- Workers' Compensation
Workers' Compensation Claims
At The Hoffman Firm we focus on Worker’s Compensation Claims in South Florida.
Under the Florida Statutes, Chapter 440, you have the right to make a Workers' Compensation claim if you suffered an injury in the course of your employment. The most common workplace injures involve a slip and fall. Injuries can also occur while lifting or performing manual labor.
Unbeknownst to many, injuries from repetitive work-related activities can also result in a workers’ compensation claim. In addition, exposure to chemicals, fumes, dust, and other irritants may result in disease or death, which are also covered under the Florida Workers' Compensation Laws.
Workers' Compensation Attorney in Miami, FL
The Hoffman Firm has offices conveniently located in Miami in Miami-Dade County, Fort Lauderdale in Broward County, and West Palm Beach in Palm Beach County, FL. The attorneys at The Hoffman Firm represent injured workers for workers' compensation claims throughout the City of Aventura, North Miami, Miami-Dade County and the surrounding areas throughout South Florida, including all of Broward and Palm Beach County.
After an on-the-job injury, employers and their insurance carriers will often attempt to deny or minimize the benefits paid to the employee. The employer or insurance carrier might claim that the employee is not entitled to benefits because:
- Injuries occurred outside the realm of employment; or
- The employee is exaggerating the injury
In order to protect your rights after an on-the-job injury, it is important to hire an experienced attorney to help you assert your rights. An attorney can help you recover workers’ compensation benefits. If you were injured on the job, please fill out our free case evaluation form to find out more about how we can help you.
We represent clients throughout the Greater Miami metropolitan area, including Aventura, Hallandale Beach, Golden Beach, North Miami Beach, and Sunny Isles Beach.
Unfortunately, many employers react negatively when employees file a workers' compensation claim. The employer might try to harass or humiliate the employee or force the employee to quit. Some employers may even fire an employee because the employee reported an injury on the job.
Retaliating against an employee is illegal in Florida. If your employer has retaliated against you for reporting a work place injury then call us immediately. At The Hoffman Firm, we fight this illegal conduct and work tirelessly to recover lost wages and other damages from employers.
If you were hurt on the job and your employer has more than four full-time or part-time employees in Florida, you may be entitled to benefits such as the payment of medical bills, physical therapy, a percentage of your lost wages, prescription reimbursement, impairment benefit checks, medical treatment, the cost of rehabilitation, and many other benefits.
Our clients are our priority. We strive to work in a fast and professional manner to help injured employees receive justice. Employees are entitled to many benefits when they are hurt on the job, and in most cases a fair lump sum settlement can be reached. Many factors determine the amount of the settlement, including age, wages, future expected wages, job type, injury type, future medical care, and level of medical care and therapy.
Workers’ compensation benefits apply to employees (not independent contractors) who sustain injuries during the course of their employment. According to the Florida Department of Financial Services, there were 53,318 workers’ compensations cases in 2009. The average settlement in 2009 was $12,378. The amount of average benefits paid was $19,350. The average expense for medical care was $12,819.
The Workers’ Compensation Law defines the term “employee” in the Florida Statutes, § 440.02(14)(a) to include “any person engaged in any employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, and includes, but is not limited to, aliens and minors.” Learn more about other definitions in worker's compensation cases in Florida.
What Do Workers’ Compensation Attorneys Do?
The job description for attorneys that practice workers’ compensation includes representing clients in contested workers' compensation cases, including hearings and trials in the Florida Office of the Judges of Compensation Claims. Attorneys perform duties such as investigation, evaluation, pleadings, discovery, taking of testimony, presentation of evidence and argument, and trial of workers' compensation cases.
Attorneys also represent clients during "rule nisi" petitions and at hearings for the enforcement of a workers’ compensation order. Workers’ compensation attorneys also file appeals in workers' compensation cases.
Florida Workers' Compensation Guide — A 28-page handbook, published by Florida's Department of Financial Services, includes information for employees and employers, as well as health care provisions and insurers about the Workers' Compensation process in Florida.
Florida's Workers' Compensation Forms — Visit the website of the Florida Division of Workers' Compensation to find the forms related to each chapter of Division 69L (Workers' Compensation) of the Florida Administrative Code from the first report of injury or illness to the final resolution of the case.Division of Workers' CompensationBureau of Compliance District OfficesDistrict 5 Offices401 N.W. Second Avenue, Suite S-318Miami, Florida 33128-1740Tel 305-536-0306Fax 305-377-7239
Florida's Division of Workers' Compensation — The Worker's Compensation Division of the Florida Department of Financial Services in Florida helps employers, carriers, insurers, self-insured employers, health care providers and injured workers. Learn more about workers' comp rules and laws. The division helps to ensure that claims are adjusted and reimbursed properly. Also find exemption information on applying for exemption and eligibility requirements.
Proof of Workers' Comp Coverage Database — Visit the website of the Florida Department of Financial Services, Jeff Atwater, Chief Financial Officer, to find the Database for Compliance Proof of Coverage. The database is updated daily by 8:00 a.m. The information on proof of coverage is a representative reflection of selected information reported by the insurance carrier and maintained by the Department of Financial Services, Division of Workers' Compensation.
Florida Workers' Compensation Law — Visit the Official Internet Site of the Florida Legislature to read more about Florida's labor laws contained in Title XXXI, Chapter 440 on Workers' Compensation in the Florida Statutes, Sections 440.01 through 440.60. The Florida Legislature intended the Workers' Compensation laws to be interpreted so as to "assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful re-employment at a reasonable cost to the employer." Under Florida law, each workers' compensation case must be decided on its merits.
Worker's Compensation Information for Employees of Miami-Dade County — Find a pamphlet with general information on the Florida Workers' Compensation Program from the Risk Management Division, G.S.A, created for employees of Miami-Dade County. Learn more about your rights, benefits, and responsibilities.
Workers' Compensation Policies and Procedures for Employees of the City of Miami — Find information from the City of Miami General Safety Manual for the policies and procedures for on-the-job injuries. Florida law allows for a managed care arrangement to be the exclusive provider for treatment of work-related injuries and it allows the employer to deny benefits under certain conditions if the accident was caused because the injured person had drugs or alcohol in his or her system.
Find a Workers' Comp Attorney in Miami-Dade County, FL
If you were injured on the job, notify your employer as soon as possible and contact The Hoffman Firm within 30 days of the incident to discuss your case. Your employer or the insurance company should notify you of your rights and provide treatment through a workers’ compensation physician.
Make sure you keep track of any and all documentation you receive during this time. You should document when the accident happened, the type of injury you suffered, who you notified at your place of employment, and when the notification was made.
If you or a family member were injured at work, contact The Hoffman Firm today. Please do not hesitate to call us and schedule a free consultation. There are NO FEES or COSTS unless you win. What are you waiting for? Contact us today for a FREE consultation.
This article was last updated on Monday, May 9, 2016.
Evan A. Hoffman
Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.Read More