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Workers’ Compensation Lawyer in Miami
Workers’ Compensation Lawyer in Miami
June 18, 2020 admin

Workers’ Compensation Lawyer in Miami

If you or a loved one has suffered a workplace accident in Miami, contact Schlacter Law right away to speak with a workers’ compensation lawyer. Whether you work in a factory, in an office or outside, you could get hurt on the job. In many cases, this means you are eligible for workers’ compensation or “workers’ comp.”

Workers’ Compensation in Miami

In the unfortunate event that you are involved in a workplace accident, the first step is to ensure the safety and well-being of you and your fellow employees.  . At the same time, you should document, in detail, your accident and immediately let your employer know. In Miami, like in the rest of Florida, the details that you provide can be crucial for your workers’ compensation lawyer when seeking compensation.

Under Florida law, every business in Miami, as in the rest of Florida, should have workers’ compensation insurance. This law covers employees in case they are injured on the job. A workplace injury lawyer from Schlacter Law will help determine the necessary action you need to take in the fastest time possible.

Filing a Workers’ Compensation Claim in Miami

If you are injured in a workplace accident in Miami, as with the rest of Florida, the following are the actions you should take.

  1. Report your injury to your employer in writing and in detail within thirty (30) days of your injury. Keep a copy of your report for your own records. Make sure you follow your employer’s procedures to report an accident.  If a report is prepared, then make sure it is correct not only as to how the accident happened, but that all of your injuries are listed in the report
  2. Speak with an experienced workers’ compensation lawyer from a firm experienced in workers’ compensation cases, like Schlacter Law. You are not required to hire a workers’ compensation lawyer to represent you in the claims process, but it is greatly beneficial to do so. A lawyer from a workers’ compensation firm, like Schlacter Law, has a thorough understanding of the workers’ compensation process and has helped thousands of clients receive compensation
  3. Request Medical Care as soon as possible.  Many people think they might feel better later or they can “walk it off”.  If you do not want to see a doctor yet, then at a minimum, make sure you properly reported the accident and your injuries
  4. Talk to a lawyer to determine if you have a workers’ compensation case, a personal injury case, or both

Having a workplace injury lawyer on your side can be a valuable benefit as you seek the compensation and benefits that the insurance company may owe you. A lawyer can help you identify and overcome any obstacles you may face in filing your workers’ compensation claim in Miami as in the rest of Florida.

What if the Insurance Company Refuses to Pay?

If you have suffered an injury at work, but your employer and insurance company refuse to respond and/or provide you the workers’ compensation benefits that you deserve, you need to file a claim called a Petition for Benefits with the Workers’ Compensation Court. A lawyer from a work related injury law firm like Schlacter Law can file it for you and help you understand what is involved in this process.

Make sure you or if you are unable to because of your injuries, someone else has reported the injury to your employer. If you have not yet done so, remember in Miami, as in the rest of Florida, you have thirty (30) days to report your injury to your employer after you have suffered a job-related injury.  There are exceptions, but do not rely on exceptions!

If you do not receive money, a doctor to see and/or correspondence from the insurance company or if a dispute arises regarding your workers’ compensation benefits, you should first try to resolve the issue by discussing with your employer and/or the workers’ compensation insurance company.

Contact a workers’ compensation lawyer from a firm like Schlacter Law. If your “good faith effort” to resolve the dispute does not work out, a workers’ compensation lawyer from a firm like Schlacter Law will help you get through the process and if necessary, take the insurance company to Court. They will make sure the Petition for Benefits is not only properly completed, but also properly served on the right parties. 

Once a Petition for Benefits is filed, the Court will schedule a Mediation where the parties can either resolve the issues that you are having or even settle your case in its entirety.   If the case does not settle and the issues remain, then you will have a pretrial conference and you will attend a Final Hearing. A Final Hearing is a trial in workers’ compensation.   There is no jury. In Miami, for example, with a few exceptions, one (1) of the five (5) Judges of Workers’ Compensation Claims will hear your case. At the Final Hearing, you must present evidence to support your claims.  A workers’ compensation lawyer, like one found at Schlacter Law, will know how to navigate the system and present the evidence necessary to give you the best chance at winning your case. If either you or the employer/insurance company do not agree with the outcome, either side may appeal the Judge of Compensation Claims’ opinion.  

Common Workplace Accidents and Injuries in Miami

In Miami, as with the rest of Florida, businesses spend a lot of money each year on workplace safety, but accidents still happen. Certain types of accidents and injuries are more common than others. Here are several of the most common workplace accidents that occur in for example in Miami:

  1. Overexertion: Overexertion can result from pushing, pulling, lifting, and other actions. This is consistently the most common workplace injury
  2. Falls: No matter where you work, everyone has or has seen someone slip or trip over something. It is extremely common. Uncleaned spills, uneven pavement, loose extension cords or stairs all present opportunities to slip and trip. Injuries from falls and slips can range from lacerations to much more serious injuries
  3. Reaction to falls: If you have ever felt yourself start to slip or trip, then you might be able to save yourself from falling by grabbing on to a wall, a desk, or even a colleague. Although you kept yourself from falling or tripping, you could still have injured yourself in a variety of ways to include overextending your muscles, joints, or tendons
  4. Falling objects: Falling objects are a particularly large threat in warehouses and construction sites are very common.  These objects can result in serious injuries to you to include to your head and neck
  5. Walking into things: Sometimes walking while absorbed in other activities such as talking makes us miss what is right in front of us which sometimes unfortunately could be things like walls, tables, doors, and other obstacles. This is a common accident that can result in injuries to include your head, knees, feet, shoulders and/or back
  6. Vehicle accidents: The more you drive at work, the more likely your chances of being involved in a car accident, especially in Miami traffic. There are many people on the road. Be sure to pay attention and be alert while operating vehicles as the cost of vehicle accidents can be serious injury or even death. You can claim workers’ compensation benefits in many instances even if you are at fault for the accident
  7. Machine accidents: If you operate heavy machinery at the workplace, then you might be at risk for a machine-related accident. Often your clothes, hair, and even limbs can become entangled in a machine, which could result in a loss of limbs and other permanent injuries
  8. Repetitive motion: This is a common injury for employees who work in an office. No one thinks that simple tasks, such as typing or using the computer, are threats to our health, but repetitive motion from these tasks as well any tasks that you do over and over, could result in painful and lasting damage. Injuries include back pain, carpal tunnel syndrome and vision issues
  9. Workplace Violence: If you are the victim of an attack by a co-worker or a customer, then you can sustain many different types of injuries, some of which may prevent you from returning to your current job

If you feel like you have been injured in a workplace accident in Miami or anywhere else in Florida, then consult Schlacter Law, a workers’ compensation law firm, to see if you are eligible for compensation.

How Much Money Can I Receive in Reimbursement?

Schlacter Law helps workers in Miami and throughout Florida who have been injured on the job. Many clients ask the same question. How much money will I receive in compensation? No two (2) workers’ compensation cases are the same and it is natural to be concerned about your reimbursement when your ability to earn a living has been impaired.

Maximum benefits allowed vary from state to state. Knowledge and experience of a workers’ compensation lawyer make a large difference. The value of a workers’ compensation case depends on many things such as your type of injury, the severity of your injury, the extent of your disability.  When you are injured, you must go see the physician that your employer or the insurance company chose for you.  You must continue treating only with your workers’ compensation physicians or your benefits may stop.  If you have a certain type of severe injuries, then the insurance company can accept you as catastrophically permanently disabled.  

These can include:

  • Spinal Cord Injury involving severe paralysis of an arm, a hand a foot or leg involving the effective loss of use of that body part
  • Loss/Amputation of an arm, a hand, a foot or a leg involving the effective loss of use of that body part
  • Severe brain or closed-head injury
  • Severe burns
  • Total industrial blindness

If you do not have catastrophic injury, there are other standards to use to become permanently totally disabled from a workers’ compensation accident. Depending on your year of accident, the standard changes as does for how long you will receive these benefits. You should speak with a workers’ compensation attorney, such as one found at Schlacter Law to determine if your injuries meet these requirements and help you through the process to obtain those benefits. 

Most insurance companies settle workers’ compensation cases with a lump sum. They take into account:

  • The severity of the injury
  • The anticipated future out-of-pocket medical costs
  • The injured person’s ability to pursue gainful employment and/or possibility of future lost wages

Fortunately, in Miami, as in the rest of Florida, most workplace accidents do not result in permanent total disability. You still are entitled to monetary benefits depending on the impairment rating and work related restrictions that your workers’ compensation physician assigns to you. As long as your workers’ compensation doctor says you need treatment and you do not settle your case, the insurance company is responsible for that treatment.

If you have been injured in a workplace accident and would like to know if you are receiving the right and appropriate benefits as well the value of your case for settlement, then contact a lawyer from Schlacter Law. Having a workers’ compensation lawyer on your side is paramount to the outcome of your case.

Any time that you are in a dispute with an insurance company in Miami and elsewhere, you should hire an attorney to represent you. It will be necessary for you to gather evidence in order to challenge the position of an insurance carrier, and many of these tasks require legal knowledge, experience, and skill. When a lawyer from a workers’ compensation law firm like Schlacter Law is involved in your workers’ compensation case, you are likely to get a much higher settlement offer. Your lawyer has experience and skills in negotiating and can use his or her knowledge to build up your case.

How We Handle Cases

  1. Investigation
    • Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
    • You will remain in constant contact with Schlacter Law about the progression of your case.
  2. Negotiation
    • Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
    • Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
  3. Litigation
    • If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
    • At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.

 

Frequently Asked Questions

Do I have a case?

Reach out to a lawyer from a Miami workers’ compensation firm like Schlacter Law, and an attorney will be able to determine your next steps. If you are in a dispute with an insurance company, it is always helpful to have a lawyer on your side. You need a Miami workers’ compensation lawyer experienced with the “ins and outs” of the law.

What can a workers’ compensation lawyer do for me?

The lawyers at Schlacter Law can help workers injured in a workplace accident through the entire process. This means making sure that our clients receive the lost wages and medical care that the law provides to them.  The goal of a workers’ compensation law firm like Schlacter Law is to help the injured worker obtain benefits and the best settlement possible.

How much money should I expect to receive?

The amount of your workers’ compensation settlement depends on many factors.  No two (2) cases are the same.  Because workers’ compensation settlements can vary widely in Miami, it is beneficial to work with a lawyer, like those at Schlacter Law, who can make the best possible outcome for you.

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