Workers’ Compensation Lawyers for Injured Workers in Miami and the entire State of Florida
What Can You Recover in a Florida Workers’ Compensation Lawsuit?
In Florida, your Workers’ Compensation benefits may include:
- Medical expenses (doctor and hospital bills, rehabilitation costs, medications, etc.)
- Temporary disability benefits (compensation for lost wages while away from work)
- Permanent disability benefits (lost wages and relevant living expenses caused by your inability to return to work after an injury)
- Death benefits (paid to particular family members after an employee is killed in a job-related incident)
It’s important to note that the following generally are not available in Workers’ Compensation claims:
- Pain and suffering
- Emotional distress
- Punitive damages
- Other forms of personal injury compensation that are not specifically provided for under the Workers’ Compensation rules
Going Outside the Florida Workers’ Compensation System (under certain circumstances)
In many cases, you are able to take additional action against third parties. In other words, beyond merely filing a claim against your employer’s insurance carrier, if other parties were negligent and contributed to your accident, you may be able to file suit against those third parties and recover additional compensation for you that would not be subject to the limitations of the workers’ compensation system.
Since these third-party lawsuits often fall outside of the Florida workers’ compensation system, you may be able to pursue the full range of damages that available in personal injury lawsuits, including damages for pain and suffering. Often, clients can recover more in these third-party lawsuits than through the workers’ compensation claim by itself.
Third-party defendants might include:
- Vehicle drivers
- State or local governments
- Property owners
- Contractors / sub-contractors
- Equipment manufacturers
- The medical personnel who treat your work-related injuries
- Any other party whose negligence contributes to your injuries
Orlando R. Murillo, P.A. can thoroughly investigate your injury and identify every available source of compensation in your case.
You Don’t Pay Unless You Win. Schedule a Free Consultation Today.
If you’ve been injured in the course of your job duties, our office can help. We will not charge for our services unless you obtain a monetary recovery. Time limits apply, though, so you should contact our office and schedule a free consultation as soon as you can. We’re here to assist you!
Common Reasons Why Worker’s Compensation Claims Get Denied in Miami
There are many reasons why a Worker’s Compensation claim might be denied. What are some reasons for this? Below are some situations where this could occur:
- The Injury or Illness Wasn’t Reported in the Timeframe Required. If you failed to report your injury or illness to your employer within the time frame required, you can lose access to Worker’s Compensation benefits. According to the Florida Division of Worker’s Compensation, in most situations, workers have 30 days report workplace accidents. However, if your claim was denied because your employer delayed in reporting or filing a claim, or if your claim was denied because your employer wrongfully denied you had access to worker’s compensation, you may have the right to appeal a denied claim. Furthermore, if you developed an illness related to workplace duties, you may also have a longer period of time from the discovery of your illness to report your workplace-related illness. Orlando R. Murillo is a worker’s compensation attorney in Miami, Florida who may be able to review your case and fight for your rights if you are having difficulty with your Worker’s Compensation claim due to missed deadlines.
- No One Saw the Accident. Insurance companies will want to see proof that the accident occurred on the job. If there were no witnesses to your accident, you could face challenges to your claim. Orlando R. Murillo, P.A. is a worker’s compensation lawyer in Miami, Florida who may be able to assist you with documenting your accident and seeking the claim you may deserve under the law.
- Employment Status Disputes. Not all employers and employees are covered under Worker’s Compensation. For example, if your employer classified you as an independent contractor, you may not be covered under Worker’s Compensation. Some types of workers and employers are exempt from having to provide Worker’s Compensation coverage. However, if your employer claims that you are not covered, it is important to make sure that this information is accurate because you can lose out on hundreds or thousands of dollars of medical expenses coverage. Orlando R. Murillo, P.A. is a Worker’s Compensation law firm in Miami, Florida that can review your employment situation and help you understand your rights and Worker’s Compensation coverage. If you are not covered under Worker’s Compensation through your employer, you may have other options, including lawsuits and personal injury claims.
- Location of Injury is Disputed. If your employer claims that your injury didn’t occur on the job, or if your employer claims that your injury was not the result of workplace duties, you could face a denied claim. Sometimes Worker’s Compensation insurance may deny occupational illness claims because proving that a certain condition, like back pain or cancer, can be difficult to link to your worksite. However, if there are known hazards to your job, you may be entitled to seek a settlement through Worker’s Compensation. These kinds of claims can sometimes be complex. This is where having a Miami, Florida Worker’s Compensation law firm like Orlando R. Murillo, P.A. on your side can help.
- Failing to Seek Medical Care. It is important that you seek medical attention after you have been hurt on the job. If you fail to do so, your claim can be denied. It is also essential that you follow up with your doctor, take your medicine, and attend any prescribed rehabilitation appointments. You may be entitled to receive reimbursement for money spent to get to and from these appointments.
- Claim was Filed After You Were Fired or Laid Off. If your claim was filed only after you were fired or laid off, you may need to explain to the insurance adjusters why this was the case. If you believe you were fired or laid off by your employer to prevent you from making a Worker’s Compensation claim, this could also complicate your claim. Contact the Worker’s Compensation lawyers at Orlando R. Murillo, P.A. in Miami, Florida today for assistance.
- Documentation Issues. Sometimes Worker’s Compensation claims are denied because there isn’t adequate documentation to support the claim. Orlando R. Murillo is a Miami, Florida Worker’s Compensation lawyer who can review your claim and help you provide the most accurate documentation possible to help you get the settlement you may deserve.
These are just some reasons why Worker’s Compensation claims might be denied in Florida. If you are having difficulty with a Worker’s Compensation claim in Miami, Florida, consider reaching out to Orlando R. Murillo, P.A. Our attorneys can review your case, gather evidence for your appeal, and fight a denied claim, when appropriate. Contact our firm today to learn more about your options and rights under the law.