Workers Compensation in Miami, FL

You aren’t alone if you ask “How does workers comp work?” Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by Florida state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of Miami, FL workers’ compensation insurance and how the process works.

Workers Compensation Statistics In Miami, Florida?

The Bureau of Labor Statistics reports that the most severe work-related injuries in Florida occur in the construction and transportation injuries. However, the industries with the highest numbers of total injuries are healthcare, manufacturing, retail, and transportation. Across all industries, the cause of most injuries are overexertion, contact with objects or equipment, and falls. The most common injuries resulting from these events are strains, sprains, and tears. Although many of the injuries in Miami are minor, more than 30% of reported statewide injuries resulted in missed or restricted work.

How Does Workers Comp Work In Miami, Florida?

Unfortunately, going through the process of applying for workers’ compensation begins with getting sick or injured on the job. The circumstances surrounding the incident that led to your problems are especially crucial. For example, the injury had to occur during your regular work duties. While an event that happens during your lunch break wouldn’t apply, getting into a car accident while running an errand for your boss would qualify for a claim. 

According to the Division of Workers Compensation, most employers in Florida are required to carry workers compensation insurance if they have at least 4 employees. However, all construction employers must carry coverage, regardless of employee number. All medically necessary treatment is covered, but must be obtained from an authorized provider. If your injury causes you to miss work for at least 7 days, you can receive temporary or permanent disability benefits. These are given to you in order to cover lost wages. Unlike most states, Florida does not require your employer to keep your job available until you are able to return to work.

For example, say your supervisor asked you to drop something off on your lunch break. While running this errand you then get in a car accident on your way to the destination. Any resulting injury is eligible for workers’ compensation. However, if you are on your lunch break, performing no such task when you get in an accident, it does not qualify for a claim.

The steps you take immediately following a workplace incident in Miami, FL are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.

Get Medical Attention

After you get injured or feel ill, the first step is to see a doctor. Don’t delay seeking help from a Miami, FL healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process. A proper medical report that details the extent of the damage and how it occurs is the first step in this process. Your employer cannot file a claim with their insurance carrier without this information.

When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing. Sometimes for weeks or months before a doctor finally associates your illness with your job. Your doctor may make the determination that the illness is the result of your work conditions. Or was at least aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.

File a First Report of Injury

The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to bring a copy of the doctor’s report to submit with the report of injury.

According to the Florida Division of Workers Compensation, Miami employees must report a work-related injury to their employer within 30 days. Your employer should file the claim, but if they fail to do so, you can file it directly. However, you or the employer must file the claim within 2 years of the injury.

Timeline and Other Information

Temporary disability compensation can be up to 66% of your average weekly wage, capped at $1011 per week. These payments will typically continue until you are able to return to work. However, temporary disability benefits are limited to the point at which your condition stabilizes. Or your benefits are limited to 104 weeks. Whichever is sooner. If you are still not able to return to work at full capacity, you can be eligible for permanent disability. The amount and duration of these benefits are determined by a formula, incorporating the type and severity of the injury.

Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point. Typically about the incident and any possible witnesses to the event. In the meantime, the workers’ comp insurer may begin paying medical benefits while the investigation into your claim continues.

Why You Should Hire a Miami, Florida Workers’ Compensation Lawyer

While workers’ compensation claims may be straightforward for some cases in Miami, Florida, in others, it may be more difficult. For example, your employer may ask whether you suffer and injury on the clock or your own time. It’s also common for a company to question the full extent of your injury. Hiring a Miami workers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.

Work With an Experienced Local Lawyer In Miami, Florida

If you are hurt or contract an illness as a result of your job in Miami, FL you need to find the right people to help. Since the workers’ compensation claims process can have pitfalls, you should consider getting a local attorney who knows how to avoid them. 

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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