What qualifies me for workers' compensation in Miami?

To qualify for workers' compensation insurance benefits in Miami, your injury or illness must be directly related to your work activities or the environment in which you work. This includes injuries sustained while performing job duties or illnesses developed due to exposure to harmful conditions at work. Both physical and psychological injuries may be covered, and it's important to prove the work-related nature of these issues through proper documentation and evidence.

How long do I have to file a workers' compensation claim in Miami?

In Florida, you are required to report an injury to your employer within 30 days of discovering it. Following this notification, a formal workers' compensation claim must be filed within two years of the injury date. It’s crucial to adhere to these timelines to avoid losing your right to claim benefits.

What if my employer doesn’t have workers' compensation insurance?

If your employer in Miami does not carry workers' compensation insurance, they may be violating Florida law, which mandates coverage for almost all employers. In such cases, you might still pursue compensation through civil litigation or a state fund set up to protect workers under these circumstances. Consulting with a knowledgeable Miami workers' compensation lawyer can provide options based on your specific situation.

Can I see my own doctor for a workers' compensation claim?

Under Florida law, the employer’s insurance provider generally has the authority to choose the healthcare provider you must visit for a workers' compensation claim. However, exceptions exist for emergency situations where immediate medical care is required. You may also have the right to request a change of doctor at least once during the course of treatment.

What should I do if my workers' compensation claim is denied?

If your claim is denied, it’s essential to consult with a Miami workers' compensation lawyer promptly to discuss the possibility of appealing this decision. A seasoned workers comp attorney in Miami, FL, can help you understand the reasons for the claim denial, gather the necessary evidence and documentation, and file an appeal. The appeal process might involve mediation, hearings, or even a trial to contest the denial and seek a favorable resolution. By entrusting your case to Orlando R. Murillo, P.A., you gain a partner who understands the impact of a workplace injury on your life and fights tirelessly to ensure you are fairly compensated. Let us handle the legal burdens while you focus on your recovery.

Miami Workers' Compensation Lawyer | Workers Comp Attorney Miami, FL

Workers Comp Attorney in Miami, FL Providing Comprehensive Legal Support in Miami-Dade County, Broward County, Palm Beach County, and Throughout Florida

When workplace injuries disrupt your life and finances, knowing your rights and securing competent legal representation are crucial. At Orlando R. Murillo, P.A., navigating the nuances of complex workers' compensation claims in Miami is our priority. Our dedicated team, led by seasoned Miami workers' compensation lawyer Orlando R. Murillo, is committed to advocating for the rights of injured workers. We pursue the compensation you deserve, focusing on personalized legal strategies tailored to each client's unique situation.

Understanding Workers' Compensation

Workers' compensation is a mandatory insurance program that provides compensation to employees who suffer job-related injuries and illnesses. In Miami, as throughout Florida, this program allows employees to receive benefits regardless of who was at fault for the injury. The key benefits include medical expenses, lost wages, and rehabilitation costs.

Common injuries covered under workers’ compensation insurance in Florida include:

Repetitive stress injuries: Injuries that occur from repeated motions performed in the course of normal work activities, such as carpal tunnel syndrome from continuous typing or assembly line work and tendonitis from repeated lifting or equipment use
Occupational illnesses: Diseases primarily caused by exposure to harmful substances or environments in the workplace, such as asbestosis from asbestos exposure, respiratory diseases from inhaling dust or chemical fumes, and skin conditions like dermatitis caused by contact with irritants
Traumatic physical injuries: Injuries like broken bones, burns, and head injuries that result suddenly from incidents or accidents at work, such as falls, equipment malfunctions, or vehicle collisions
Mental health issues stemming from work conditions: Psychological conditions workers develop due to the nature of their work or work environment, such as stress-related disorders like anxiety and depression or post-traumatic stress disorder (PTSD) following a traumatic event at work

Understanding your rights under Florida’s workers' compensation laws can mean the difference between recovering with the peace of mind of knowing your medical expenses are covered and struggling with financial burdens.

How Orlando R. Murillo, P.A. Can Help You

Navigating workers' compensation claims can be challenging, but with a skilled workers comp attorney in Miami, FL, by your side, the process becomes more manageable. Here’s how we assist our clients:

Claim filing: We guide you through the initial filing process, ensuring all paperwork is completed accurately to avoid delays.
Negotiating with insurers: Our legal team aggressively negotiates with insurance companies to secure all the benefits you're entitled to.
Providing legal representation at hearings: If your claim goes to a hearing, we represent you throughout the proceedings, advocating for your rights.

Our Miami workers' compensation lawyer provides knowledgeable assistance with all elements of complex claims, including:

Claim deadlines: Timeliness is critical in workers' compensation cases because there are specific deadlines by which you must notify your employer about an injury and file a claim. Missing these deadlines can jeopardize your ability to receive benefits. We keep track of all critical deadlines to ensure your claim is timely.
Denied claims: Claims can be denied for various reasons, including disputes over whether the injury is work-related or if the claim was filed late. Fortunately, legal professionals can assist in appealing these decisions by gathering additional evidence, organizing medical records, and preparing for hearings. We routinely help appeal denied claims, aiming for a reversal of the decision.
Reopening a claim: If an injury worsens or recurs, it may be necessary to reopen a claim to seek additional benefits. This process involves proving the change in your condition and potentially undergoing further medical evaluations to document the need for additional compensation.
Third-party claims: When someone other than your employer (a third party) is responsible for your injury, you may have the right to file a claim against that party. Examples include equipment manufacturers or another driver in a work-related car accident. By pursuing additional claims against any third parties who may be partially responsible for your injury, we may be able to recover compensation beyond what is available through workers' comp.
Dealing with insurance companies: Insurance companies often aim to minimize payouts. Our experienced workers' comp attorney in Miami, FL, can counter these tactics by negotiating assertively to secure compensation that fully reflects the extent of the losses and injuries you incurred.

Workers’ comp insurance covers a variety of benefits in Florida. The types of benefits a Miami workers' compensation lawyer at Orlando R. Murillo, P.A. can advocate for include:

Medical benefits: Coverage for all medical expenses related to your workplace injury.
Death benefits: Compensation for families in the tragic event of a work-related death.
Temporary disability: Benefits for those temporarily unable to work.
Permanent disability: Benefits for those who cannot return to work permanently.

Choose Orlando R. Murillo, P.A. as Your Miami Workers' Compensation Lawyer

Do not attempt to navigate your workers' compensation claim alone. Contact Orlando R. Murillo, P.A., and let a professional guide you through the process. Schedule a consultation today by using our easy-to-use contact form or by calling us directly at 786-891-5842 . Your first consultation is free, offering a risk-free way to understand your options.

Miami Workers' Compensation Lawyer