Workplace Accidents Protecting Your Rights Throughout Florida

Workplace Accident Lawyer in Miami

In Florida, employees expect their workplaces to be safe, secure, and supportive. They do not expect to get hurt at work, but if a workplace accident does happen, they expect to receive fair compensation and benefits for medical expenses, lost wages, and disability.

However, workers’ compensation laws often protect the rights of the employer over the employee. The process for obtaining proper compensation for workplace accidents in Miami can be lengthy and complicated. If denied the compensation he or she needs to recover, an injured employee needs to file a personal injury lawsuit against the employer or a third-party.

Our skilled Miami attorneys have extensive experience in settling workplace accident lawsuits ranging from slip and fall accidents to electrocutions. We have not lost a case since the firm’s foundation. Our focus in personal injury and wrongful death law allows us to easily determine the optimal paths to maximum compensation.

Request your initial consultation by calling (305) 638-4143 or filling out our online form today!

Workers’ Compensation Laws in Florida

Florida Statutes Chapter 440 defines workers’ compensation laws that entitle an employee to a certain set of rights if he or she receives injuries while at work. Certain workers are exempt from these benefits, including independent contractors, business owners, and volunteers.

The state of Florida requires most employers to provide workers compensation insurance to their employees. The benefits from this insurance are a form of wage replacement, used if the employee’s injuries are so severe that he or she is unable to work. An employee does not have to prove that his or her employer was at fault for his or her injuries, only that the injury occurred while he or she was at work.

The maximum weekly compensation an employee can receive is $917. Additional benefits are available based on the level of disability the employee sustains, including:

  • Temporary total disability benefits: Equal to 66.67% of average weekly wages up; to 80% for critical injuries.
  • Temporary partial disability benefits: 80% of the difference between 80% of an employee’s wages pre-injury and an employee’s wages post-injury.
  • Impairment benefits: Determined by the impairment rating.

An employee can also choose to settle a workers’ compensation claim to receive a lump sum of funds, which may be useful to pay off medical bills and other expenses. An employee can settle a claim with a lawyer at any time. If the employee does not have a lawyer, he or she can settle a claim if a doctor believes he or she has improved as much as possible.

However, after settling a claim, an employee can no longer receive workers’ compensation benefits for the injury in question, even if the injury worsens.

Who Is Liable?

Workers’ compensation claims and settlements in Miami do not require an employee to prove that the employer is liable for the injury, and employees can receive benefits even if they are liable for the injuries. Workers’ compensation settlements and claims are different processes from filing a lawsuit against an employer. If an employee wishes to file a personal injury lawsuit, he or she will need to prove that his or her employer is liable for the injury.

Why Do You Need a Lawyer?

Settling a Miami workers’ compensation claim with a lawyer has fewer limitations than if an employee chooses to settle without a lawyer. In addition, the employee would not need to attend a hearing as his or her lawyer will attend the proceedings, instead.

If an employee is filing a personal injury lawsuit, a lawyer would help facilitate the litigation process. An employee can file a personal injury lawsuit for many reasons, including wrongful termination or suing a third-party that may have caused the injury or accident, including manufacturers of heavy machinery.

Like all personal injury lawsuits, the employee will have to prove that the employer acted in negligence and that negligence led to the injury. The final settlement will be subject to the Florida statute 768.81 pure comparative negligence rule, which will examine if the employee is at fault for a percentage of the injury and will deduct any percentage from the compensation amount.

These laws are complicated and require sophisticated legal training to understand. At Flanagan P.A. Personal Injury and Wrongful Death Law Firm, our attorneys will identify the optimal path to maximum compensation.

Contact us today at (305) 638-4143 to schedule your free consultation at our offices in Miami, your home, or your hospital room.

Flanagan & BodenheimeR

When It CountsTM
  • When It Counts™

    An injury can turn your life upside down. When it matters most to you, it matters most to us. Trust our team of dedicated attorneys to effectively and efficiently advocate on your behalf.

  • Dedicated Counsel

    Our skilled attorneys take the time to meet with you one on one to understand your case and your goals. Unlike others we don't just care about your compensation, we care about your recovery.

  • Transparency Throughout

    Our team understands that you are going through something difficult and we have made it our mission to walk alongside you and provide you with all of your legal options.

  • Innovative Strategies

    When you work with our team, you have a dedicated group of attorneys all motivated to help you win. At our firm we believe each case is unique, and thus deserves a unique legal plan.

    From day one, Zachary worked my case with diligence, professionalism & compassion.

    “When faced with the repercussions of a personal injury, choosing the right lawyer for the work ahead is absolutely imperative. When this daunting task fell upon me following a motor vehicle accident, ...”

    - Josh N.
    It is because of your help that I am in a better position now than I was before.

    “I felt always that you had my best interests at heart and looked out for me. Thank you team you have changed my life and I think of you with gratitude.”

    - A.S.
    I cannot recommend them enough!

    “They have been attentive, knowledgeable, and personally invested in our case. Having them on our side has put us at ease in this very difficult time. Thank you guys so much!”

    - David G.
    He will definitely fight for your cause.

    “Mike is an incredible attorney and is very knowledgeable, hard-working, and caring. He will definitely fight for your cause and will keep you in the loop while doing so!”

    - Esther A.
    He took the reins and made everything so easy for me.

    “As a personal injury lawyer, he is one of the most intelligent, caring, and committed professionals I have ever had the pleasure of working with. Zach personally guided me every step of the way, through insurance companies, doctors, etc.”

    - Lisa C.

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Frequently Asked Questions

  • Q:Is it worth getting a workplace injury lawyer?

    A:Not all injuries that happened at work will necessitate hiring a lawyer. Most of the time, workers’ compensation will cover your needs. This is especially true if your accident will not result in permanent injury, you don’t need to take a long time off of work, you won’t require extensive medical treatment, and/or your injuries are clearly work related. However, you may want to start considering a lawyer if your claim is denied, you are being denied for permanent disability, or if the insurance company is not settling or trying to settle for a low amount. Of course, there are other circumstances in which you would benefit from representation by an attorney. That is why it’s a good idea to just get on the phone or chat online with a lawyer who can help. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we’re always ready to help!