Miami workers compensation lawyer

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Work-related injury claims vary from straightforward to more complex. These cases can become complicated once there is a dispute, usually from the employer, about whether or not the injury occurred while at work. Other examples are also a bit more complex involving employees who suffered permanent damages and are unable to return to work, or the employer’s coverage isn’t sufficient to cover the medical bills and compensate for lost wages. In cases involving 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 similar to todays.

The premise behind workers’ compensation insurance, is to encourage employers to make the workplace as safe as possible, and for employees to avoid expensive lawsuits. Workers’ comp is 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 straightforward and handled without ever to 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 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 can 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 appropriately structured.

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 Total Permanent 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 some 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 are also greatly dependent on several conditions.

Compensation coverage areas are categorized as follows:

  • Temporary Total Disability (TTD) - These benefits are available to individuals who are entirely unable to work for some time.
  • Temporary Partial Disability (TPD) – The worker is released to restricted duty.
  • Impairment Income Benefits (IIB) – When the worker is at maximum medical improvement.
  • Compensation Permanent Total Disability (PTD) – Individual will never be able to work again.

These coverage categories can change as your condition 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. These cases can involve more complex legal issues, in which contacting a workers’ compensation attorney can help the injured avoid many costly pitfalls.

Medical Benefits of Workers Compensation

Many of our clients come to us because they struggle to pay their medical bills. Did you know that going to your doctor instead of the doctor assigned by the insurance carrier may not be covered? While workers’ compensation insurance is in place precisely to ensure you are well taken care of at no extra cost, several circumstances could mean you are stuck with the final bills.

Furthermore, in 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, which 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 promptly and handled by the appropriate office.

Workers Compensation Lawyer 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 others. 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, and contact an employment attorney who can help you navigate your options.

While minor workplace altercations can get out of hand, it can be classified as a hostile action. But these don’t 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 for a disability or religious practice.

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

  • Reprimands you for filing the claim
  • Demotion
  • Verbal or physical abuse towards you
  • Threaten to call the police
  • Spreads vicious lies about you
  • Becomes overly critical of you
  • Deliberately makes your work more difficult such as changing your schedule or location of your work to conflict with your home life purposely.

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.

Workers compensation lawyers 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 right. Employers know that firing an injured employee could encourage a costly lawsuit.

Many states, including Florida, offer assistance in reemployment services following an accidental industrial injury. With a workers’ compensation lawyer, you can understand all the options available to you, and avoid making costly mistakes, such as accepting employment 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.

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

A Worker Compensation Lawyer Miami Can Be the Answer

Our attorneys are brilliant with in-depth knowledge and experience in Workers’ Compensation and employment law. They have achieved outstanding results on behalf of their clients. Their commitment to protecting the working class is evident throughout their career. At Gallardo Law Firm, we have handled all aspects of workers’ compensation claims as well as several types of employment claims including wrongful terminations, discrimination claims, unpaid overtime and unpaid wage claims.

Our legal team is comprised of talented attorneys, including Elvis John Adan, who brings a diverse knowledge in many areas of law but more specifically Workers’ Compensation and employment law. Thanks to his bilingual and teaching background, Mr. Adan knows how to transmit the message in clear and concise terms to his clients. You will feel at ease with his approach. You can trust his expertise and years of experience to handle your workers’ compensation or employment cases. He will not let any obstacles get in the way of getting the results his clients desire.

At Gallardo Law Firm, our employment attorneys take care of our clients and support those who face cases regarding the breach of labor law by different companies and organizations. Gallardo Law Firm has a group of employment law attorneys who are willing to help you if it comes the time when you, unfortunately, become one of those victims. Our professional workers’ compensation lawyers deal with these issues and provide you with the support you need through all the legal processes you might find yourself in. An employment attorney can defend your rights at each stage!


Legal Representation in Workers’ Compensation Cases - Your Initial Consultation with a Workers Compensation Lawyer

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 confronting a negligent employer, our client-oriented legal solutions can work for you.

Gallardo Law Firm has a reputation for excellence. Our workers’ compensation lawyers will achieve the best outcome for your case. To learn more about your legal options in a workers’ compensation or employment case, please contact us today and schedule your free initial consultation.

He has the right to ask for a change of doctor. It is very essential 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, about 66.67%. If he cannot work at all because of his medical restrictions and his employer cannot accommodate his needs, 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 can request an independent medical examination (IME). That is 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 three employees are not required to carry workers 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 on your average weekly earnings over the 13 weeks before the date of the 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 can no longer work.