There are countless circumstances in which you can get injured on the job. Workers’ compensation is designed to protect injured employees, regardless of fault. An injured worker is not able to sue an employer for damages, but may file a claim for benefits and appear in front of a special judge (Judge of compensation claims). Along these benefits you may find medical care and indemnity. You should get an experienced attorney to get the compensation you deserve. We understand how tough these times may seem, so trust our assistance because we can help.
Workers’ compensation basics
- Whether it was with the worker, employer or someone else, it can provide you medical and indemnity benefits to injured workers, regardless of fault.
- You can’t sue for damages available in a regular lawsuit or get money damages for “pain & suffering” or “loss of enjoyment of life”. BUT you can sue a “third party”; at Kaba Law Group P.L.L.C. we will analyze your case to find the possibility of third party lawsuits.
- It is important to report the injury to your employer within 30 days of the accident. If you don’t do this, the lawsuit might be denied forever. Keep a “paper trail” where you have everything written and a copy of each document.
Workers’ compensation injuries
- Only on-the-job injuries are able to get workers’ compensation. The law requires that your injury have a connection to your employment.
Florida ranks as one of the most dangerous states for on the job inquiries. This may be due to poor training of employers and improper or inadequate safety procedures are among the reasons. An injury refers to any physical injury or psychiatric problem with results from the physical injury; for example an injured worker, who has depression because of an injury, can get psychiatric help.
Common workers’ compensation injuries
- Orthopedic injuries
- Neurological injuries
- Burn injuries
- Heart attack
- Spinal cord injuries/ Paralysis
Even if your injury is not listed above, we may be able to help you get workers’ compensation.
Is your case both workers’ compensation and personal injury?
We will analyze the case and determine if a personal injury can be successfully brought on your behalf. For this, the injury has to be caused by the negligence of another person or corporation.
Lost wages (indemnity)
Aside from medical care, you can also get lost wages, also known as indemnity. Several types of lost wage are available, including:
- Temporary indemnity: Getting all the benefits paid until you fully recover, payable up to 2 years maximum.
- Temporary, total indemnity: You cannot work at all and you’ll get the maximum compensation.
- Temporary, partial disability: Your doctor has to put you on “light duty” and you can work with physical restrictions.
- Permanent disability: Refers to lost wages paid after your doctor states that you are fully healed. In case that your injury is so severe that you cannot work again, you’ll get permanent total disability benefits (medical services paid over your entire lifetime).
The rate for lost wage is calculated according to the “average weekly wage”, these are the average of your earnings for the 13 weeks prior to your injury. The medical benefits are very broad, but depend on the nature of the injury. If you leave the United States, these services will still be provided.
Moises Kaba serves the needs of our clients in both North and South Miami. Contact us today at (305) 245 – 9990 to schedule a free consultation.