If you reside in Miami, FL, and get hurt while performing your job, you’re eligible to receive reimbursement for injuries suffered from your employer’s insurance plan. Nevertheless, the process involved in getting these benefits isn’t as straightforward as it may sound, as the injured workers usually encounter a lot of complications and impediments when trying to receive benefits.
The workers’ compensation claims process in Miami gets particularly complex if you don’t have the requisite experience and knowledge. Your employer and their insurance provider may try to deny your claim on a technicality if you attempt to handle the process all alone. This is why it’s crucial to consult with a skilled workers’ comp attorney in Miami, FL concerning your claim.
Our knowledgeable and dedicated attorneys at Work Injury Rights have dealt with many workers’ comp cases in Florida and are acquainted with the intricacies of the claims process. When you enlist our services, we will make sure you receive the highest compensable amount possible for injuries sustained.
Call us NOW at 954-833-5226 and our team of skilled attorneys will guide you through the workers’ compensation claims laws in Florida. We offer a free initial consultation and case evaluation.
How Can I Know if My Injury Will Be Covered By a Workers’ Comp Claim?
Most of the injuries suffered while at the workplace are covered by the employer’s workers’ comp insurance policy, including illnesses and unintentional mishaps that happen during work. But how do you know whether your injuries will be covered? Firstly, for the insurance company to provide coverage, the compensation claim must fulfill certain conditions. Some of the standard criteria your claim must meet include:
- Your employer or the company you work for must have a workers’ comp insurance policy plan or be legally mandated to carry one.
- Secondly, you must be employed at the company or business and not be an independent contractor.
- Thirdly, the injury you have suffered must be categorized as a compensable injury. This meaning:
- The injury or illness suffered was directly linked to the work accident.
- The injury or illness arose because of work.
- The injury or illness occurred while fulfilling your work duties. You must have suffered the injury will engaging in an exercise directly connected to your job.
Enlisting the services of a professional worker’s comp attorney is the sure-fire way of knowing what will be covered by your employer’s workers’ comp policy.
How Long Do You Have to File a Workers’ Comp Claim in Florida?
The statute of limitation in Florida stipulates that if you got an injury while fulfilling your work responsibilities, you have two years following the accident date or the date you found out about the work-related illness/injury or one year following the date the insurer or employer last paid for medical treatment or lost wages to submit a workers’ comp claim with the DWC; or else risk permanently losing your right to pursue any workers’ comp benefits.
Also, another time-based factor that may prevent you from getting workers’ comp benefits includes not notifying your employer about the injury within 30 days of suffering said work-related injury.
How Do You File a Workers’ Comp Claim in Florida?
Navigating the workers’ compensation claims process in Miami, Florida can be complicated. Our team at Work Injury Rights is here to guide you through all the steps.
Give an Account of the Illness/Injury to Your Employer
Florida law stipulates that you should report the incident to your employer within 30 days of the accident date or thirty days upon realizing the injury. Even though you have 30 days to report, it will be in your best interests to do it right away following the work mishap. Although you can notify your employer or supervisor via word of mouth, it’s best to send an email or a letter so that there’s a written record of the report.
Seek Medical Attention
It’s the responsibility of your employer or their insurer to give you a list of medical practitioners they have authorized. Consult these professionals because that’s the best way of establishing and proving how severe your injuries are. The medical assessment will play a significant role in bolstering your workers’ comp claim.
Employer Reports Your Claim
Upon reporting your injury to your employer, they should forward your claim to their insurer within seven days. If they fail, contact the insurer yourself. From there, the insurance provider will either authorize or decline to pay your workers’ comp benefits.
File a Workers’ Compensation Claim
If the insurance provider rejects your claim or if the compensable amount is unsatisfactory, you can file a ‘Petition for Benefits’ with the DWC following 2 years of the work-related injury or one year following the date the insurer or employer last paid for medical treatment or lost wages.
Get Help With the Workers’ Compensation Claims Process in Miami!
Here at Work Injury Rights, we are aware of how work-related injuries can be a financial burden. Our seasoned workers’ comp lawyers will traverse the legal proceedings on your behalf, file all the requisite paperwork, and make sure that deadlines are met.
So, reach out to us at 954-833-5226 for a FREE case assessment and learn how we can provide experienced legal aid with your workers’ compensation claim.