The cause of a workplace accident is not always clearly defined, and often there are diametrically opposed opinions between the victim and the employer about what actually happened and who is at fault. If you have been injured in Miami at your workplace, our best advice is to contact a local workers’ compensation lawyer right away!
Do not wait to see if your injury gets worse over time, or if your medical bills become substantial, or if you will be out of work for a period of time as a result of your injury. A local lawyer specializing in workers’ comp cases will be the most knowledgeable about the specific workers’ compensation rights you are entitled to and will be positioned to best defend those rights and negotiate for you.
What is workers’ compensation?
Workers’ compensation, also called workers’ comp, is coverage purchased by an employer which provides benefits for an employee injured at work. It also protects the employer by covering legal costs in the event an employee pursues a lawsuit as a result of workplace injury. The entire cost of workers’ comp insurance is paid by the employer, and none of the costs may be passed on to the employee. Before workers’ comp, an injured employee could only receive compensation by filing a lawsuit.
Where did the idea of workers’ comp come from?
The advent of the Industrial Revolution and the introduction of new and complicated machinery in places of work made it clear that the workplace was getting more dangerous, and safeguards needed to be put in place for both employers and employees. In Europe, Chancellor Otto von Bismarck of Prussia is credited with introducing the first modern system of workers’ comp with the passage of the Prussian Workers Accident Insurance in 1884. It took almost three decades for this idea to become a reality in the United States. In 1911, Wisconsin was the first state to pass a comprehensive workers’ comp law. The various workers’ compensation laws in all 50 states are loosely based on Bismarck’s Prussian model.
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What type of benefits does workers’ comp provide?
Most employers conducting work in the State of Florida are required to provide workers’ comp insurance for their employees. Different types of industry and the size of the employee force determine what coverage is required by the employer. All workers’ comp benefits include:
- Money to cover medical bills
- Money to replace lost wages if the injured employee loses time from work
- Disability benefits (for partial and full disability, including short-term and long-term disability)
- Death benefit (paying for the funeral of an employee who dies as a result of the injury suffered at work)
Note that workers’ comp does not provide benefits for pain and suffering. A personal injury lawsuit would have to be filed in order to get any compensation for pain and suffering. However, even if you are collecting workers’ comp benefits, you are still allowed to file a personal injury lawsuit against a thir party who was at-fault. An attorney can advise you on the best course of action.
What are the most common types of workers’ comp injuries?
According to SafetyNow ILT!, the largest eLearning management site for compliant safety training and meeting resources, the most frequent causes of workplace injuries are:
- Material handling/contact with objects and equipment (injuries include sprains, strains, and tears (32% of total claims)
- Slips, trips, and falls (16%)
- Being struck by or colliding with an object (10%)
- Accidents involving tools (7%)
- Traumas occurring over time (trauma from non-impact and impact repetitive motions, over-exertion) (4%)
Who is responsible for a workplace injury?
It is not always clear who is responsible for a workplace injury. This is often a tricky area, and is one of the reasons it is so important to contact a workers’ comp attorney as soon as possible after your injury.
What are the next steps if you are injured in your workplace?
Seek immediate medical attention. If the injury is severe or life-threatening, have someone call 9-1-1 for an ambulance to transport you to a hospital. Have the attending physicians or paramedics document your injury. Get in touch with a lawyer specializing in workers’ comp cases.
Why should I contact a Miami workers’ comp lawyer?
It is always advantageous to hire a lawyer who is local and will be most knowledgeable about state and local workers’ comp statutes. We even offer free consultations and will look at the circumstances of your injury and the injury documentation to determine your best course of action and if you have a valid workers’ comp claim. Once you hire a lawyer, they will walk you through the complicated process necessary for a successful resolution of your claim and will be readily available to explain anything you do not understand.
Unlike insurance companies, your lawyer is there to protect YOUR best interests. Your lawyer will explain the requirements for filing a workers’ comp claim in the State of Florida, help you file an official notice of your injury to get the process started and ensure you have the appropriate medical documentation necessary to support your claim.
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