Miami workers compensation lawyer

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Work-related injury cases vary from straight forward to more complex. Cases can become complicated once there is a dispute, usually from the employer, of whether or not the injury occurred while at work. Cases are also a bit more complex where the employee suffered permanent damages, if the employee is unable to ever return to work, or the employer’s coverage isn’t sufficient to cover medical bills and compensate for loss of wages, among many others. In cases riddled with legal issues such as these, it is vital that the injured party seeks counsel from a Miami workers compensation lawyer, immediately.

With the rise of the industrial revolution giving way to hazardous and extreme working conditions, U.S. employees had little recourse against their employers prior to 1906. By 1948, the “Employer’s Liability Act” or Workers’ Compensation laws were framed quite similarly to todays.

The premise behind workers’ compensation insurance, is to encourage employers to make the workplace as safe as possible, and for employers to avoid expensive lawsuits. A form of insurance providing replacement wages and coverage of medical bills for employees injured on the job, workers’ compensation can only be collected once the employee relinquishes their right to sue their employer for negligence.

Workers’ compensation insurance claims can sometimes be fairly straight forward and handled without the need to ever hire an attorney. Cases involving minor incidents where the employee is only out a few days can be resolved in-house between the employer’s insurance company and the injured party.

When to Hire a Miami workers compensation lawyer

Regardless of the circumstances of the workers’ compensation claim, employees always have the right to consult a workers’ compensation insurance lawyer with substantial experience in the field. If the injuries incurred are severe enough to affect your ability to return to work, workers’ compensation laws serve to protect you. Under the guidance of a seasoned workers’ compensation attorney, injured workers’ can explore the variety of options available to them. If you find yourself in a situation where you stop working permanently due to the injuries suffered, an attorney can also help you file for Social Security benefits.

Employees, who already receive social security disability benefits, can find their benefits reduced as Social Security may be entitled to collect on your behalf if the settlement isn’t structured correctly. Having a Miami workers’ compensation lawyer on your side can prevent this outcome and make sure your settlement is structured properly.

Types of Compensation for work-related injuries and illness

Depending on the nature of the accident, workers’ compensation wage benefits in Florida range from Temporary Partial Disability Benefits, to more serious Permanent Total Disability. Temporary Partial Disability is awarded if a doctor says that the employee may return to work with some restrictions. There are different payout percentages available to injured employees depending on a number of circumstances during and after the injury occurred, such as the ability to perform their job, among others.

Other kinds of wage compensation exist to cover the time lost from work. The percentage you receive and the amount of time you can collect benefits are also greatly dependent on several conditions.

Compensation coverage areas are categorized as follows:

  • TTD Cannot Work
  • TPD Released to Restricted Duty
  • IIB At maximum medical improvement and rating
  • PTD Can Never Work Again

These coverage categories can change as your condition (hopefully) improves. If you are suffering from an injury which has you unable to work longer than mere days, contact a workers’ compensation attorney to help you understand your coverage, benefits, and exemptions. Cases can be fraught with more complex legal issues, in which case contacting a workers’ compensation attorney can also help the injured avoid costly pitfalls.

Medical Benefits of Workers compensation

“I just want my medical bills paid for” is probably the most common comment made to us by our clients. Did you know that going to your own doctor instead of the doctor assigned by the insurance carrier may mean that your doctor visits are not covered? While workers’ compensation insurance is in place precisely to ensure you are well taken care of at no extra cost, there are several circumstances that could mean you are stuck with the final bills. Furthermore, in sunny south Florida, you have seven days from the date of the injury to file your claim. Allowing a workers’ compensation insurance attorney help you from the moment of the injury could mean you get the help you need much faster without incurring any out of pocket expenses.

Your employer’s workers’ compensation insurance exists to cover the care of your doctor’s visits, specialists, prescription medication, physical therapy and more. In the event you should find yourself hospitalized stemming from an accident at work, be sure to let emergency room staff know you hurt yourself on the job, and give them the contact information for the insurance carrier and your employer. Take good care of yourself and follow your doctor’s orders and as soon as you are well enough, contact a Miami workers compensation lawyer to help ensure your claim is filed in a timely manner and handled by the appropriate office.

Workers Comp legal advice

Some situations find employees returning to work only to face cruel retaliatory actions on behalf of their employer. Retaliation can be in the form of a sudden change in shift to purposely interfere with your personal life, being passed over for a promotion, or being given an unfairly negative performance review, among other. Situations of bullying and harassment can often escalate to the point where law enforcement has to get involved. Don’t allow harassment in the workplace to interfere with your private life or professional development, contact an employment attorney who can help you navigate your options.

While petty workplace altercations can get out of hand can definitely be classified as a hostile action, but these don not legally constitute Workplace Retaliation.

Legally, Workplace Retaliation has occurred if your employer takes any action against you when:

  • Filing a workers compensation complaint, investigation, or lawsuit
  • Requesting accommodation of a disability or for a religious practice

Contingent on the specifics of the situation, it could be considered retaliation if following your filing of your workers’ compensation claim, your employer takes one of the following actions:

  • reprimands you for filing the claim to begin with
  • demotion
  • verbally or physical abuse towards you
  • threaten to call the police
  • spreads vicious lies about you
  • becomes overly critical of you
  • or deliberately makes your work more difficult such as changing your schedule or location of you work to purposely conflict with your home life

Don’t be a victim of Workplace Retaliation. If you find yourself in any of the situations described above, contact the team of attorneys at the Gallardo Law Firm immediately.

We understand that no one wants to contact an attorney, with most people putting it off as long as possible in hopes that their legal issues will resolve themselves in time. In many instances, employees wait far too long before finally contacting a workers’ compensation attorney for fear of being fired. In most cases the opposite is known is true. Employers know that firing an injured employee could encourage a costly lawsuit.

Many states, including our native Florida, offer assistance in reemployment services following an accidental industrial injury. With the legal counsel of an experienced workers’ compensation attorney who can help you understand all the options available to you, you could avoid making a costly mistake, such as accepting placement instead of monetary compensation to cover medical bills and lost wages.

Experienced, Compassionate Workers’ Compensation Lawyers

When employees suffer an injury at work they may feel unsure about where to turn. It’s easy to accept the benefits the insurance company has granted you when your personal injury case may be worth more. At the Gallardo Law Firm we have the experience required to handle your workers’ compensation claim. Even if you have already been billed for medical expenses and other costs associated with your case, at the Gallardo Law Firm, we can contact the insurance carriers on your behalf regarding your benefits and medical coverage.

We understand how difficult a time this may be for you and your loved ones. Feeling frustrated and confused is completely normal. Don’t suffer any more than you already have. We are here to make navigating Workers’ Compensation benefits as painless as possible. Reach out to a Miami workers’ compensation lawyer who is able to advocate on your behalf.

Legal representation in workers’ compensation cases: Your Initial Consultation

If you or a loved one needs legal assistance filing a workers’ compensation insurance claim, contact an experienced attorney from Gallardo Law Firm and we will obtain the workers’ compensation benefits you are entitled to receive. With the help of an experienced Miami workers’ compensation lawyer, your rights will be protected. At Gallardo, we start by performing an in-depth legal analysis of your case, then immediately take the appropriate measures to ensure we are on the right track. From obtaining proof of coverage, to going toe to toe with a negligent employer, our client-oriented legal solutions can work for you.

The Gallardo Law Firm has a reputation for excellence in workers’ compensation cases. To learn more about your legal options in a workers’ compensation or employment case, please contact the Gallardo Law Firm.


Gallardo Law Firm in Miami

Frequently Asked and Answered Questions about Workers' Compensation

He has the right to ask for a change of doctor. It is very important to do this so that the injured employee can receive the best possible treatment for his injury. If the worker requests a change of doctor, his attorney can help him choose the most appropriate one given his unique circumstances. If he cannot work, he has the right to receive a percentage of his salary – 66.67%. If he cannot work at all because of his medical restrictions and his employer cannot accommodate him, then he is also entitled to an additional percentage of his weekly income. If a doctor has concluded that the patient has reached maximum medical improvement, he will follow the diagnosis by assigning an impairment rating. The impairment rating indicates the extent of permanent damage to your body as a result of your injury. The injured employee may then be eligible for impairment income benefits which are paid to injured employees to compensate them for the damage to their body due to a work-related injury.
Yes, you may get an “Independent Medical Examination”, an expert opinion from a third party doctor.
Yes, if your employer does not have insurance, they are obligated to pay lost wages and cover medical costs you incurred as a result of your injury.
Companies with less than 3 employees are not required to carry worker’s compensation insurance however; they are still liable for benefits in the event you suffer an accident or injury
Absolutely! It is illegal to fire someone who has a work accident or requests workers compensation benefits.
Lost wages are based your average weekly earnings over the 13 weeks prior to the date of accident.
Yes, the insurance company may pay Permanent Total Disability in the event the doctors determine you are permanently disabled and vocational experts say you are no longer employable.