Most employees take workplace safety for granted. But the fact remains that workplace injuries are pretty common. If you get injured on a job in Miami, you’re subject to workers’ compensation Miami reimbursements outlined under Miami’s employment laws.
These benefits offer the financial support needed to help you recover from the injuries suffered and move on with life. Besides, they compensate for the loss of income, pain and suffering.
The process involved in collecting these benefits isn’t easy as victims face plenty of complications and impediments. If you don’t work with an experienced attorney, you may never receive these benefits. In this article, we’ll discuss what you should know about workers’ compensation in Miami.
Workers Compensation in Miami
Employers apply for workers compensation insurance to cover their workers and themselves against workplace injuries and illnesses. The Florida state government authorizes this type of compensation and recognizes it as a social insurance policy underpinned by a social contract between the management and labor.
As a result, it represents an agreement between the employer and employee. In other words, the employee receives compensation from the insurance company if they suffer an injury or illness in return, they don’t sue the company or employer for the accident.
The workers’ compensation in Miami aims at providing wage and medical reimbursements to employees who sustain illnesses or injuries caused by their employment. It could also cover unintentional casualties that may happen at workplaces.
However, that doesn’t mean your employer or insurance company will readily accept your workers’ compensation claim. Some injuries can be easily linked to your employment.
But as with repetitive injuries like rotator cuff tendonitis, tennis elbow, carpal tunnel syndrome, or aggravation of an existing condition, proving the injury is work-related could be very tricky. So you might wonder if or not the insurance company will cover your injuries or illness. For your employer’s insurance company to offer coverage, your compensation claim must meet certain standard conditions like:
1. The company or organization you’re working for must have a workers’ compensation insurance policy or be legally authorized to carry one.
2. You must be an employee of the business or company and not an independent contractor.
3. The injury suffered must fall under the compensable injury category. This means:
- The illness or injury should be due to work.
- The illness or injury sustained should be directly related to the work accident.
- You suffered the disease or injury while performing your work duties.
Where to File Workers’ Compensation Claims in Miami?
Do you have any work-related injuries or illnesses? You might need to file a workers’ comp claim with Risk Management. It’s a department in Florida mandated to handle issues like Workers’ Comp, ADA needs, Property & Casualty Claims, etc.
All you need is to contact them through:
- Phone call: 305-416-1700
- Email: firstname.lastname@example.org
Now that you know where to file your workers’ comp claim in Miami, it’s essential to understand how the filing process works. Filing the workers’ compensation claims in Miami, FL can be hectic. But with the correct procedures and experienced attorneys, the process becomes easier. Here’s what you should do:
Report your Injury or Illness to Your Employer
According to Florida statutes, you must report the issue to your employer within 30-days from the injury or accident date or upon recognizing the injury. While 30 days can be a long time to report, it would be best to do it immediately after the work mishap.
You can notify your supervisor or employer verbally. But it is advisable to send them an official letter or email for future use.
Next step is to consult a qualified doctor to assess, determine, and prove your injuries’ severity. The medical evaluation will help strengthen your workers’ compensation claim.
Employer Submits your Claim
Once you notify your employer about your injury, they must submit your claim to their insurance company within seven days. If they don’t, contact the insurance provider yourself. The insurer will either approve or decline to settle your workers’ compensation benefits.
How to Request an Appeal for a Worker’s Compensation Issue in Miami
If your employer’s insurance company rejects your claim or the reimbursable amount is unsatisfying, you can file a Benefits Appeal within 2 years after the accident. Employers or their insurance providers may deny your claims because:
- You filed the claim too late.
- There were no witnesses to the accident.
- The insurer doesn’t cover your illness or injury.
- Your employer is unwilling to pay.
If that’s the case, you may have to defend yourself as a worker and appeal the decision. In Miami, it’s important to first try and resolve the denial with the insurance provider. If they still deny liability, proceed to file a formal appeal.
The best way to do so is to contact a qualified and experienced workers’ compensation attorney in Miami. They know what papers to file and the period to do so. You should send a Petition for Benefits to the Judges’ Compensation Claims Office. They’ll assign a number to your case, and your mediation hearing will begin within 130 days.
This will be an informal meeting, and a third party will listen to your lawyer and the insurer’s attorney. They will then try to resolve the issue, and if there’s no resolution, a judge will then take over the case.
The judge will schedule a pretrial hearing, meaning your attorney must have vast experience and understands which evidence will best persuade the judge of your claim’s validity. After the pretrial, it will take about 90 days for the final hearing to occur.
Your attorney and the insurance company’s legal representative will present their evidence and testimonies. The judge will note everything and make a written decision within 30 days after the hearing.
When You Need an Attorney
It’s most likely the insurance company or your employer will deny your claim and refuse to pay the workers’ compensation benefits. So it is best to find a reputable and experienced attorney to help you file a claim. They will also help fight for your rights and ensure you get what you deserve in case of claim denial.
These professionals have vast knowledge and know the best way to appeal your case and support your claim with valid evidence to make sure you win the case. So be sure to contact Miami’s workers’ compensation attorney whenever you suffer work-related injuries to help you get the reimbursement you deserve.