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Miami Workers' Compensation Attorney

You have suffered an injury at work. We know it is devastating and overwhelming, because of the injuries you sustained and the legal process ahead of you. But don’t let it derail your life.

Contact our Miami Workers Compensation Lawyer for free to help you. LaBovick is here for you. He will seek the maximum compensation you deserve and fight for your rights to the end.

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We're passionate about helping those who've been wrongfully injured on the job, and we'll do everything in our power to help get you the settlement you deserve.

The Objective Of A Miami Workers Compensation Lawyer

Workers’ compensation is a system of insurance that benefits employees who are injured or become ill because of their employment. 

The purpose of workers’ compensation is to protect workers and their families from the financial impact of workplace injuries and illnesses by ensuring that they receive the necessary medical treatment and financial compensation for lost wages.

In Miami, workers’ compensation is essential because it provides a safety net for workers who may be injured while performing their job duties. 

Without this system, injured workers may be unable to afford the medical treatment necessary to recover from their injuries or may be forced to return to work before they are fully healed, which can lead to further injuries and longer recovery times.

The workers’ compensation system is regulated by the Florida Division of Workers’ Compensation, which is responsible for enforcing workers’ compensation laws and regulations. The Division provides resources and support for injured workers, including information on their rights and how to file a claim, and also ensures that employers are complying with workers’ compensation laws and regulations.

A specialist Miami Workers Compensation Lawyer is one who reviews these types of cases and helps his or her clients obtain employment benefits for the injuries they have suffered.

The expert will do everything possible to win your case so that you can recover from the consequences of the accident. In addition to dealing with insurance companies and legal obstacles.

A Workers Comp Lawyer Miami Will Calculate The Benefits you May Receive

Severity Of The Injury

It is a critical factor in determining the amount of workers’ compensation benefits they are eligible to receive. The more severe the injury, the higher the compensation amount.

Average Weekly Wage

This wage is typically calculated by taking the worker’s total earnings over a specific period, such as the previous 13 weeks, and dividing that amount by the number of weeks worked. In Miami, the maximum compensation rate for temporary total disability benefits is calculated as two-thirds of the worker’s average weekly wage, subject to a weekly maximum set by law.

Duration Of Time Unable To Work

If the worker is temporarily unable to work due to their injury, they may be eligible to receive temporary total disability benefits. The amount of these benefits is typically calculated as two-thirds of the worker’s average weekly wage, subject to the weekly maximum set by law.

Types Of Workers’ Compensation Benefits In Miami

A Workers Comp Lawyer Miami will look into the benefits you can receive. They are classified into three categories:

  • Temporary Total Disability Benefits: These benefits are paid to workers who are temporarily unable to work due to their injury. The amount of these benefits is typically calculated as two-thirds of the worker’s average weekly wage.
  • Permanent Total Disability Benefits: These benefits are paid to workers who have suffered permanent disability due to their injury. These benefits are paid for the rest of the worker’s life.
  • Permanent Partial Disability Benefits: They are paid to workers who have suffered permanent partial disability due to their injury. These benefits are paid for a specified time period.

The Role Of Insurance Companies In Workers’ Compensation Cases In Miami

Insurance companies play a significant role in workers’ compensation cases in Miami. They are responsible for providing benefits to employees injured or ill due to work-related causes. The insurance company is required to pay for the necessary medical treatment, rehabilitation, and lost wages of the injured worker.

However, insurance companies are also responsible for investigating workers’ compensation claims and making determinations about whether or not the claim is valid. In some cases, insurance companies may try to deny a claim or offer a lower settlement than what the injured worker deserves.

Working with an experienced Workers Comp Lawyer Miami can help ensure that your rights are protected and that you receive the full benefits you are entitled to. 

A Miami Workers Compensation Lawyer can negotiate with the insurance company on your behalf, gather evidence to support your case, and ensure that all legal procedures are followed.

The Process That A Workers Compensation Attorney Miami Will Follow In Making A Claim

Report The Injury To Your Employer

Florida law requires that you report the injury within 30 days of the incident. Failure to notify the injury within this timeframe may result in a denial of your claim.

Seek Medical Treatment

Your employer may provide you with a list of approved doctors or medical facilities. Be sure to inform the medical provider that your injury is work-related, as this is necessary for your claim to be covered under workers’ compensation.

Fill Out And Submit The Workers’ Compensation Claim Form

Your employer should provide you with a workers’ compensation claim form after you report the injury. Fill out the form completely and accurately, including the details of the incident and the extent of your injuries. Submit the form to your employer, who will then submit it to their workers’ compensation insurance provider.

Await A Decision

After submitting your claim, the workers’ compensation insurance provider will investigate your case and determine whether your claim is valid. They may request additional information or medical records to support your claim. Once the investigation is complete, the insurance provider will issue a decision on your claim.

Appeal A Denial

If your claim is denied, you have the right to appeal the decision. The appeal process involves a hearing before a judge, who will review your case and decide on your eligibility for workers’ compensation benefits.

Receive Workers’ Compensation Benefits

If your claim is approved, you will begin receiving workers’ compensation benefits. These benefits will be sought by your Miami Workers Compensation Lawyer may include medical expenses and wage replacement, depending on the nature and extent of your injury.

Having an expert and trusted Workers Compensation Attorney Miami is essential. Our team of Warriors for Justice will relentlessly fight for your rights.

There may be legal options available to you if you have been injured at work. Contact us today to find out more.

Having an expert and trusted lawyer is essential. Our team of Warriors for Justice will relentlessly fight for your rights.
We are here to help you!
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There may be legal options available to you if you have been injured at work. Contact us today to find out more.

How Miami Workers Compensation Lawyers Can Help In The Denial Of The Case

If your workers’ compensation claim has been denied in Miami, it’s important to know that you have the right to appeal the decision. However, appealing a denial can be a complex and lengthy process, and it’s important to work with a specialized Miami Workers Compensation Lawyer who can guide you through the process and protect your rights.

Here are the steps what a Workers Compensation Attorney Miami has to do:

  • Request A Hearing: Before a Judge of Compensation Claims. This must be done in writing within two years of the date of the injury or the date of the last authorized medical treatment.
  • Gather Evidence: To build a strong case, you and your Miami Workers Compensation Lawyers will need to gather all the evidence related to your claim, including medical records, witness statements, and any other documentation that supports your case. Your Miami workers’ compensation attorneys can assist you in obtaining and organizing this information.
  • Attend The Pretrial Conference: After your request for a hearing is granted, a pretrial conference will be scheduled. During this conference, you and your attorney will meet with the insurance company’s attorney and a Judge of Compensation Claims to discuss the case and attempt to settle it.
  • Attend The Final Hearing: If a settlement is not reached during the pretrial conference, a final hearing will be scheduled. During the final hearing, your Miami Workers Compensation Lawyers will present your case and any evidence you have gathered. The insurance company’s attorney will also present their case. The Judge of Compensation Claims will review all the evidence and decide on your claim.
  • Appeal The Decision: If you are not satisfied with the Judge of Compensation Claims’ decision, you have the right to appeal. The appeal must be filed within 30 days of the date of the decision. The appeal will be heard by the Florida First District Court of Appeal, which will review the evidence and make a final decision.

Common Reasons For Workers’ Compensation Claim Denials In Miami

In Miami, there are several common reasons why workers’ compensation claims may be denied. Here are some of the most frequent reasons:

  • Failure To Report The Injury On Time: In Miami, injured workers are required to report their injuries to their employer within 30 days. If an injury is not reported within this time frame, the workers’ compensation claim may be denied.
  • Dispute About Whether The Injury Is Work-Related: Insurance companies may dispute whether an injury or illness is work-related. If there is no clear evidence that the injury occurred while performing work-related duties, the insurance company may deny the claim.
  • Pre-Existing Conditions: Insurance companies may also deny a claim if the injury or illness is deemed to be related to a pre-existing condition. For example, if an employee has a history of back problems and then experiences a back injury at work, the insurance company may argue that the injury was not caused by work-related duties.
  • Lack Of Medical Evidence: To receive workers’ compensation benefits in Miami, an injured worker must provide medical evidence to support their claim. If there is not enough evidence to prove that the injury or illness is work-related, the claim may be denied.
  • Violation Of Company Policies: If an employee was injured while violating company policies, such as not wearing required safety equipment, the insurance company may deny the claim.
  • Missed Deadlines: There are specific deadlines that injured workers must follow when filing a workers’ compensation claim in Miami. If these deadlines are missed, the claim may be denied.

Choosing The Right Workers Comp Attorneys In Miami For Your Case

Choosing the right Miami Workers Compensation Lawyer is crucial to ensuring that you receive the benefits you are entitled to after a work-related injury or illness. Here are some tips on how to choose the right attorney for your case:

  • Look For Experience: Workers’ compensation law is expert in case law, so it’s important to look for Workers Comp Attorneys In Miami who have experience handling these types of cases. You want lawyers who have a deep understanding of the laws and regulations governing workers’ compensation in Miami and who know how to navigate the legal system to get the best possible outcome for your case.
  • Check Their Track Record: Look for a Miami workers’ compensation attorney who has a proven track record of success in handling workers’ compensation cases. This can include things like high success rates in court or settlements, positive reviews from former clients, and awards or recognition from legal organizations.
  • Schedule A Consultation: Many Workers Comp Attorneys In Miami offer free initial consultations. Take advantage of this to speak with the attorney, ask questions about their experience and approach to handling cases, and get a sense of whether they are a good fit for you.
  • Look For A Good Communicator: A good workers’ compensation lawyer should be a good communicator who can explain complex legal concepts in a way that is easy to understand. They should also be responsive to your questions and concerns and keep you informed throughout the process.
  • Consider Their Fees: Most Miami workers’ compensation attorneys work on a contingency fee basis, which means they only get paid if you receive a settlement or award. Make sure you understand the fee structure and any other fees you may be responsible for, such as court costs or expert witness fees.
  • Trust Your Gut: Choosing a Miami Workers Compensation Lawyer is a personal decision. You want to pick someone you feel comfortable with and trust to represent your interests.

Seek Your Justice With A Miami Workers Compensation Lawyer

Are you struggling to get the workers’ compensation benefits you deserve in Miami? Don’t let insurance companies and bureaucratic red tape stand in the way of your recovery. 

At LaBovick Law Group, our team with over 30 years of experience, is passionate about fighting for workers’ rights and getting our clients compensation for business injuries regardless of social status. That’s why we have many success stories and we are the firm with the best score in Google Reviews (4.8).

From navigating the complex legal system to negotiating with insurance companies, we have the skills and knowledge to help you get the best possible outcome for your case. We also contact the best doctors to take care of your recovery.

We don’t want money to be an issue, so we decided to work under a contingency fee basis. This means that you pay nothing until we win your case.

So why settle for less? Contact us today and let us fight for you. The consultation is free, and there’s no obligation. Let’s start working together to get you the compensation you deserve.

about Miami Workers' Compensation Attorney

They are paid on a contingency basis, meaning that the attorney only receives payment if they win the case on behalf of their client.

Employees cannot sue their employers for work-related injuries except in cases of intentional damage or gross negligence of the employer.

Having an experienced attorney can help ensure that you receive all benefits and guide you through the legal process.

The timeline can vary depending on the circumstances of the case. Some may be resolved quickly while others can take months or years.

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