Workers of all types are injured every day in the course of performing their jobs. Whether you work in a factory, restaurant, office, or construction sites, an injury at work can significantly impact your life. After severe harm on the job, workers may be unable to continue to do their job.
Most accidents, unintentional injuries, diseases, illnesses, and deaths occurring in the workplace are covered by workers’ compensation laws. Importantly, because workers’ compensation is a no-fault system, workers are not required to prove fault for their injuries to recover benefits.
Fortunately, state law requires almost every employer to purchase a workers’ compensation insurance policy. These policies are intended to cover the cost of necessary medical care and income reimbursement for a time kept off the job due to an injury sustained while on the clock. Despite these ubiquitous policies, obtaining a proper compensation benefits package is often a difficult task. Insurance companies may dispute the cause of an injury or not believe it to be as serious as it is.
A Miami workers’ compensation lawyer could help injured workers collect the benefits they deserve and the compensation they need. An experienced personal injury lawyer could investigate the cause of injury, evaluate the insurance company’s reasons for issuing a denial, and help guide you through the appeals processes necessary to bring you justice.
Workers’ compensation insurance is a kind of workplace safety net that allows employees to work without constant worries about bodily injury or their ability to provide for loved ones in the event of an injury at work. According to Florida Statute §440.055, with some exceptions, in Florida employers who have four or more employees, and construction companies with even just one employee, must provide workers’ compensation coverage for their employees.
Workers’ compensation insurance plans usually provide a variety of benefits to injured workers, which include:
However, as prominent as these benefits may be, they are only available if the injury is work-related. Under Florida Statute §440.09(1), workers’ compensation benefits follow as the result of an accidental compensable injury or death arising out of work performed in the course and scope of employment. In simpler terms, workers’ compensation only applies if the injury occurs while on the job and performing essential work related duties.
Disputes over whether an injury is work-related is a common reason for a denial of benefits. An insurance company could argue that the worker was engaged in horseplay or suffered an injury while on break. They might also argue that the injury is not connected to performing essential work related duties of the job. A Miami workers’ compensation lawyer could provide more information about the legal requirements to file a workers’ compensation claim and common reasons for insurance company denials.
While it is true that injuries are far more common in jobs that involve construction, factory work, or manual labor, state workers’ compensation laws cover employees in every type of workplace. As a result, a workers’ compensation injury can involve almost any sort of harm.
Even an employee in an office or shop may suffer an injured back while moving boxes, slipping down stairs, or falling on a wet floor. Some common injuries seen in workers’ compensation claims include:
Back injuries related to herniated or degenerated disks
Broken bones from slips and falls or falling objects
Burns from chemicals or fire
Traumatic brain injuries
Occupational diseases from exposure to toxic chemicals
A Miami workers’ compensation lawyer could help to evaluate a workers’ injuries and prove they were sustained while performing their job duties.
Almost every employer in Miami must provide workers’ compensation insurance benefits to their employees. A Miami workers’ compensation attorney could help pursue an appeal following a denial of coverage. Contact a Miami workers’ compensation attorney today to schedule an appointment.