Best Workers Compensation Attorneys in Miami

FAQs

• What is the non-emergency contact number for the local police station in Miami, Florida?

  Calls to the Miami-Dade Police Department for non-emergencies should be made to 305-4-POLICE (305-476-5423).

• Where can I get a copy of police report for incidents related to my case in Miami, Florida?

  To request a copy of a police report, call the Miami-Dade Public Records Counter at 305-471-2085, or email your request to recordsrequest@mdpd.com. You can also go to the police station nearest to you to request in person. For online requests, use the Miami-Dade Police Department Public Records System: https://miamidadecountyfl.govqa.us/webapp/_rs/(S(ecdbo0hrpkvyknpqvyubestf))/supporthome.aspx

• Can you file a lawsuit instead of a workers' compensation claim in Miami if your work injury was caused by a third party?

  It’s possible to file both. Some Miami jobs, like food delivery or trucking, involve interactions with non-coworkers, vendors, or subcontractors. If you were involved in a car accident with a drunk driver while you were making work deliveries, you can file a personal injury claim against the drunk driver and also claim workers’ compensation from your employer’s insurer

• What compensation can you get in a workers’ compensation claim in Miami?

  At the minimum, you can get coverage for your medical expenses, including medications and hospital stays. Depending on the extent of your injury or duration of absence from work for your recovery, you can also get temporary or permanent disability benefits to recover part of the wages you lost. Vocational rehabilitation is also available for permanently disabled Miami workers. Meanwhile, families who have lost a loved one due to a workplace injury can be awarded death benefits.

• What should you do after getting injured at work in Miami?

  First, seek medical treatment. Then notify your employer of the injury immediately or within 30 days, or your claim may be denied. A written notice via email is preferred as it is timestamped. Your Miami employer should make a First Report of Injury or Illness to the Division of Workers’ Compensation within 10 days of your notification. If your employer fails to do this, go to the Office of the Judges of Compensation Claims to file a Petition for Benefits.

• Do you have to pay taxes on your workers’ compensation benefits in Miami?

  No. Florida’s Internal Revenue Code Section 104 indicates workers’ compensation benefits as tax-free. However, for tax filing purposes, it is advised that you consult with a Miami workers’ compensation lawyer or CPA to determine if your benefits should be declared on your tax return or possibly taxable. Some private employees receiving disability benefits on their pensions may have to pay taxes.

• Does the workers’ compensation system in Miami compensate for non-financial damages?

  Unfortunately, no. Unlike in personal injury claims, non-economic damages, such as emotional distress, pain and suffering, and punitive damages, are not accounted for in workers’ compensation claims. The benefit of using the workers’ compensation system in Miami is that you do not have the burden to prove who is at fault for your work injury to remove compensation.

• What does a workers’ compensation attorney do?

  Workers’ compensation attorneys help injured employees recover monetary benefits following workplace accidents and illnesses. Attorneys in this practice area provide legal advice, gather evidence, review medical records, prepare petitions, and negotiate insurance settlements. They also represent clients’ interests during court cases and administrative hearings overseen by state workers’ compensation boards.

• What are the benefits of filing a workers’ compensation claim?

  Workers’ compensation insurance gives employees access to vital cash benefits in case of workplace injuries or illnesses. Filing a claim can help injured workers pay for medical care, physical therapy, and essential living expenses while they recover from a temporary or permanent disability. Workers’ compensation also pays for funeral and burial expenses following fatal workplace injuries.

• How long does a workers’ compensation claim stay open?

  Workers’ compensation claims typically remain open as long as the individual is receiving treatment or until the injured party reaches maximum medical improvement. This milestone varies for each person, and it can take years to determine whether a disability is temporary or permanent. Additionally, there’s a fixed time limit for filing a lawsuit. The statute of limitations can be anywhere from six months to two years from the date of the injury or the date of the last payment, depending on the worker’s state of residence. A qualified attorney can explain your state’s specific rules.

• What is the average payout for a workers’ compensation claim?

  Nationally, the average workers’ compensation claimant receives $21,800. Payouts range from $2,000 on the low end to upwards of $60,000 for well-compensated workers in high-income areas. The exact amount depends on the claimant’s average weekly paycheck, the extent of the injuries, and their state of residence. Individuals who accept an insurance settlement or initial offer typically receive less than those who negotiate or have an attorney represent them before an arbitrator or workers’ compensation judge.

• How are settlements calculated in workers’ compensation cases?

  Settlements typically cover current and future medical expenses, vocational rehabilitation or retraining, and two-thirds of lost wages. The total amount may vary depending on whether the worker’s disability is temporary or permanent. Workers’ compensation also pays death benefits, including funeral expenses and two-thirds of wages for up to 25 years or a state-specified maximum.

• What is workers comp?

  Workers' compensation is an insurance program that provides medical care, rehabilitation, and other benefits for employees who are injured or fall ill while performing assigned work duties. Common reasons for filing a workers' comp claim include slip and fall injuries, machinery accidents, or muscle strains while lifting heavy items.

  All businesses must carry some form of workers' compensation insurance, with minimum guidelines imposed by the state of residence. Workers' comp is intended to safeguard both the employee and the employer by providing a social safety net. This can protect companies from civil suits and guarantee that injured employees receive the benefits they need.

• What does workers comp cover?

  Workers' compensation insurance covers benefits associated with a wide range of accidents and illnesses that may occur in a place of work. This can include:

  • Medical benefits, such as payments for treatments, hospitalizations, or surgeries
  • Compensation for lost wages while not working
  • Coverage for ongoing care, such as physical therapy
  • Continued access to benefits, including insurance provided through an employer
  • Disability benefits, if an injury results in a permanent loss of functioning in some manner
  • Death benefits and funeral expense coverage

  How and when workers' compensation coverage applies depends on the illness or injury in question and the results of a medical exam. An unsatisfactory ruling by an insurer can be appealed with help from a workers' comp attorney.

  
  

• What does a workers comp defense attorney do?

  A workers' compensation defense attorney is a legal professional who represents the employer in a workers’ comp case. Typically, the defense attorney works to minimize the employer’s liability and reduce the amount of benefits to be paid out.

• When does workers comp start paying?

  How and when workers' comp starts paying can depend on both the circumstances and the state in which an injury took place. In most areas, benefits related to medical care start paying out immediately, even before a claim is formally processed or accepted. Once a case is approved, injured workers may be entitled to other benefits, including coverage for lost wages.

• How much is workers comp insurance for self-employed people?

  Workers' compensation isn't required for self-employed individuals, but those working in dangerous industries, such as construction or manufacturing, may choose to purchase policies. In some cases, employers may request this coverage when hiring a contractor. While costs will vary based on industry and location, most freelancers can expect to pay around $25 to $50 per month.

• How do I file a workers comp claim?

  A workers' comp claim is best filed as soon as an injury occurs. In some states, there are time limits, such as one month following an incident.

  After an injury, an employee must notify their employer. The employer must then provide access to the necessary forms and offer guidance. Employees must fill out all forms and return them to the employer who then files them with the insurer. Some states have additional requirements, including assessment by a medical provider. Once the paperwork has been filed, the insurance provider issues a ruling. If the ruling is unfavorable, the employee may choose to appeal the decision with the support of an attorney.