Accidents at work are not unusual, and some industries carry a much higher risk of injury than others. This is why employers are often required to carry Workers’ Compensation insurance. If you are injured on the job, a lawyer can help you begin your claim and get compensation so you can make ends meet while recovering.

In Florida, you have 30 days to report your injuries to your boss, or your claim could be denied. You should also contact an attorney who can protect your legal interests and make sure that you get the benefits you are entitled to. Depending on your situation, it may be possible to sue your employer for damages, but this is only possible under special circumstances, according to Workers’ Comp laws.

Get a free, confidential legal review of your case from our Workers’ Comp lawyers by calling the Graves Injury Law Firm at (305) 614-2767.

How Do You Begin a Workers’ Compensation Claim in Hialeah?

To start your claim, you must inform your employer about the accident. You should also contact an attorney who can help you navigate the Workers’ Compensation process.

Reporting Your Injuries

In Florida, injured employees must report injuries to their employers within 30 days. If you wait longer, you risk having your claims denied.

If your employer’s insurance denies your claim, you should report your injuries to the Employee Assistance Ombudsman (EAO). The EAO can assist with dispute resolution and hold formal hearings regarding your claims. If the judge believes your claims should have been approved, you may finally get the compensation you need.

You have 2 years to file a formal claim with the EO, but you must still report injuries to your employer within 30 days.

Getting Evaluated by a Doctor

A major part of your Workers’ Compensation claim is medical care and evaluation. While payment must begin within 21 days, the insurance company has up to 120 days to reject your claim if they do not believe there is enough evidence regarding your injuries.

In cases of emergencies, you may go to the hospital for initial treatment in the emergency room. For follow-up care, or in cases where you do not need to rush to the ER, you must be evaluated by a doctor chosen by your employer’s insurer.

Contacting a Lawyer

Do not attempt to navigate the Workers’ Compensation claims process on your own. Our Workers’ Comp lawyers will work to compel your employer and their insurance company to play by the rules and determine the extent of your potential benefits.

What Kind of Benefits Can You Obtain Through Workers’ Comp?

Workers’ Compensation benefits pay for treatment and cover some of your lost income while you are unable to work. Depending on your injuries and circumstances, additional benefits might be available.

Medical Expenses

Workers’ Comp generally covers all reasonably necessary medical care. Your treating physician makes the determination of what is reasonably necessary.

Lost Wages

Workers’ Compensation will provide benefits for the income you lose while you cannot work, but probably not 100% of it. Claimants usually receive two-thirds of their average weekly wage until they reach maximum medical improvement or 104 weeks of treatment, whichever comes first. After that, ongoing wage-loss benefits for permanent impairment are paid at different rates.

Permanent Impairments

You may receive benefits for permanent impairments after you reach maximum medical improvement. At that point, if you are not 100% recovered, your impairments may be deemed permanent, and you may receive additional compensation.

Your rate and length of benefits depend on the extent of the injuries and your impairment rating. You can be put on permanent and total benefits from the beginning if you have certain serious injuries.

Death Benefits

If your loved one passed away as a direct result of work injuries, your family may be entitled to death benefits through your loved one’s Workers’ Compensation.

Death benefits may cover funeral expenses up to $7,500, weekly compensation based on your loved one’s average weekly wage, and even educational benefits for surviving spouses.

Can You File an Injury Lawsuit if You Receive Workers’ Comp?

Workers’ Compensation may limit your options in a lawsuit, but suing may still be possible, depending on your situation.

Employers’ Limited Liability

According to Florida’s Workers’ Compensation laws, employers are not usually liable for injuries arising out of an employee’s course and scope of employment. Employees generally cannot sue their employers unless there are special circumstances.

Liability of Third Parties

You cannot sue your employer under most circumstances, but you can sue any third parties responsible for your injuries, even if you are also collecting Workers’ Compensation benefits.

Exceptions to Employers’ Limited Liability

It may be possible to sue your employer for damages related to a work injury if they fail to carry the Workers’ Comp insurance or they commit an intentional tort. If you sue your employer this way, you likely cannot also claim Workers’ Compensation benefits.

FAQs About Workers’ Compensation Cases in Hialeah

How Do You Start a Claim for Workers’ Compensation?

To start your claim, you must report the accident and your injuries to your employer within 30 days. If you do not, you risk having your Workers’ Compensation claims denied. If your claim is denied, you have up to 2 years to file a formal case with the EAO.

What Kind of Accidents and Injuries Are Eligible for Workers’ Comp in Hialeah?

Workers’ Compensation may cover an accident if it is sufficiently related to your work. An accident may be considered work-related if it is the “major contributing cause” of your injuries, or more than 50% responsible.

Are Workers’ Compensation Benefits Worth a Lot of Money?

Yes. Benefits cover medical care and a portion of your lost income. Depending on the extent of your injuries and how long you cannot return to work, this might account for a large sum of money.

Can You Receive Workers’ Comp Benefits if You Caused an Accident at Work?

Yes. Workers’ Compensation is a no-fault system. It does not matter who caused the accident, as long as it meets the criteria to be considered sufficiently work-related and you did not injure yourself on purpose.

Receive Legal Help from Our Hialeah Workers’ Comp Attorneys

Get a free, confidential legal review of your case from our Workers’ Comp lawyers by calling the Graves Injury Law Firm at (305) 614-2767.