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What Qualifies a Personal Injury Action?

In Florida, laws exist to compensate individuals who are injured due to someone else’s negligence. The extent of injuries in a personal injury lawsuit can vary from bumps and bruises to a traumatic brain injury. There are three different types of personal injury actions :

What are Personal Injury Accidents?

When the personal injury is due to an accident, proof of negligence must be established. Common personal liability injuries include slip and fall, malpractice, car accidents, and premises liability.

What Steps are Involved?

Filing a personal injury lawsuit involves different phases. These include:

What is the Statute of Limitations on Personal Injury Lawsuits?

In Florida, there are important deadlines for making a personal injury claim. You generally have two years from the date of the accident to file a claim or be forever barred from doing so. This is referred to as the “Statute of Limitations.”

It is important to consult with an attorney as soon as an accident occurs so you do not miss your deadline to file. If you are unsure about your deadline, speak to an attorney. They can examine the circumstances of your particular claim and the applicable statute of limitation in order to ensure that you don’t miss your opportunity to file.

Who’s Covered Under Workers’ Compensation in Florida?

Most employees, apart from those who work for very small agricultural or non-construction businesses, are covered under workers’ compensation in Florida. The following employers are required to purchase workers’ compensation insurance coverage for their employees:

Non-construction employers with 4 or more employees, including non-exempt business owners

Construction employers with 1 or more employees, including non-exempt business owners

Agricultural employers with at least 6 regular employees or 12 seasonal workers

When in doubt, you can always ask your employer if you are covered under workers’ compensation, but if your employer falls into any of the above categories, you should be covered.

What Kinds of Benefits Are Included in Workers’ Compensation?

Workers’ compensation benefits in Florida fall into three broad categories: medical benefits, lost wages and other monetary compensation, and death benefits.

Medical Benefits

Your employer’s workers’ compensation insurance carrier must provide medical treatment for work-related injuries and illnesses, including:

To receive these benefits, you must report your injury or illness to your employer as soon as possible; your employer (or their insurance carrier) will dictate which doctor you must visit for care.

You MUST go to the doctors your employer’s workers’ compensation insurance carrier dictates; you will not be compensated for going to your own doctor with a work-related injury. You MUST go to all appointments; skipping appointments may cause your benefits to stop.

Lost Wages and Other Monetary Compensation

The amount, rate, and duration of compensation you’re eligible to receive are based on the severity of your injury and may include:

Death Benefits

If a work-related accident leads to death within 1 year of the date of the accident or 5 years of continuous disability, the deceased beneficiaries may receive the following benefits, up to a maximum of $150,000:

What to Do When You Are Injured at Work

To be eligible for workers’ compensation benefits in Florida, you MUST take certain steps:

The expert attorneys at iLawyerUp know how to get you the maximum workers’ compensation benefits you’re owed, so schedule a free consultation today.

How Our Florida Workers’ Compensation Lawyers Can Help You

At iLawyerUp, we know exactly what causes workers’ compensation claims to get denied and how to ensure you get all the benefits you are entitled to. We don’t get paid unless you do, so schedule a free consultation at our Aventura, Florida office now.

Personal Injury FAQ

It really depends on the circumstances of your accident. This includes details on the extent of your injuries, how long you needed medical treatment, and how long it takes for the insurance company to evaluate your claim fairly.

There are several factors to look at the value of a claim. These include lost wages and income, present and future medical treatment you will need for your injury, pain and suffering endured, long-term physical impairment, and other specific factors related to your case.

Signing a release means that you give up your right to make any additional claims related to your accident. You should never sign a release without first consulting with an experienced personal injury attorney. You could be giving away thousands of dollars in compensation that you would otherwise be entitled to receive.

It can be a complicated and confusing decision to hire an attorney after you’ve been in an accident. Keep in mind that, in order to be successful in being compensated for your injuries, you need to provide evidence. Unless you are an experienced attorney, this can be tricky. The legal principles that govern personal injury claims in Florida are nuanced and fact-sensitive, so it is best to speak with an attorney first.

You must report your workplace injury or illness to your employer within 30 days of the injury occurring (or within 30 days of your doctor telling you your injury or illness is work-related). The sooner you report your injury to your employer, the sooner you can go to a workers’ compensation doctor and start getting treatment, so the sooner the better.

If you don’t report your workplace injury within 30 days, you may lose your right to receive workers’ compensation, so you need to report it immediately.

Having problems with your workers’ compensation claim? The expert attorneys at iLawyerUp may be able to help. Contact us today.

In Florida, the workers’ comp process has a certain flow to it:

  • You must report your injury or illness to your employer within 30 days.
  • You must go to the doctors your workers’ compensation plan sends you to. Visits to your own doctor won’t be covered, and skipping appointments may result in you losing your workers’ compensation benefits.
  • The doctor will determine your level of injury, whether or when you can go back to work, whether you need restrictions when you go back to work, when you have reached maximum medical improvement, and whether you have suffered a permanent total disability.

Since workers’ compensation can be complicated and any misstep on your part may lead to you losing your benefits, you may want to consult with a workers’ compensation attorney like the professionals at iLawyerUp.

Your employer is required by law to purchase workers’ compensation insurance. Estimated employer rates for workers’ compensation insurance in Florida are $1.24 per $100 covered in payroll.

This means your employer’s insurance plan is actually the one paying for your workers’ compensation benefits rather than your employer, who is simply paying the insurance company.

Like any insurance company, workers’ compensation plans like to try to pay as little as possible, so you may need an experienced workers’ comp lawyer on your side to get all the benefits you’re owed. If you’re struggling to receive the workers’ compensation benefits you feel you deserve, contact iLawyerUp today for a free consultation.

Temporary Total or Partial Disability lasts for up to 104 weeks (2 years) in Florida. After that, if your doctor determines you are permanently disabled and unable to ever work again, you may be owed benefits for the rest of your life.

An experienced Florida workers’ compensation attorney can help ensure you get all the benefits you are owed after being injured or becoming ill as a result of a work-related accident. We only get paid if you do, so schedule a risk-free consultation to discuss your case with the experts at iLawyerUp today. We may be able to help you get the compensation you deserve.

Our Attorneys Can Help

Personal injury claims permit the recovery of loss of income or wages and medical expenses you need to relieve you of your financial burden. If you were injured in an accident, and are seeking compensation for your pain and suffering, we can help.

Our Florida lawyers specialize in personal injury law and can get you damages to cover the costs incurred because of your injuries. Schedule a free consultation with iLawyerUp today. Our Aventura office helps clients in the Miami and Fort Lauderdale areas get the compensation they deserve for their injuries.

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