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    Workers Compensation Lawyer In Miami

    How Can An Attorney Assist in Filing A Worker’s Compensation Claim in Miami?

    If you’re an employee and you suffer a work-related injury, there’s a chance that you might be eligible for worker’s compensation. The process is complex and involves a lot of questions about the type of injury and your ability to earn money in the future. You can contact a lawyer who specializes in workers’ compensation to help answer those questions.

    A worker’s compensation lawyer concentrates on personal injury cases that involve injuries in the workplace. A worker’s compensation lawyer provides comprehensive, strong, and compassionate legal representation for your case in both initial hearings and in court appeals. 

    A good lawyer respects the client, focuses fully on the case, and seeks full compensation for the injuries a victim has sustained.  A good attorney will not only pay complete attention to your case but also will be a constant support for you. 

    The time, energy, and effort that workers put into their work are commendable. Therefore, a worker should expect a safe work environment and fair and full compensation for any mishap. 

    If you or your loved one has suffered from a workplace injury, then you deserve full and fair compensation from your employer and his or her insurance carrier. Therefore, you should contact an experienced Miami workers compensation lawyer who knows about the worker’s compensation system in Florida, and who can help you receive full and fair compensation. 

    How Do I File A Worker’s Compensation Lawsuit in Miami

    The worker’s compensation system in Miami, like the rest of Florida,  provides that employees should automatically receive medical aid and compensation for any workplace injuries. However, many employers and insurance companies resist providing full and fair compensation under this system. 

    Insurance companies have wrongfully denied claims and often offer workers much less compensation than they ought to receive. Employers and insurance companies often make an effort to pay workers as little as possible.  However, a capable Miami Personal Injury lawyer on your side will fight for your rights.

    What Benefits Can I Receive From The Worker’s Compensation System in MIami?

    Benefits included under the worker’s compensation system in Florida can include:

    • All medical expenses, including doctor’s bills, hospital bills, medication, rehabilitation costs, and other expenses.
    • Benefits from temporary disability including fair compensation for lost income.
    • Benefits from permanent disability including lost wages, living expenses, and compensation for  inability to return to work after serious injuries.
    • Death benefits can be paid to family members if a worker dies in a workplace accident.

    Are There Forms of Compensation Other Than Worker’s Compensation in Miami? 

    Some things aren’t included under the worker’s compensation system in Florida. In some cases you can file claims against your employer, or against other third parties. You should consult an experienced Miami worker’s compensation attorney for further details about how such claims can be brought.

    Workers injured in the workplace may have other sorts of damage which are not covered by the worker’s compensation system. Such damages can be compensated in other sorts of personal injury claims, however. A personal injury case outside the worker’s compensation system can include damages for pain and suffering, punitive damages for gross negligence or wilful misconduct, and emotional distress.

    In most cases, a worker’s compensation claim cannot be filed against third parties not under control of the employer, who are not covered by the employer’s insurance policy. Such situations arise when other parties are careless and cause or contribute to the injury.

    However, a worker can file a separate claim against negligent third parties and receive compensation. Such compensation can include pain and suffering, and is not limited only to economic damages. Examples of third party defendants include vehicle drivers, local or state government agencies, property owners, some co-workers, contractors, or sub-contractors, equipment manufacturers, or negligent medical staff treating your work-related injuries. Any third party involved in the accident might be considered for such a claim.

    Because the rules involved are complex, you should consult with a skilled Miami workers compensation lawyer who will help guide you through the process.

    How can a lawyer help in filing a worker’s compensation claim in Miami?

    A knowledgeable Miami Workers Compensation Attorney can help an injured worker file and conduct a worker’s compensation claim in different ways. An attorney will explain each step of the overall process of filing a claim; collect all the essential medical documents; interview the witnesses for your case; consult medical specialists about your injuries; negotiate with the employer’s insurance company of the employer, and file your claim.

    If your claim is denied then do not be discouraged as you can still receive benefits through worker’s compensation on appeal. You can file an appeal but you should seek advice from an experienced lawyer with expertise in conducting such cases. An experienced Miami Workers Compensation Attorney will help you evaluate your appeal and will fight for your rights.

    What is the Worker’s Compensation Insurance Claim Process in Miami?

    Receiving benefits from a Worker’s Compensation Insurance claim will help you recover from your workplace injury and will make your life easier. However, to get benefits, you need to follow a specific process. The following steps must be taken to file a worker’s compensation claim:

    • Filing a notice with the employer: To be eligible for the Worker’s Compensation benefits, you must report the injury to your employer within 30 days of the accident. The employer then has 7 days to forward the report to the insurance provider.
    • Filing a claim with the insurance company: Your claim for worker’s compensation benefits should include all essential information, such as how the incident happened and the nature and severity of the injury. This will determine whether you are eligible for benefits from the worker’s compensation system. If you do not want to miss any benefits then you should seek help from an experienced attorney.
    • Independent Medical Evaluation (IME): After your insurance claim has been filed, the insurance company will give you an Independent Medical Evaluation (IME) by a doctor. You should not rely on this evaluation but go for a second opinion from a doctor of your choice. When the claim is reviewed, both evaluations will be analyzed.
    • Evaluation of your claim by the insurance company: After filing a claim, and receiving the medical evaluation, the insurance adjuster of the company will review your claim. He or she will determine your eligibility for benefits. The insurance company generally denies the claim or offers the worker less than he deserves. This is why consulting an experienced attorney is a great benefit for the injured worker.

    Anyone injured while working is eligible to receive compensation for lost income, and medical bills from the insurance provider of their employer. In some cases, third parties may be held responsible as well. If you want to learn more about your claim, refer to a capable attorney.


    Your Attorney

    Bill B. Berke

    Mr. Berke is an experienced attorney based in Southwest Florida. He received his Bachelor of Science in Business Degree from Indiana University in 1982 and his Juris Doctor Degree from the University of Florida in 1985. Since 1986, he has been running his own law firm, Berke Law Firm, P.A., exclusively representing injured individuals. He is admitted to practice in various courts, including the Supreme Court of the United States. Mr. Berke specializes in workers' compensation, social security disability, defective drug/device litigation, employment law, and overtime claims. He is actively involved in professional associations and community organizations, advocating for the rights of employees and claimants.