Work Injury Lawyers Serving Miramar
If you're from Miramar, Florida, you should pay close attention to work injury claims. Every year, thousands of workers in the state are injured while doing their job - and many of them don't realize they might be able to get compensation for their injuries.
Work injury claims can help you get the help you need after an accident. Here are some of the benefits:
- Financial Compensation - Work injury claims can help you get financial compensation for your injuries, such as medical expenses, lost wages, and even pain and suffering. This can make a huge difference in getting back on your feet after an accident.
- Protection - When you file a work injury claim, the law protects you from retaliation from your employer or co-workers. You can rest easy knowing that your rights are being respected.
- Access to Benefits - When you file a work injury claim, you can access benefits like disability income or medical care that may not be available otherwise.
Work injury claims also provide peace of mind – knowing that if something goes wrong on the job, there's a system to take care of it and ensure the proper parties are held accountable. This is especially important in Miramar since construction accidents are especially common here due to the development in this city over the last decade or so.
It's important to understand your rights as an employee if an accident occurs at work – and if it does happen, it's important to know how to take advantage of Florida's workers' compensation laws so that justice is served and everyone gets what they deserve.
What Is a Work Injury Claim?If you have been hurt on the job in Florida, you may be entitled to compensation for your injury through a work injury claim. To help you navigate the process, here are the basics of a work injury claim.
A work injury claim is an application you submit to your employer’s workers’ compensation insurance company. The purpose of the claim is to request payment for medical expenses, wages lost due to being off work, and any other damages related to the injury. This includes a lump sum that compensates you for all or part of what was lost due to the workplace accident.
To file a successful claim, it's important that you do three things: (1) notify your employer about the injury in writing within 30 days; (2) obtain medical care from an authorized provider; and (3) file your claim with the state workers' compensation agency within two years of your accident or diagnosis date.
What Are the Most Common Types of Work Injuries in Florida?Work injuries in Florida can range from a simple sprain to something more serious, like a broken bone or a traumatic brain injury. Some of the most common types of workplace injuries include:
- Musculoskeletal injuries such as strains and sprains. These often occur due to repetitive motions, heavy lifting or awkward postures.
- Back injuries such as herniated disks and pinched nerves. These often occur due to lifting heavy objects or working in awkward positions for long periods.
- Falls and slip-and-fall accidents. These can occur on any slippery surface, including wet floors and ladders, or may be caused by improper safety precautions.
- Burns caused by contact with hazardous materials, hot surfaces or electrical wiring.
- Cuts and lacerations may occur due to using sharp tools and equipment or contact with broken glass.
It's important to note that many work injuries are cumulative, meaning they occur over time due to repeated exposure to a hazard rather than as a result of one incident. It's also important to remember that any physical injury can be compounded by psychological trauma, such as post-traumatic stress disorder (PTSD).
No matter what type of injury you've suffered in the workplace, it's important that you discuss your case with an experienced Florida workers' compensation attorney who can help you understand your rights and work towards getting the compensation you deserve for your losses.
What Should I Do If I Am Injured at Work?If you are injured at work in Florida and believe you may be entitled to workers’ compensation benefits, taking certain steps to protect your rights is important. To make sure you know your rights and receive the benefits due to you, here are the most important things to do if you are injured at work:
- Report your injury immediately: It is very important to report it right away - even if it doesn't seem like a big deal. You must do this within 30 days of the accident or injury, or you may be unable to file a claim.
- Get Medical Treatment: Your employer should have a medical provider list they must provide you if requested. It is important that you seek medical attention as soon as possible after the accident since some injuries may not show up right away or might worsen with time if left untreated or improperly treated.
- File a Claim: Once your injury is reported, your employer should provide a form for filing a claim for workers' compensation insurance benefits. Ensure all information on the form is accurate and complete before signing and filing it with the Division of Workers' Compensation (DWC). Your employer must submit this form as well.
- Talk To A Work Injury Attorney: It is always recommended to speak with an experienced Florida workers’ compensation attorney who will be able to help ensure your rights are protected throughout the process and make sure that all control medical documents are documented properly through each step of the process so that there is no delay in payments or other issues down the line when trying to get compensated for your work injury in Florida.
You should report your work injury to your employer immediately. The state of Florida, in particular, requires that employers be notified within 30 days of the injury occurring.
Failing to inform your employer soon enough can affect your ability to receive workers’ compensation benefits. So, why wait? Let them know you have suffered an injury at work as soon as possible.
Another thing you should keep in mind is that you need to fill out an accident or incident report with your employer’s insurer within seven days of the incident or accident. This document should include all the details about the incident and your injuries.
It’s important for employers and insurers to quickly know about any workplace injuries and accidents so that they can launch an investigation right away. By not reporting your injury and taking the proper steps promptly, you may miss out on receiving the full benefits you deserve and need after a workplace accident or injury.
Can I File a Work Injury Claim If I Was at Fault for The Accident?People are often uncertain about whether they can file a work injury claim if they were at fault for the accident. The good news is that even if you bear some or all of the responsibility for the incident, you can still file a claim with the help of an experienced attorney.
In short, it doesn't matter if you were partially at fault for the accident— your employer may still be legally liable for damages, and that means you shouldn't rule out pursuing a claim just because you think your negligence may have contributed to the unexpected event.
That said, it's important to note that if you were found to be completely at fault for the accident, you will not successfully obtain compensation from your employer. But this determination can depend on numerous factors, so it's worth consulting with an attorney to know your options in case of a work-related injury.
At the end of the day, even if you were at fault for your legal claim, an experienced lawyer can help determine how much responsibility each party has in ensuring a fair outcome and give their opinion on whether or not it's worth pursuing legal action.
What Is Workers' Compensation Insurance?Before you file a work injury claim in Florida, you'll need to understand the basics of workers' compensation insurance. Workers' comp coverage provides medical care and income benefits to employees injured or who become ill from their work.
The benefits provided by workers' comp cover medical bills, lost wages, and other related costs when an employee is injured or suffers from a job-related illness or injury. It also covers permanent disability and death benefits in those cases. Workers' compensation insurance is paid by the employer or the state’s workers’ compensation agency.
To qualify for compensation, you must:
- Be an employee of the company that provides workers’ comp insurance coverage
- Have an injury that occurred while on the job
- Have a documented medical condition related to your job
- File a claim correctly with the necessary paperwork and evidence for your case
- Take any legal steps necessary to receive benefits if needed
As you weigh your options for filing a work injury claim in Florida, you should always be aware of the benefits you may be entitled to. Under the Florida Workers' Compensation Law, an injured employee can receive payment for medical care, benefits related to lost wages, and death benefits in cases of fatal workplace accidents. Here are some specifics on the benefits you may be eligible for:
- Medical Care: First and foremost, workers' compensation covers all necessary medical treatment for an on-the-job injury or illness. This includes doctor's visits, hospital stays, medications, and rehab services.
- Lost Wages: If your injury or illness prevents you from returning to work at your usual job or pay rate, you could be eligible for temporary disability payments while you cannot work. These typically cover two-thirds of your average weekly wages up to a certain maximum amount.
- Death Benefits: In tragic cases where an employee dies as a result of a work-related incident, survivors may be eligible for death benefits such as funeral expenses and payments made to the deceased’s dependents.
It is important to note that these various types of benefits have limits associated with them under Florida law—so make sure that you have a full understanding of what is available before filing any claims related to workplace injuries or illnesses in Florida.
Can I Choose My Doctor for My Work Injury?One of the key questions you might have about work injury claims in Florida is: can I choose my doctor for my work injury? The short answer is yes, you can. Under Florida law, employers must provide you with a list of designated physicians to get treatment for your injury and to be examined.
However, if none of those physicians are convenient or close enough, you can seek treatment from a doctor of your choice. You'll need to give the employer and their workers' comp insurance company reasonable notice before visiting your doctor.
But it's important to note that you won't necessarily receive reimbursement for going outside the list of approved doctors your employer provides — so check with them before making any appointments with another medical professional. Also, be sure that the health care provider you choose is aware of the state's workers' compensation laws and how they apply to your situation.
The bottom line? You have the right to choose the doctor who's best for treating your work-related injuries as long as you provide reasonable notice and get approval from your employer (if needed).
How Long Do I Have to Report My Work Injury?When filing a work injury claim in Florida, one of the most important things you need to know is how long you have to report your injury. In Florida, you have 30 days from the date of the injury to report it. Even if you don't think the injury is serious enough to take action—it must still be reported.
Unfortunately, your claim may be denied if you don't report the injury within that 30-day window. That's why it's important to know when and how to report a work injury:
Reporting as soon as possible
When you experience any workplace injury—whether a slip and fall or something more serious—it's important to report it immediately. This allows you to document any medical treatment and expenses related to the incident as soon as possible, which helps build your case.
Know Who Needs To Receive Notice
In Florida, employers are required by law to provide their employees with workers' compensation insurance coverage—the person or entity responsible for claims associated with workplace injuries varies depending on the employer.
Therefore, it's essential that you determine who needs notification of your work-related injury so that they can properly investigate it and process any claims. If in doubt, seek advice from an attorney specializing in this field.
Document Everything
It’s also important that you document everything related to your incident: dates and times when it occurred; detailed descriptions of how long it took before filing; information about everyone involved; medical treatment received; journal entries about symptoms experienced leading up to or following an incident—anything that can help support your claim should be documented thoroughly.
Another important thing to know before filing a work injury claim in Florida is the statute of limitations—essentially, the time frame you have to file a claim. In Florida, the statute of limitations for filing a work injury claim is two years from the date of injury.
It's important to remember this two-year window because if you wait any longer than that and try to file your claim outside of this time period, it will likely be denied—even if you had a valid reason for waiting. This means it's critical to act quickly and ensure that you are filing your claim well within two years.
Furthermore, it's also important to be aware of some specific exceptions in certain circumstances that may allow you to extend beyond the two-year deadline. But depending on your situation, it’s best to speak with a lawyer who can provide specific guidance on how long you have to file a work injury claim in Florida.
Contact Frankl Kominsky, Work Injury Lawyers Serving MiramarGetting the best representation possible is important if you were injured at work. That's why hiring an experienced Frankl Kominsky lawyer pays to ensure you get the settlement you deserve.
At Frankl Kominsky, we understand the daily struggles of an injury at work and know how much money a good settlement can mean for you and your family. We have years of experience in workplace injury law, so you can trust that we have the legal skills and resources necessary to pursue maximum compensation.
When you hire one of our lawyers, here's what you can expect:
- We will fight aggressively on your behalf to obtain the best results possible.
- Your case will receive personalized attention from our knowledgeable and compassionate legal team.
- We will handle all communications with insurance companies and medical providers.
- We will represent your interests in court or arbitration proceedings if necessary.
- We are prepared to go wherever necessary to get justice for our clients.
Don't face this issue alone - contact Frankl Kominsky today for a free case review by calling (561) 800-8000. Our work injury lawyers serving Miramar are here to help!