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Miami, Florida

Miami Workers’ Compensation Lawyer

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Miami Workers’ Compensation Lawyer

Were you injured at work in Miami, Florida? You may be entitled to compensation for medical bills, lost wages, and pain and suffering. An experienced Miami workers’ compensation lawyer at Shaked Law Personal Injury Lawyers can help you understand your legal options under Florida workers’ compensation and personal injury laws. 

We’ve represented thousands of injured workers in South Florida since we opened our doors in 2007. We’ve also won hundreds of millions of dollars in compensation on their behalf.

Contact our law offices in Miami, Florida at (305) 937-0191 to schedule a free consultation today.

How Shaked Law Personal Injury Lawyers Can Help With a Workers’ Compensation Claim in Miami 

How Shaked Law Personal Injury Lawyers Can Help With a Workers’ Compensation Claim in Miami 

You’re covered by workers’ compensation in Florida if you work for an employer with at least four employees. That doesn’t mean it’ll be easy to get the benefits you deserve after an on-the-job injury.

The workers’ compensation system is complex. Insurance carriers often challenge workers’ compensation claims. Your doctor might push you to return to work before you’re ready. You could even face illegal retaliation once you return to the workplace.

Our experienced personal injury lawyers at Shaked Law Personal Injury Lawyers will fight for you every step of the way.

That means we will:

  • Help you file your initial workers’ compensation claim
  • Identify all sources of compensation, including a personal injury lawsuit
  • Gather evidence to determine the cause of your injury or illness
  • Handle all insurance negotiations
  • Fight for you if your claim is denied or delayed

Collectively, we have over 100 years of legal experience fighting for injured workers in Miami. We do more than level the playing field–we give you the edge you need to win.

To learn more, call our Miami personal injury lawyers for a free consultation today.

How Common Are Workplace Injuries and Illnesses in Miami?

Work-related injuries and illnesses are a serious problem nationwide. Over 2.8 million private sector workers reported workplace injuries and illnesses in 2018. In 2019, at least 5,333 U.S. workers were killed on the job.

Workplace injuries are also extremely common in Florida. In fact, 306 Florida workers were killed on the job in 2019. Thousands more were seriously hurt. That’s one reason why Florida requires employers to provide workers’ compensation coverage. 

In 2020, 11,947 workers’ comp claims were filed in Miami-Dade County alone. Over $211 million in benefits were paid county-wide.

What is My Miami Workers’ Compensation Claim Worth?

In 2020, the average injured worker in Miami-Dade County received over $18,000 in cash benefits. However, your claim could be worth more or less, depending on the facts.

Factors that will influence the value of your workers’ compensation claim include:

  • Your average weekly wages before the accident
  • How much work time you’ll miss
  • Whether you’ll return to work in the same capacity
  • Whether you can perform “light duty” while you recover
  • The cost of your medical treatment

If you’re completely unable to work, your weekly check should be about ⅔ of your average weekly wages before the disability. However, that amount is also subject to a statewide cap. In 2021, your benefits are capped at $1,011.

That means you might not even receive ⅔ of your wages while you recover–and, after 104 weeks, you’ll have to prove that you’re still entitled to benefits–or your check might stop entirely.

What Types of Workers’ Compensation Benefits Are Available to Injured Workers in Miami?

Any type of workplace injury or illness can be overwhelming. Florida workers’ compensation laws are designed to help cover your costs while you focus on getting better. 

Injured workers are entitled to a few different types of benefits, including:

  • Medical benefits
  • Disability benefits
  • Death benefits

In the state of Florida, you’re entitled to file a claim for benefits if you were injured in the course of employment. You qualify for workers ‘ comp as long as you were performing work-related duties at the time of your injury.

What Types of Medical Benefits are Available?

Florida workers’ comp covers the full cost of all reasonable and necessary medical care. That includes:

  • Visits to doctors and specialists
  • Hospital bills
  • Physical therapy
  • Medical tests
  • Prescriptions
  • Prostheses
  • Attendant care
  • Travel to and from your doctor and the pharmacy

You are required to see a doctor who has been authorized by your employer or the workers’ compensation insurance company. Otherwise, you risk losing your right to medical coverage.

Income Replacement Benefits

If you’re off the job for at least seven days, you qualify for cash benefits. After 21 days, you can also receive reimbursement for the first seven days of disability. 

You should start receiving a check soon after you file a workers’ compensation claim. However, the amount of your check will depend on the type of disability you’ve suffered.

You may be entitled to receive:

  • Temporary total disability benefits 
  • Income impairment benefits once you’ve reached maximum medical improvement (MMI)
  • Permanent total disability benefits

Often, your doctor will decide that you’re able to work in some limited capacity while you recover. If your wages are less than they were prior to the accident, you can recover a portion of your wage replacement benefits for “light duty” work.

Do you have questions about the type of disability benefits you’re receiving? Does it feel like your doctor is pressuring you to return to work before you’re ready? Call our Miami workers’ compensation attorneys for a free case review today.

What is a Third-Party Claim?

Under Florida law, you forfeit your right to sue an employer for damages. You’re limited to workers’ comp benefits if you’re injured on the job.

However, you don’t give up your right to sue other negligent parties. If a third party caused your medical condition, you may be able to sue for additional damages. 

For example, you may be entitled to file a third-party claim against:

  • Property owners
  • Manufacturers of defective work equipment
  • General contractors
  • Venders
  • Suppliers
  • A negligent driver who caused a car accident or truck accident
  • Employers of negligent parties

Workers’ comp covers most of your economic damages–or your financial losses. However, you can only recover non-economic damages by filing a personal injury lawsuit.

If a negligent third party caused your injuries or illness, you may be entitled to damages for:

To recover these additional damages, you’ll have to prove negligence. Our lawyers in Miami can help. To discuss your workers’ compensation case, call for a free case evaluation today.

Can I Recover Damages If I’m Being Blamed for a Workplace Accident in Florida?

Florida workers’ compensation is a no-fault system. You can recover damages regardless of who caused the accident. That’s true even if you were responsible for getting hurt.

Comparative fault only becomes relevant if you’re entitled to file a third-party claim. In the personal injury context, your damages can be reduced in proportion to your share of fault if you are 50% or less responsible for the accident. Florida follows a modified comparative negligence law that bars recovery if your share of fault exceeds 50%.

We’ll Fight to Recover Compensation for All of Your Workplace Accident Injuries

Any work injury or illness can take you off the job if it’s serious enough. At Shaked Law Personal Injury Lawyers, we represent workers who have suffered:

We also help the families of fatal work accident victims recover death benefits and fair compensation for wrongful death.

You don’t have to be injured on a construction site to qualify for workers’ comp. At Shaked Law Personal Injury Lawyers, our attorneys handle claims involving:

  • Scaffolding accidents
  • Roof and ladder falls
  • Exposure to toxic substances
  • Slip and fall accidents
  • Heavy machinery, crane, and forklift accidents
  • Unsafe work conditions
  • Dangerous or defective work equipment
  • Lack of safety protection
  • Construction site accidents
  • Electrocutions and electric shock
  • Fires and explosions
  • Motor vehicle accidents
  • Repetitive motions
  • Lifting heavy objects
  • Failure to follow OSHA safety regulations

Maybe you were hurt because someone in charge cut corners. Maybe the accident was a fluke. Regardless of what happened, we’ll get to the bottom of it. Give us a call today to learn more.

How Long Do I Have to File a Workers’ Compensation Claim in Florida?

You should report your injury or illness to your supervisor as soon as possible. If you don’t report the injury within 30 days, you risk losing your right to benefits.

The statute of limitations in personal injury cases is two years. Under Florida law, you must file a personal injury lawsuit within two years from the date of the injury–or you forfeit your right to seek compensation from a negligent third party.

Prior to March 24, 2023, Florida law gave personal injury victims four years to pursue legal claims. If your Miami work accident occurred after that date, you’re subject to the two-year time limit.

Contact a Miami Workers’ Compensation Lawyer for a Free Consultation

Were you or a loved one injured in a workplace accident in Fort Lauderdale, Coral Gables, or Miami? Call a Miami workers’ compensation lawyer at Shaked Law Personal Injury Lawyers for immediate assistance. We offer a free initial consultation, so don’t hesitate to reach out for help today.

Our personal injury law firm in Miami, FL also provides: