FAQS

If I am undocumented, can I receive workers' compensation benefits?

All workers receive the same benefits as long as they are working. You can receive worker's compensation benefits even if you are undocumented and you are paid in cash.

How long do I have to report a work-related accident to my employer?

In Florida, injured workers should report a work-related accident to their employer as soon as possible, but no later than 30 days. Reporting quickly helps protect your claim, document how the injury happened, and reduce the chance that the insurance carrier argues the injury was not work-related.

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

In general, Florida workers have up to two years to file a Petition for Benefits, but the deadline can depend on the specific issue in dispute and whether benefits or medical treatment have already been provided. Because missing a deadline can affect your right to benefits, it is important to speak with a Miami workers compensation lawyer as soon as possible.

Can I change doctors in my workers’ compensation case?

Yes. Florida law generally allows an injured worker to request one change of physician during the course of treatment. The request should be made in writing, and because the doctor you see can affect your treatment, restrictions, benefits, and settlement value, it is wise to speak with an attorney before making the request.

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

If your workers’ compensation claim is denied, you should not assume the decision is final. Claims may be denied because of late reporting, disputes over whether the injury happened at work, alleged pre-existing conditions, missing medical documentation, or insurance carrier objections. A workers compensation attorney can review the denial, gather evidence, and help pursue the benefits you may be owed.

What benefits can I receive after a workplace injury in Florida?

Workers’ compensation may cover authorized medical treatment, a portion of lost wages, temporary disability benefits, permanent impairment benefits, and other benefits depending on your injury and work restrictions. The exact benefits available depend on your medical condition, your wages, your doctor’s restrictions, and whether the insurance carrier accepts or disputes the claim.

Can I sue my employer after a work injury?

In many Florida workplace injury cases, workers’ compensation is the primary remedy against the employer, meaning you usually do not need to prove negligence to receive benefits. However, if a third party caused or contributed to the accident, such as a subcontractor, negligent driver, property owner, or equipment manufacturer, you may also have a separate personal injury claim.

What if my employer does not have workers’ compensation insurance?

You may still have options if your employer does not have workers’ compensation insurance. Florida has coverage requirements for many employers, and if an employer failed to carry required coverage, the case may involve additional legal remedies, penalties, or claims against other responsible parties. A workers compensation lawyer can review whether coverage was required and what options may be available.

Do I need a lawyer for a workers’ compensation claim in Miami?

You should report the injury, request medical care, document what happened, keep copies of records, and avoid giving statements that minimize your injury. If your employer refuses to report the accident, delays treatment, or the insurance carrier denies benefits, a Miami workers compensation lawyer can help protect your rights and move the claim forward.

What happens when a green card holder is arrested?

When someone who is not a US citizen is arrested, this represents a criminal and immigration problem. The consequences of this conduct should be considered by your criminal defense lawyer when you work with your immigration lawyer. How the criminal case is resolved will determine if you are allowed to remain in United States. This is why you need an experienced criminal defense attorney to handle your case.

Whats the difference between parole and probation?

Parole no longer exists in the federal system and Florida State System. Parole is the period after the served time. Probation is generally what happens when the individual is able to avoid the serving period and he or she is sentenced to a period of probation or supervised release.

Whats the difference between a felony and misdemeanor?

Some individuals may be confused about these. All you need to know is the definition. When its punishable by a year or less, its a misdemeanor. When its punishable by over a year, in custody and as a possible sentence, its a felony.

When are you under arrest?

You are under arrest when the police restrain your freedom. This may trigger you constitutional rights of protections. All the facts and details such as the timing and confrontation with the police or federal law enforcement agency are important and they must be discussed with your criminal defense attorney at a firm such as Gallardo Law Firm.

Whats the difference between DWI and DUI?

There is no difference between them. This is just the way they are called. Some states use Driving Under the Influence while others call it Driving While Under the Influence. DUI is a very serious misdemeanor so its important you have an experienced DUI attorney handling your case.

How can I know when Im being investigated for federal charges?

In some cases, the individual will either receive a letter and in some unfortunate circumstances, the person will learn because there is an agent knocking on the door. Its very important you contact your lawyer immediately.

Are controlled subtances illegal? Can you give me some examples?

A controlled substance is any substance considered to be illegal to possess. Some of these substances can be medications prescribed by your physician. Its not illegal for you to have these as a patient. Other substances like for example cocaine, heroin, ecstasy, etc. are inherently illegal.

Is a drug crime considered a federal offense?

Every specific case affects charges differently. Drug crimes are generally charged as federal offenses when the offender has been involved in a crime with large amounts of an illegal substance or have been transporting drugs over the states or national borders.

When should I hire a criminal defense lawyer?

From the moment you are aware you have become involved in any type of criminal allegations, even if formal charges have not been filed. A legal professional representing your interest is very important, he or she will investigate the charges brought against you and advocate in your behalf.

Can a person convicted of a sex crime work with children?

This depends on the crime which the person has been convicted for. Sex crimes involving children may be punishable for life in prison. Repercussions for federal sex crime offenders are very severe. The best thing to do is to hire a competent legal professional to get counseling and answers to your questions.

What are some of the major crimes and minor crimes?

Within the crimes considered by the federal court system as misdemeanors we can mention assault and sexual abuse if they do not cause severe damages. The possession of small amounts of drugs, for example, a small amount of marijuana is also considered a misdemeanor. Violating traffic laws while no major consequences occur such as injuries and destruction of the traffic property is also consider a misdemeanor. The federal crimes considered felonies are determined by groups, i.e.:

• Government Operations: Attacking federal members or public employees, stealing the government properties, and forgery. Illegal trade between states: Retention of American aircraft and transportation of stolen property. Counterfeiting and theft of credit cards. Legal proceedings: Obstruct the judicial laws, deny or falsify information to the feds. Violent crimes: People arresting, robberies, possession of illegal weapons, carjacking. Crimes against children and women: Harassment against women, not complying with child support, and sexual abuse. Trafficking illegal drugs through the airport and the port of Miami Florida.

Is tax fraud a felony?

Yes. It is punishable by up to $250,000 in fines and some years in federal prison. If this is your case, do not wait to hire a crime attorney to work and fight to protect your interest.

Do victims of federal crimes have the rights to be reimbursed?

Yes, victims of crime have much right to be reimbursed. The FBI recognizes that people who were victims of federal crimes are fully entitled to receive adequate protection and include:

• Get adequate cooperation from the person who committed the crime. Inform them of the defendants sentence or otherwise the release. Victims sometimes are allowed to attend the trials of the offending. The compensation of all damages caused in accordance with law and in a specific period of time. Victims deserve to be treated with courtesy and decency.

What is Criminal Assault?

Criminal Assault refers to the intentional creation of a reasonable fear of imminent physical harm. This definition seems complicated; but it just means that the accused had the intention of making the victim feel that his/her life is in danger or will be physically hurt. For instance, a defendant pointing a knife at the victim in a way that made the person believe that they can hurt at any time. However, it must be an urgent danger, something that is happening in this instant not later in the future.

Do I need a Miami criminal defense lawyer for an assault case?

Although a defendant is entitled to an attorney appointed by the state, it is always recommended that you hire your own lawyer; as having a lawyer appointed by the state could create conflicts of interest at the time of defending the case. If you are facing criminal charges, you may want to hire a criminal defense attorney in your area to help with your case. Your attorney will be able to provide personalized legal advice for your particular case.

How is assault defined?

Assault is a common crime seen throughout the United States every day. An assault can be classified as aggravated or simple assault, depending on which state the crime is committed. The way assault is defined will depend on the specific state laws where the crime occurs. An individual can be charged with aggravated assault even in cases where no one is physically hurt.

Is aggression and assault the same?

Traditionally, if there was physical contact between the victim and the aggressor, the crime is classified as an aggression. However, if the victim has not been touched only threatened by the defendant, it is classified as an assault. Many states have completely abolished the technical distinctions between what constitutes an aggression or assault and now any type of action is classified as an assault.

What are some defenses for an assault charge?

Commonly used defenses include:

• defense or another individual, lack of intention such as claiming it was an accident, and self defense. Other defenses, which are not as viable, include saying it was joke, due to alcohol intoxication, and so on. However, every case is unique and all options should be discussed with an experienced criminal defense attorney in your area.

How can self-defense be used in a criminal assault case?

Self-defense is typically used to solve cases of violent crimes, including assault. When self-defense is used, the defendant is thereby admitting that he/she did perform a certain physical act related to the charges; but at the same time claiming that the aggression is justified by the alleged threatening or aggressive behavior of the other person involved. In most cases, the central question is:

• Who is the aggressor Was the defendant unreasonable in thinking that it was necessary to use force in order to avoid a danger?

What are the consequences of an assault conviction?

An assault conviction can stay on your criminal record for life. You may be sentenced to time in jail, given fines, or both. You may also get probation for some time and come form of training or class in anger management may be required from you. You can even lose your right to own a firearm, and much more.

How is a misdemeanor charge different from a felony charge?

Felonies are generally punishable with more than one year in prison. Misdemeanors are generally punished with less than one year in prison, a fine or other penalty. Some crimes can be characterized either one, depending on how it was committed. Also, keep in mind that the key difference between both charges is not the sentence imposed, but the maximum sentence allowed.