What should I do if my claim is denied?

If your workers' compensation claim is denied, your first step should be to immediately review the denial notice for the specific reasons given. Next, you should speak with an experienced workers' compensation attorney like Orlando R. Murillo, P.A. A knowledgeable Miami workers' compensation insurance lawyer can assess the validity of the denial and help you prepare and file an appeal. Appealing a workers’ comp claim denial might require steps like gathering additional evidence, securing expert medical testimony, and representing you in hearings to challenge the denial effectively. It’s crucial to act swiftly when your claim has been denied, so don’t wait to get in touch with an attorney. Orlando R. Murillo, P.A. offers options to get in touch with a legal representative 24/7.

Can I receive workers' comp if I was at fault for the accident?

Yes, you can receive workers' compensation in Florida even if you were at fault for the accident. The state's workers' compensation system operates on a no-fault basis, meaning benefits are paid regardless of who caused the job-related injury. This system is designed to ensure that all injured workers in Florida have access to the medical care they need and a portion of their wages without the need for lengthy and costly litigation over the cause of the accident.

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

In Florida, you are required to report the injury to your employer within 30 days of getting hurt or within 30 days of discovering the injury was work-related. Following this notification, the formal claim for workers' compensation benefits has to be filed within two years of the injury date. Adhering to these timelines is crucial to maintain your eligibility for compensation. It’s advisable to initiate the process as early as possible to avoid delays and complications.

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

Workers Comp Insurance Liability Attorney in Miami, FL. Addressing Your Concerns in Miami-Dade County, Broward County, Palm Beach County, and Throughout Florida

Understanding how to find your way through the complexities of the workers' compensation insurance system is crucial when you have been injured on the job in Miami. This means that interactions with the insurance company that provides workers’ compensation benefits are necessary. At Orlando R. Murillo, P.A., we guide clients through the challenges so they can receive the compensation they deserve. Orlando Murillo’s extensive experience as a Miami workers' compensation insurance lawyer positions our firm as your trusted advocate in these legal matters.

Understanding Your Rights Under the Florida Legal Workers’ Comp System

Workers' compensation laws in Florida are intended to provide financial and medical benefits to injured workers no matter who was at fault for the injury. As a worker, you are entitled to benefits that cover medical expenses, lost wages, and rehabilitation costs.

Here’s what you can expect from worker’s compensation benefits:

Medical benefits: Full coverage for all of your medical expenses resulting from the work injury, including hospital stays, medications, and rehabilitation.
Disability benefits: Compensation for wages lost if you are unable to work due to your injury, generally amounting to approximately two-thirds of your average weekly wage (although this amount may be subject to a state-defined maximum and may vary depending on whether the disability is temporary total, temporary partial, or permanent).
Death benefits: Financial assistance, including compensation for funeral expenses and loss of income, to the dependents of a worker who dies as a result of a job-related injury.

The workers’ comp company is not doing a favor for you by providing these benefits. You’re entitled to them under the law, even if you were at fault for your injuries. Yet the insurance company may make getting the benefits you deserve more challenging than it needs to be. When that happens, you can turn to a knowledgeable workers comp insurance liability attorney in Miami, FL, to help you move forward with your claim.

Challenges Injured Workers Face When Dealing With Insurance Companies

The need to deal with the insurance company can be one of the most daunting aspects of filing a workers' compensation claim.

The Insurance Company Is Not on Your Side in a Workers’ Comp Claim

In Florida, while workers' compensation insurance is intended to cover injured workers without the need for litigation, the insurance company's primary role is to manage these claims cost-effectively. This means that while the insurer does provide necessary compensation for injuries and lost wages as dictated by law, it is also motivated to minimize costs.

The insurer’s focus on cutting costs can sometimes result in disputes over the extent of benefits provided. As a result, many workers end up needing to seek legal representation from a workers comp insurance liability attorney in Miami, FL, to advocate on their behalf and ensure fair treatment.

Tactics Insurers Use to Minimize Workers’ Compensation Payouts

Insurance providers often have extensive resources dedicated to minimizing their payouts. Common tactics workers’ compensation insurers employ include:

Delayed responses: Insurers may delay handling claims to pressure claimants into accepting lower settlements rather than risking a lengthy back-and-forth negotiation that would make it take even longer to actually see the benefits they’re entitled to.
Denial of claims: Insurers often deny claims on weak grounds. Doing so requires workers to appeal, which is a complex and frustrating process. If injured workers give up on a denied claim without an appeal, the insurance company gets to keep for itself the compensation the worker deserves.
Surveillance: Some insurers conduct surveillance, following injured workers to find evidence that can be used to deny the claim. This invasion of your privacy can affect the outcome of your case, even if you’re being completely honest about your injuries, because the insurer may twist the truth to make innocent actions appear to contradict your claim.
Underestimation of injuries: Insurers may downplay the severity of injuries to reduce payouts. Understating the severity of your injuries may involve questioning the extent of the injury reported by the worker or challenging medical evaluations that support the worker's claim for higher benefits. This can lead to denied claims for necessary medical treatments and support as well as less compensation for lost wages.

These efforts could reduce the compensation you receive, but don’t lose hope. With a workers comp insurance liability attorney in Miami, FL, advocating for you, it’s possible to fight back against unfair practices and pursue the full amount of benefits you’re entitled to.

How an Experienced Miami Workers' Compensation Insurance Lawyer Deals With Insurance Companies

A seasoned workers comp insurance liability attorney in Miami, FL, can use several strategies to respond to insurance companies’ tactics, including:

Documenting evidence: Your Miami workers' compensation insurance lawyer will ensure all medical records and evidence of injury are thoroughly documented and collected to counteract any underestimation of injuries.
Appealing denials: If your claim has been denied, you can turn to an attorney to navigate the appeals process for you by preparing detailed arguments against insurers' reasons for denial.
Monitoring insurer actions: Your workers’ comp insurance liability attorney in Miami, FL, can remain vigilant against tactics like surveillance and delayed responses, advising you on how to legally manage surveillance and pushing for timely insurer action.
Negotiating Settlements: Experienced attorneys know how to negotiate with insurers to secure fair compensation for all entitled benefits, leveraging their understanding of workers' compensation laws to challenge any discrepancies or unfair assessments by the insurance company.

Using these methods, your Miami workers' compensation insurance lawyer can pursue the compensation you are legally entitled to as an injured worker despite insurance companies' attempts to minimize their claims.

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

Attorney Orlando R. Murillo has a strong track record of dealing with tough insurance companies in workers' compensation cases. Here’s how we can help:

Personalized legal representation: We know that each workers’ compensation case is unique. That’s why we develop a personalized legal strategy specifically tailored to your situation.
Negotiating with insurers: We use our skills to negotiate fair settlements that cover all your entitled benefits.
Legal advocacy: If your claim goes to court, we are ready to advocate vigorously for you.

Why should you choose Orlando R. Murillo, P.A. for your workers' compensation claim? We bring to each claim deep experience and committed advocacy in workers' compensation law. Through the personalized attention and dedicated legal representation we provide, we ensure that each client's unique needs and circumstances are addressed. As we deal with the insurance company on your behalf, our focus is on securing the maximum benefits and compensation for you. This dedicated approach helps ensure that you receive the support and legal assistance you need throughout the claims process.

Steps to Take When Filing a Claim

Filing a workers' compensation claim is a multi-step process. Taking these actions can ensure your claim is effectively processed:

Report the work-related injury: Inform your employer about the injury immediately.
Seek medical help: Get medical treatment and ensure all injuries are documented.
File a claim: Submit the required documents to begin your claim process.
Consult an attorney: Contact a Miami workers' compensation insurance lawyer early to get proper guidance.

An Experienced Work Injury Attorney Can Deal With the Insurance Companies for You

Don't navigate the complex world of workers' compensation alone. Contact Orlando R. Murillo, P.A. for a free consultation. We’re here to ensure your rights are protected and fight to recover the full benefits you deserve. To contact us today and get started with a free consultation, call 786-891-5842 or fill out our simple online form.

Miami Workers' Compensation Insurance Lawyer