The city of Miami stands 6th in workplace accidents, according to a report by the U.S. Bureau of Labor Statistics (BLS).
The leading cause of accidents here are falls, trips and slips, contact with equipment, violence by other employees or animals, exposure to toxic chemicals and environment, and fire and explosion.
The laws in Miami, Florida, keep changing from time to time.
Whether you are eligible to get the worker’s compensation benefit or not can be explained only by a renowned Miami personal injury attorney.
To stay protected under the workplace accident laws in Miami, you must know your legal rights. Let’s understand the workplace accidents protecting laws.
Injury at Workplace – You are Eligible for Worker’s Compensation
According to the Florida Division of Workers’ Compensation, a company should immediately investigate the accident and share the facts with the insurance company.
Every employer in Miami, Florida, must offer insurance coverage to its employees.
Also, you will be eligible for the worker’s compensation, irrespective of the fault. It means there is a “no-fault” system.
So, even if you were negligent at work or your employer was irresponsible, you will still get the compensatory benefits if your workplace injury is proven.
Employers Cannot Fire
A statute F.S. 440.205 states that your employer cannot retaliate against you if you have claimed compensatory benefits for an accident in the workplace.
But, most employers disregard this law and come up with lame excuses to fire the injured worker.
Under such circumstances, it is advisable to hire a Miami personal injury attorney to help you fight for your rights.
Employers prefer neglecting this law to avoid paying compensation.
If the investigation is successful, both the employer and the insurance company will have to pay the compensatory benefits.
Ask for Immediate Medical Assistance
If you sustain injuries at the workplace, you must immediately call for medical help and inform your supervisor.
If medical treatment is refused, then you are eligible to hire personal medical care under worker’s compensation law.
The medical bills and other treatment charges have to be borne by the insurance company and your employer.
You need to give the employer a written notice about the injury within 30 days of the accident.
If you are diagnosed with an occupational disease like occupational Asthma, Black Lung, Occupational Dermatitis, COPD, etc., you have to give written notice within 90 days of discovering the condition.
A notification will help you in availing the medical benefits.
Claim your Monetary Benefits
It is also known as indemnity benefits.
According to the law, there are five disability monetary benefits: temporary total, temporary partial, permanent total, impairment benefits, and death benefits.
Depending on the injured employee’s disability, the employer and the insurance company pay the compensation.
But most often, the injured employee is not offered fair compensation benefits.
That is when the personal injury lawyer can come to your rescue and help you get the compensation you deserve.
Although it takes time to complete the legal and medical procedures, you will never go home with unfair compensation by having a personal injury attorney for legal help.
Also Read: Changing Careers After a Workplace Injury – Important Considerations