Miami Personal Injury Lawyer Blog
Workplace accidents happen all the time, and some incidents are so severe that they result in serious injuries to employees. The Florida Division of Workers’ Compensation (FL DWC) reports that injury-causing accidents are common, totaling around 60,400 cases per year. If you suffered injuries due to a workplace accident, you may already know that the path to recovery can be stressful. Not only are you in physical pain, but you are also incurring medical bills and other losses when you are unable to work.
You might be unsure if your injuries qualify for a claim under state workers’ comp laws, and the legal can also seem daunting. It is important to trust a Miami workplace accident attorney to assist with filing a claim and obtaining the benefits you deserve. Plus, some information will help you understand the key factors to determine if you have a potential workplace injury claim in Florida.
You are a Covered Employee. Florida’s workers’ compensation system covers most employees in the state, including full-time, part-time, and temporary workers. There are some exceptions, such as independent contractors, railroad workers, and certain government employees. Special rules also apply to construction workers.
Your injuries occurred in a workplace accident. For a workers’ comp claim to be valid, your injuries must have resulted from an accident that happened while you were performing your job duties. This includes accidents on company property during working hours, as well as work-related errands or travel related to your job. In addition, repetitive stress injuries caused by prolonged work activities can serve as the basis for a workers’ compensation claim.
You are not able to perform job-related tasks. The severity of your injury plays a role. If your injuries prevent you from performing your regular work duties, either temporarily or permanently, you might have a claim. This includes limitations on lifting, operating machinery, or any other essential function of your job.
Your employer already filed a claim. In most cases, your employer is responsible for reporting your workplace accident to their workers’ comp insurance company. It is still wise to report the injury yourself as soon as possible, thereby creating a documented record of the incident and ensuring a timely claim process.
What to Do if You Were Hurt. If you believe you have a workplace injury claim in Florida based upon the descriptions above, you should follow a few To-Dos:
- Get immediate medical attention for your injuries.
- Inform your supervisor or HR department about the accident as soon as possible, regardless of whether your employer already filed a claim.
- Collect any documentation related to the accident, including witness statements, incident reports, and photos.
Your Miami Workplace Accident Lawyer Will Advise You
Ultimately, it is important to consult with an experienced attorney to determine whether you have a workplace injury claim in Florida. At Gerson & Schwartz, PA, our team is well-versed in the complexities of workplace injury claims in Florida. We offer a free consultation; please call (305) 371-6000 or visit our website to speak with one of our Miami workplace accident attorneys.
