Many Miami workers that are employed in labor-intensive jobs face a high risk of injury. Per the Bureau of Labor Statistics, 332 fatal work injuries were reported in 2018 in Florida. But work-related accidents don’t happen just in a dangerous industry – they may occur even in a commercial office.
No matter how you received the injuries at work, Miami personal injury lawyers can help you fight your case.
Filing a Lawsuit against Your Employer in Miami
In Miami, Fl, you are covered by workers’ compensation and can only sue your employer under limited circumstances.
For example, you sue if the employer didn’t have valid workers’ compensation insurance when the injury occurred. You can claim an “intentional tort” on your employer’s part. This means that either they deliberately wanted to injure you or knew of the danger but misrepresented it.
Another situation arises when the safety guards on the equipment are disabled. You performed an unsafe task, leading to injuries. In these situations, contact an experienced Miami attorney to fight your personal injury lawsuit.
Types of Work-Related Accidents
Common workplace accidents:
- Burn injuries
- Slip and fall incidents
- Struck by falling objects
- Construction-related accidents
- Back-up accidents
- Machine failure/entanglement,
- Permanent medical injuries sustained due to job duties, etc.
Third Parties and Other Workers
Third parties may also be liable for negligence that causes your injuries. For instance, a negligent driver caused a car accident when you were delivering goods. Or, you can file a claim against manufacturers for faulty products.
Scaffolding and ladder collapses are very common on construction sites. Objects may fall from a height and injure passers-by. Recently, at Brickell Avenue, 6 construction workers got injured when a crane malfunctioned, and a bundle of steel rebar fell on them.
How to Proceed After a Work Accident?
The statute of limitations for workplace accidents in Miami is four years.
To maximize the compensation you receive, you should take immediate action. Based on your case specifics, you must notify your employer within 30 days. This deadline is the period from the day you discovered that the injury is work-related.
The workers’ compensation claims process is very confusing and may be denied. You will need competent lawyers to appeal the denial and fight for your rights.
How Can Your Miami Personal Injury Attorney Help?
Workers’ compensation has its benefits and is a valuable asset. But in certain cases, you may need more legal assistance. For instance, injuries that incur lifelong medical expenses and therapy may not be covered by WC.
Your Miami personal injury lawyers can litigate to seek adequate compensation because:
They are experienced and knowledgeable: Personal injury attorneys specialize in similar cases like yours and are well-versed in the law. They take care of every detail, from filing the paperwork to taking the case to trial.
They can fight employers that retaliate: Not all employers take it well when workers file a lawsuit. If you get fired after sustaining an injury at work, you can file for wrongful termination.
They get you better settlement offers: Every lawsuit doesn’t go to trial – some are closed outside the courtroom. Your lawyer can negotiate and get you higher compensation in the settlement.
You can recover:
- Loss of earning capacity
- Pain and suffering
- Loss of future wages
- Medical bills
- Emotional distress
- Legal costs
- Attorney fees, etc.
They build a strong case: Experienced attorneys conduct due diligence when they take up a case. For instance, they interview witnesses, take photographs, and conduct independent research in favor of your arguments.
For instance, in Miami, all employers must carry workers’ compensation. Even if you can claim it, you can file a personal injury claim. But your employer may try to evade their liability or pay you as little as possible. Your lawyer will negotiate with the insurance company and represent your best interests.