’s insurance providers use different excused either to deny victims their claim or to reduce the actual value of what the claim is worth. However, with the help of a workers’ compensation lawyer, you can be sure to get a fair settlement.
Represent You In Court
A worker’s compensation lawyer has a better understanding of the law and with this knowledge, you can be sure that your interests and rights are protected in the court of law. Your lawyer will also use his or her knowledge as well as experience to build a strong case.
How Much Does It Cost To Hire A Coral Gables Workers Compensation Attorney?
Worker’s compensation lawyers may charge different rates for their services. However, when working in hand with our attorneys at Miami Lawyers 360, you do not have to worry about the cost of legal services. That is because we offer free consultation and settle for a contingency fee that is acquired after winning your case.
What Should I Do If My Workers Compensation Claim Is Denied?
If you have had a workers’ compensation claim denied take these two steps:
Find Out Why
If your workers’ compensation claim is denied, the first thing that you should do is find out why from the employer. That means you need to talk to your employer and understand what caused your claim to be denied. Sometimes worker’s compensation claims get denied due to technical error. Therefore, make sure that the claim denial was not intentional.
If there is no legit reason as to why your workers’ compensation claim was denied, then the next thing that you should do is to appeal for that denial. However, make sure that you do this with the help of a worker’s compensation lawyer so that you can succeed in getting your claim on the second attempt.
What Responsibility Does The Employee Have In Filing A Workers Compensation Claim?
According to the state laws, the following are the responsibilities of an employee in filing a workers compensation claim. Report the incident before taking any other action or before leaving the scene. Accept rehabilitation services, as well as medical treatment, inform of settlement when awarded by the state. Provide proof that the incident was not a result of misconduct or inexperience. If necessary, file a personal injury claim with the help of a workers’ compensation lawyer.
What Responsibilities Does The Employer Have In The Workers Compensation Process?
Below are the responsibilities of an employer in the workers’ compensation process.
- File the first report of the incident.
- Respect employee rights of filing a personal injury claim
- Cooperate with the authorities and other parties involved in conducting an investigation.
- Allow employees to resume their work stations once they recover from their injuries
Can I Be Fired For Filing a Workers’ Compensation Claim?
According to the law, employees have the right to file for a workers compensation claim if one is injured while on duty. That means you cannot be fired for filing a worker’s compensation claim. Moreover, the Law also does allow employees to take legal action against employers who fire workers for such misconduct.
Is There A Time Limit To File A Workers Compensation Claim In Coral Gables?
According to workers compensation law section 440.19, an injured employee has a time limit of two years to file a workers compensation claim.
Can I Sue My Employer for a Work Injury?
According to the state laws, an employee has the right to sue an employer if he or she is fired from the workplace for filing a workers compensation claim.
Can An Independent Contractor File A Workers Compensation Claim?
According to Florida Statute section 440.02(15)(c)3 independent contractors cannot file a workers compensation claim. That is because these individuals are not considered to be part of the brand.
What Is My Coral Gables Workers Compensation Claim Worth?
Your workers’ compensation claim may be worth more or less depending on various factors such as medical bills, rehabilitation cost, lost wages, prescribed medication, long-term medical expenses, and future treatment expenses.
Contact Our Coral Gables Workers’ Compensation Lawyers Today
If you have been hurt while on duty and need compensation for your injuries, contact our experienced personal injury attorneys today at Miami Lawyers 360 and we will assist with your case. Moreover, you do not have to worry about legal fees because we offer free consultation and review your case for free as well.