Were you injured on the job in Miami, FL? An experienced Miami workplace accident lawyer at Shaked Law Firm can help you fight to recover fair workers’ compensation benefits for medical bills and lost wages. Call our law office in Miami at (305) 937-0191 to learn how we can help.
Since 2007, we’ve been fighting for injured workers across South Florida. We’ve used our significant experience and resources to recover millions of dollars in compensation for our clients.
You can trust us to step up and protect your legal rights. We’ll also determine whether you deserve additional compensation for your pain, suffering, and other damages. Just contact our personal injury law office in Miami, FL to schedule a free consultation today.
Table of Contents
How Shaked Law Firm Can Help After a Workplace Accident in Miami
You may find yourself in unfamiliar territory if you recently suffered a workplace injury. Many people don’t know what to do or where to find help. Our Miami injury lawyers can help you navigate this overwhelming time.
Collectively, we have more than 100 years of experience. That makes us one of the most experienced personal injury law firms in Florida.
Hiring Shaked Law Firm means you’ll have a qualified legal team handling every aspect of your claim, including:
- Investigating to locate all responsible parties
- Gathering relevant evidence
- Evaluating all options for recovery to maximize the amount of money you take home
- Consulting experts and specialists who can strengthen your claim
- Handling all paperwork and meeting all filing deadlines
Our board-certified civil trial lawyers have been recognized both by the Florida Bar Association and by national organizations, such as Super Lawyers and The National Trial Lawyers.
Most importantly, our Miami personal injury attorneys have been recognized time and again by our satisfied clients.
Remember, we offer free initial case reviews. If you have any questions about creating an attorney-client relationship, don’t hesitate to reach out and ask for help today.
How Common Are Workplace Accidents in Miami?
Across the U.S. more than 2.8 million workers were injured on the job in 2019. According to Bureau of Labor Statistics data, 5,333 fatal work injuries were reported that year. 300 of those fatal work accidents occurred in Florida.
It’s common to think that the most dangerous places for Florida workers are construction sites or factories. In reality, any workplace can become dangerous. In fact, during 2019, over 57% of all Florida workplace fatalities involved transportation accidents and slip and falls.
At Shaked Law Firm, we handle all types of workplace accident claims, including:
- Motor vehicle accidents
- Scaffolding falls
- Construction site accidents
- Accidents involving heavy machinery
- Fishing accidents
- Fires and explosions
- Agriculture accidents
- Welding accidents
- Manufacturing accidents
- And more
Hazardous workplace conditions can quickly become dangerous. If you or a loved one were injured, don’t hesitate to reach out for legal advice today.
What is My Miami Workplace Accident Case Worth?
The severity of your injuries will play a big role in the size of your settlement or verdict. Our lawyers will work hard to document all of the ways your injury might change your life.
In most cases, the following factors will play a role in the value of your personal injury claim:
- The cost of your medical care
- The duration of your recovery
- Your income and wages prior to the accident
- Who caused your workplace accident and whether you’re eligible to file a third-party claim
If you’re totally disabled, your bi-weekly workers’ compensation check will cover about 66 ⅔ of your average weekly wages before the accident. That benefit check is also subject to a cap, however. The maximum weekly wages that can be considered if you were hurt on the job in 2021 is $1,011.
Your check may also be reduced if you qualify for partial disability benefits, yet are able to work in a reduced capacity.
What Types of Damages Are Available to Workplace Accident Victims?
Workplace accident victims have two primary options for recovering damages after an accident: workers’ compensation and personal injury lawsuits. The types of damages you can receive depend on the way you go about seeking compensation.
Florida workers’ compensation covers most injured employees. Workers’ comp protects employees and workers. While injured workers are typically guaranteed benefits, they forfeit the right to sue their employer for additional damages.
However, you could still have the right to sue a negligent third party for damages above and beyond what workers’ comp covers.
What Damages Are Available Under Florida Workers’ Compensation Laws?
Workers’ compensation provides compensation for:
- Reasonable and necessary medical expenses
- Disability benefits, including compensation for total disability, partial disability, permanent disability, or impairment
- Death benefits
Your medical benefits should cover the full cost of your medical care, including:
- Doctor’s visits
- Physical therapy
- Medical testing
- Prescription drugs
- Mileage reimbursement for travel to and from your doctor or the pharmacy
It’s important to visit an approved physician to claim your full medical benefits.
Am I Eligible to File a Third-Party Claim for Damages?
Workers’ comp is designed to compensate work accident victims for most of their economic damages. However, you won’t be entitled to any non-economic damages unless a third party was at least partly responsible for your workplace accident.
If you’re eligible to file a third-party claim under Florida personal injury laws, you can also recover compensation for:
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Physical disfigurement and scarring
- Anxiety, depression, and PTSD
- Loss of consortium in wrongful death cases
You’re always entitled to file a claim for workers’ compensation if you were hurt in the course of employment. To sue for additional damages, you’ll have to prove who was responsible.
Examples of responsible parties often include:
- Negligent drivers
- Property owners
- General contractors
- Third-party vendors
- Manufacturers of defective work equipment
For example, if a negligent driver caused your injuries, you can file a lawsuit just like any other car accident victim.
Can I Recover Damages If I’m Being Blamed for a Workplace Accident in Florida?
Workers’ compensation is a no-fault system. You don’t have to prove fault to recover benefits–and you can claim benefits even if the accident was your own fault.
Blame becomes important under Florida personal injury laws. When you sue a third party for damages, that party might turn around and blame you for getting hurt. Under Florida comparative fault laws, your settlement must account for any blame allocated to you.
In other words, if you’re partly responsible, you can only recover part of your personal injury settlement. However, you can continue to receive your full workers’ compensation benefits.
We’ll Fight to Recover Compensation for All of Your Workplace Accident Injuries
Workplace injuries can vary widely depending on working conditions. However, some of the most common types of workplace injuries include:
- Broken bones
- Back injuries
- Repetitive stress injuries
- Carpal tunnel syndrome
- Brain injuries
- Spinal cord injuries
- Neck injuries
- Crushing injuries
- Catastrophic injuries
- Wrongful death of a loved one
You can count on our experienced Miami workplace accident attorneys to fight for your family. We’ll help you file a workers’ compensation claim and determine whether you have the right to pursue additional damages through a third-party claim.
What Causes Most Workplace Accidents in Miami, Florida?
There are countless ways you might be injured on the job.
Some of the most common causes of work accidents in Florida include:
- Lack of proper safety equipment or fall protection
- Unsafe work equipment
- Exposure to live power lines
- Slip and fall accidents
- Negligent drivers
- Physical strain and repetitive motions
- Exposure to toxic chemicals
- Failure to properly train and supervise employees
- Dangerous premises
- Workplace violence
- Failure to follow state and federal safety regulations
You deserve to know what caused your accident. The cause of your injuries can influence the amount of compensation you’re entitled to recover.
Am I Required to Prove Negligence to Recover Damages After a Workplace Accident in Florida?
You don’t have to prove negligence to recover damages under Florida workers’ comp laws. However, there are many other ways that your employer and the insurance company could challenge your claim.
Potential challenges might include claims that:
- Your injury was pre-existing
- Your accident wasn’t work-related
- You visited a non-approved doctor
- You failed to provide proper notice
- Your paperwork was incomplete
- Your medical expenses weren’t related to your work injury
You’ll usually have to prove negligence to file a personal injury lawsuit. A third party is negligent if they owed you a duty of care, breached that duty, and caused your injuries.
How Long Do I Have to File a Lawsuit After a Workplace Accident in Florida?
You should report your injury to your supervisor within 30 days of the accident. You could forfeit your right to workers’ compensation if you wait longer.
You have four years to file a personal injury lawsuit for damages under the Florida statute of limitations.
Contact Miami Workplace Accident Lawyer for a Free Consultation
Were you injured at work in Broward County or Miami-Dade County? Call an experienced Miami workplace accident lawyer at Shaked Law Firm today. We’ll review your case for free and help you understand the full range of legal options that may be available.