Miami Beach Worker's Compensation
Workers are the backbone of our country, our society, our city. We all work hard for our earnings, don’t we? When we go in to work each day, we expect to do our jobs to the best of our abilities, to earn a decent living wage and to come home safe and sound. But what happens when that last part doesn’t happen? What happens when we’re injured on the job? If you are injured on the job, you should know that you’re entitled to worker's compensation – or, as dictionary.com puts it, “payments required by law to be made to an employee who is injured or disabled in connection with work.”
Technically, worker’s compensation is a state-mandated insurance program. Through this program, workers who have been injured on the job may be entitled to compensation for their medical bills, lost wages and other benefits. Worker’s compensation applies regardless of who is at fault – the employer, employee, co-worker, customer, etc. Once an employee accepts worker’s compensation, they may give up the right to sue the employer. That’s what makes this a complicated matter. Worker’s compensation was originally created to protect both the employee and the employer. The employee receives benefits for their injuries, including medical expenses, and for partial loss of wages, while the employer generally receives immunity from other legal actions. Many times the employee is not fully compensated by the employer or its insurance carrier. Even though they may receive benefits through the program, our firm can help the employee obtain all benefits to which he or she is entitled.What injuries does worker's compensation cover?
Generally speaking, worker's compensation applies to all injuries, no matter who is at fault. Injuries, both physical and mental, can be covered. Evaluations by specialists in the field of your injury can be obtained.Are all employers required to have worker's compensation?
Laws regarding worker's compensation vary state by state. Here in Florida, all employers with at least four employees are mandated to provide worker's compensation insurance. Also, employees must report their injuries to their employer within 30 days of the accident. The employer, in return, must report the injury within seven days after being told.Can employers be sued over work-related injuries?
It is the responsibility of every employer to provide a safe working environment for all its employees. All too often this is not the case. Some employers are negligent and do not take the proper precautions to ensure the safety of their workers. When this negligence occurs, hard-working persons are injured and sometimes are no longer able to perform their duties on the job. Sometimes they’re not only unable to earn a wage because of their injuries, but they’re also unable to live their normal lives. They may not be able to drive their kids to school, to do work around the home or to perform other ordinary tasks. Depending on the facts of your case, you may be able to pursue both a worker’s compensation claim and a second claim against your employer in a court of law. In these cases, employees may receive higher benefits than they would have received had they gone through only worker's compensation. Damages such as pain and suffering, mental anguish and punitive damages against the employer are not covered by worker's compensation but are covered in other personal injury or wrongful death actions. In addition, there may be other individuals or companies, aside from your employer, who may be responsible for your injuries such as negligent drivers, manufacturers and suppliers of machinery, and property management companies. We can file those claims on your behalf as well.
It’s important that injured employees fully understand their rights and are aware of what’s best for their individual cases. The attorneys at Friedman Rodman Frank & Estrada, P.A. are experienced lawyers who know local and state laws and are able to file claims and assist you in order to get all the benefits you rightfully deserve. When you’ve been injured on the job, it’s stressful enough – let us take the reins and fight your case for you. Remember, we’re here for you with offices in Miami Beach and other convenient locations! Contact us online or call us immediately at (305) 448-8585 or toll free at (877) 448-8585 so we can assist you.