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United States District Court for the Southern District of Florida

Miami Workers’ Compensation

Employers must have a form of insurance for their employees in case they get injured while at work, this is called Workers’ Compensation. While employees cannot sue their employers in Civil Court for an accident, they can file a workers’ compensation claim with the Office of the Judges of Compensation Claims. Workers’ compensation claims might be difficult to file. To guarantee that an injured worker receives appropriate compensation via workers’ compensation, he or she should speak with an experienced Florida personal injury lawyer for additional information on how to file a successful claim.

Workers’ Compensation Benefits

Workers’ compensation coverage is required in Florida for any employers with four or more employees (full-time or part-time). Coverage is also required for construction businesses with one or more employees. No matter how many workers work for the government, all employees must be covered. You can contact the Employee Assistance and Ombudsman Office to find out if the firm you work for is covered by workers’ compensation. If you ever need this information, it will be well worth your time and effort to obtain it.

Benefits Available through Workers’ Compensation Coverage

Injured employees may be eligible for a variety of benefits. Workers in Florida who have been injured may seek compensation for:

Medical Expenses: This should include any doctor’s appointments, treatment costs, medical tests, medicines, and procedures required as a result of a workplace injury. You are required to see a doctor who is authorized by the insurance provider under workers’ compensation laws.
Temporary Partial Disability: When your doctor believes you’ll be able to return to work with certain limitations because of your injury.
Temporary Total Disability: When a doctor decides that your accident has caused you completely unable to work, this is what happens. The severity of the injury determines how much you can be paid for lost time at work. During your recuperation, you may be eligible for two-thirds of your normal pay. In extreme situations, temporary coverage may cover up to 60% of your usual pay for up to six months.
Permanent Total Disability Benefits: These may be granted if a catastrophic injury happens, and the victim has a permanent disability.
Death Benefits: The victim’s family may be entitled to death benefits if a worker is killed on the job. Funeral expenses of up to $7,500, compensation for dependents, and extra benefits of up to $150,000 are available to his or her family.

Third-Party Claims

A Florida worker may file a third-party claim to get additional compensation. For example, when someone is harmed while using a defective product at work the victim may seek reimbursement from the employer through workers’ compensation. Also, the injured victim may file a third-party claim against the manufacturer of the defective product. This claim may be needed by the injured victim to receive fair compensation for his or her serious injuries.

Seeking Legal Assistance for Workers’ Compensation

Many workers’ compensation cases are regularly dismissed because the required information is missing. Before claiming benefits, injured employees should obtain the advice of an experienced workers’ compensation attorney. If a claim is rejected, a qualified attorney may be able to assist the injured person in obtaining benefits through the legal system.

The Law Office of Ruth E. Johnson, a Miami workers’ compensation law firm, assists injured victims in pursuing compensation claims for their injuries and losses. We understand the financial toll that a workplace accident can have on a family, and we’ve helped many Florida workers and their families get full and fair compensation under the law. Contact us today to book your in-depth consultation at no cost.

Miami Personal Injury Attorney Blog - Workers' Compensation

FAQ’s

How Much is My Case Worth?

This really depends on the nature and severity of the accident, and whether or not the injury is due to the negligence of another party or occurred during the course and scope of employment (workers' compensation). A plaintiff may be able to recover compensation for lost wages, medical expenses future medical expenses, lost profits, future profits...

What Should I Do if I Meet in an Auto Accident?

Immediately seek medical attention of your injuries. Obtain as much information from the other driver(s) as possible, including their name, address, phone number, insurance company, policy number, drivers license and license plate. Be sure to insist that a report is completed by a law enforcement officer and get a copy. You can also take pictures...

When Should I Contact a Personal Injury Attorney After an Accident or Injury?

This depends on how and where the injury occurred. Every State has its own statute of limitations which dictates how long the plaintiff has to file different types of law suits. In Florida, the statute of limitations for a negligence claim is typically four years, with the exception of medical malpractice which is two years from the date of injury...

Under the Workers' Compensation Laws in Florida, How Long Do I Have After an Accident to Report It to My Employer?

If you or someone you love has been injured on the job, first seek medical attention of those injuries. The next step should be to report those injuries to your employer. If you fail to report your injury to your employer within thirty (30) days, then your claim may be denied.

Who is Responsible if I Slip or Trip and Fall on Someone Else’s Property?

A property owner is not always responsible for something on which you slip or trip. This must be analyzed on a case by case basis depending on the cause of the dangerous surface and a careful evaluation of the owner’s knowledge of the hazard and failure to address. This is usually an in depth legal analysis of the “reasonable care of the property”...