David Edelstein is an AV Peer Review Rated criminal defense attorney
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If you or someone you love has a worker's compensation case, you need someone on your side.
Miami Workers Compensation Lawyer / Attorney

Miami Workers Compensation Attorney / Lawyer


What if I am injured at work?

Workers' Compensation benefits are designed to cover most injuries or diseases caused or aggravated by your work or working conditions.

If you are injured in the course and scope of your employment, you must first report your injury to your employer and request medical care. It is then the employer's responsibility to provide necessary medical treatment, to report your injury to the insurance company, and the State of Florida.
If you fail to report an injury promptly, or you do not accept medical attention offered, you may lose your rights to benefits.

For information on your particular case, contact your employer who will refer you to the claims person of your employer's insurance company or the insurance adjuster who is handling your file. In some cases, your employer and its carrier may use a managed care company to handle all of your medical needs. If you have a problem you cannot resolve with the employer or insurance company regarding Workers' Compensation benefits, you may either contact the Employee Assistance Office of the State Division of Workers' Compensation in Tallahassee (Toll Free Number: 1-800-342-1741), or you may also consult an attorney of your own choice. The Florida Bar has recognized the area of workers' compensation as a specialized area and has certified many attorneys as specialists in this area.

The principal types of benefits which you may be entitled to are: payments to your doctors and other health care providers, compensation if you are unable to work, compensation if you are unable to earn your pre-injury wages, and death benefits for the families of those who die as a result of their work injuries.

Medical benefits include all necessary medical, surgical and hospital services, supplies, nursing care, and such items as crutches and artificial limbs. If you are unhappy with the treatment or the doctor provided, you may request a one-time change of physicians through the insurance company. Your request should be in writing. You must obtain authority from your employer or the insurance company before seeing any physician the first time, or you may be responsible for the cost of unauthorized treatment. Please be sure your doctor understands that your bills are being paid under workers' compensation.

If you are able to return to work and earn the same wages being earned at the time of injury, you may still be due compensation, which is called Impairment Benefits, if your doctor says you have a permanent impairment.

No compensation is payable for the first seven (7) days of disability, unless you are disabled for at least 21 days. If so, you will receive checks from the beginning of your disability. Such benefits, called Temporary Total Disability benefits, are payable every two weeks and continue until you are able to return to work on at least a light duty basis.

Once your doctor releases you to return to work, you may continue to receive weekly checks, called Temporary Partial Disability benefits, if your doctor states you have at least one work-related restriction but you have not reached maximum medical improvement (MMI), AND you are unable to earn your pre-injury wages. If you are unable to return to the same employer, then you should perform a job search looking for work within your restrictions.

When your doctor states that you have reached maximum medical improvement, you may receive biweekly Impairment Benefits if your doctor states that you have a permanent impairment from the work injury. Permanent Impairment benefits are paid at 75% of the compensation rate (2/3 of AWW) for 2 weeks per percent of impairment up to 10%; 3 weeks per percentage point from 11% to 15%; 4 weeks per percentage point from 16% to 20%; and 6 weeks per percentage point from 21% and higher. If your injuries were before 10/01/03 consult an attorney regarding that formula.


Permanent Total Disability benefits may be payable in certain circumstances usually involving the most severely injured workers who cannot return to work as a result of their injuries. Permanent Total Disability benefits, like Temporary Total Disability benefits, are computed at 1/3 of your average weekly wage, and are paid biweekly until age 75. Some exceptions apply so consult an attorney for more specific information especially if your injury occurred before 10/03.

Death Benefits may be payable to the dependents, if the industrial injury results in the death of an employee.

Workers' Compensation benefits are not subject to income tax.

If you fail to receive benefits, or have been denied benefits, and you believe you have a legitimate claim, you should contact the carrier, the Employee Assistance Office or an attorney. The Employee Assistance Office is listed in the telephone book and has a toll-free phone number, 1-800-342-1741. Attorneys are also listed in the telephone book under Attorneys, Workers' Compensation.

Sometimes the parties to a disputed claim may want to agree upon a total sum in return for which the claim will be settled. Any such settlement must be approved by a Workers' Compensation judge before the settlement is paid. Once the employer is released from liability by approval of the settlement, the employee's claim is ended for all time. Future medical benefits can be settled, left open, or limited in a settlement, but this can vary from case to case.

At any time, you are free to engage the services of a lawyer to advise you on the handling of your claim. It is your responsibility to pay your attorney, and usually fees are based upon a percentage of those benefits obtained for you by the attorney, but the Judge of Compensation Claims under certain circumstances can require the insurance company or the employer to pay your attorney. Any attorney's fee, even one payable by you, must be approved by the Judge of Compensation Claims before the lawyer receives any money. It is important for you to know your rights under Workers' Compensation law. You can get further information from your local Division of Workers' Compensation or an attorney. If you believe you need legal advice, call your attorney. If you do not have an attorney, call The Florida Bar Lawyer Referral Service at 1-800-342-8011, or the local lawyer referral service or legal aid office listed in the yellow pages of your telephone book.


(updated 06/05)


The hiring of a Miami workers compensation attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a workers compensation lawyer / client relationship.

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