Miami Workers’ Compensation Attorney

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Miami Workers’ Compensation Attorneys

Have you or a loved one suffered a workplace injury that impacted your ability to earn a living? Many Miami families facing these types of situations find themselves faced with intense financial pressure to settle their workers’ comp claim quickly, often for far less than they deserve. If you’re not sure how you can make ends meet while you wait for the insurance company to fairly process your claim, we can help. The experienced attorneys at Kanner & Pintaluga will work hard to maximize your claim’s value.

Common Workplace Injuries

Why Should You Consider Hiring an Attorney for a Workers’ Compensation Case?

While filing a workers’ compensation claim may seem straightforward, the process can be complex, and insurance companies may attempt to minimize your benefits. An experienced workers’ compensation attorney understands the complicated legal landscape, the state’s workplace injury laws and the motivations of insurance companies. They will work hard to protect your rights and ensure you’re not taken advantage of by insurance companies.

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Workers’ Compensation vs. Personal Injury

Workers’ compensation and personal injury each have their own benefits, but people injured at work are not always able to pursue both. Unlike many personal injury cases, workers’ comp functions under a “no-fault” system, meaning you don’t have to prove anyone acted negligently to receive your benefits.

Workers’ comp laws are designed to protect both workers and employers by shielding job creators from potentially ruinous litigation and ensuring injured workers receive the compensation they need to recover.

However, there are scenarios where a third party shares the blame for your workplace injuries – such as a subcontractor, property owner or a driver who strikes you while you’re operating a work vehicle. In those scenarios, you may be able to file a personal injury claim against the at-fault third party to boost your compensation.

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Get a Free Consultation Today

Contact Kanner & Pintaluga for a free consultation. We would be happy to discuss your case and help you understand your chances for financial compensation.

Call 800.586.5555

Your Rights Under the Workers’ Compensation Act

Under Florida’s Workers’ Compensation Act, employees are entitled to receive a portion of their lost wages caused by eligible work-related injury or illness. If their disability is temporary, the amount of weekly benefits is 66.67 percent of their normal wage – capped at $971 per week – and can last up to 104 weeks. If they incur a permanent total disability, such as a severe spinal cord injury or amputation, they may be eligible to receive the same percentage every week without restrictions until they reach 75.

The amount of compensation and length of recurring payments vary based on factors like the type of permanent or partial disability and how it affects your ability to perform other types of work in the future.

Regardless of which type of injury you’ve sustained, workers’ compensation offers coverage for all medical bills and treatment related to a work-related accident, including hospitalization, doctor’s visits, medical tests, prescription drugs and physical therapy. The program may also reimburse you for vocational training and job placement services if your disability rendered you unable to continue your current duties.

The Workers’ Compensation Act bars employers from retaliating against employees for pursuing a workers’ compensation claim. If they threaten to terminate or demote you if you file a claim, your employer may be held liable in a lawsuit. The experienced trial attorneys at the Kanner & Pintaluga will aggressively protect your rights and are ready to go to court if necessary.

// WORKERS’ COMPENSATION FAQ’S

Frequently Asked Questions About Workers’ Compensation Cases

An employee (or their family) is eligible for workers’ compensation in Florida if they suffer an accidental injury or death arising out of work performed in the course and scope of employment. The state mandates that businesses with four or more employees (regardless of whether those workers have full-time, part-time or seasonal status) carry workers’ compensation insurance in preparation for such cases.

Construction companies operate under stricter regulations. Regardless of how many workers they employ, these companies must provide them with workers’ compensation coverage.

A popular myth is that undocumented workers in Miami aren’t eligible to receive workers’ compensation benefits. Although this is true in some states, Florida doesn’t require employees to provide proof of legal status to work. Any employee on a company’s payroll is entitled to workers’ comp so long as the company is required to carry the coverage.

Only a few employees in Florida don’t qualify for workers’ compensation: independent contractors, farm workers and domestic workers (e.g., housekeepers, nannies, etc.). Even so, there are some exemptions to the rule. For example, if a farm employs at least 12 seasonal workers or if an employer hires more than three regular domestic workers, they need to provide them with workers’ compensation benefits.

Some Miami employers may try to classify a worker as a freelancer to avoid providing them with workers’ compensation. If this is the case for you, Kanner & Pintaluga will pursue the benefits you’re entitled to on your behalf.

According to Florida Statutes § 440.20, Florida workers’ compensation income benefits do not begin until you miss eight days of work. You should receive your first check in no less than 21 days after reporting your injury.

We Fight for Injured Miami Workers

At Kanner & Pintaluga, we’ll thoroughly investigate your situation and act quickly to file your claim or pursue appeals if you’re facing a workers’ comp claim denial. Our Miami workplace injury lawyers will aggressively pursue the best possible outcome for your case so you can focus on your recovery without worrying about the costs. Call (800) 586-5555 and schedule a free case consultation today.

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Miami Location

Miami

5201 Blue Lagoon Drive, Suite 800
Miami, FL 33126

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 (800) 586-5555

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Hire a Miami Attorney Who’s Ready to Fight for Your Workers’ Comp Benefits

If you’re suffering from an injury or an illness you suffered at work, you deserve just compensation. Our dedicated team of workers' compensation attorneys is committed to helping you navigate the complexities of the legal landscape. We’ll fight aggressively and passionately to pursue the best outcome possible for your case.

Call 800.586.5555

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