Miami Workplace Injury Attorney

Many Florida workers are employed in some of the most dangerous occupations. The construction industry, in particular, is prone to dangerous tasks and accidents, which can lead to serious medical conditions, injuries, and fatalities. Beyond the construction industry, other dangerous sectors include transportation, material moving, and maritime. However, a worker does not have to be part of a typically hazardous industry to be at risk for getting hurt at work. Administrative positions are well-known for ergonomic injuries.

If you get hurt at work or develop a work-related medical condition, it is essential to speak with a Miami workplace injury lawyer at Gerson & Schwartz P.A. right away. Call us at (877) 475-2905 or contact us online to schedule a free consultation.

Types of Workplace Accidents

Workers can be injured in any kind of workplace accident. Common workplace accidents include but are not limited to:

  • Construction Related Accidents
  • Scaffolding and Ladder Accidents
  • Transportation accidents
  • Burn Injuries
  • Accidents with Machinery
  • Back up accidents
  • Pinned between objects and/or vehicles
  • Slip and fall/trip and falls
  • Falls from a height
  • Struck by falling objects
  • Manual work accidents
  • Machine entanglement
  • Exposure to toxic, hazardous, or harmful substances
  • Electrocution
  • Violence

Not all workplace injuries are due to accidents. You may have a medical condition that arose because of your job duties. For example, if you are a construction worker that consistently handles vibrating tools, you could develop Hand-Arm Vibration Syndrome, which can result in painful permanent injuries.

If you are unsure of whether a workplace accident injury or work-related medical condition entitles you to workers’ compensation or to file a lawsuit, call our workplace injury lawyers in Miami today.

Florida Workers’ Compensation Eligibility

If you are injured in an accident at work or you become ill because of your job, then you may be entitled to workers’ compensation benefits. It depends on whether your employer carries coverage. If you work in construction and your employer has one or more employees, including you, then your employer is required to carry workers’ compensation insurance. If you work in another industry, and your employee has four or more part-time or full-time employees, then your employer must have workers’ comp coverage.

As long as your injury or illness was predominately caused at work, then you are likely entitled to some amount of benefits. You should report your injury or condition as soon as possible, but no more than 30 days after the accident occurs or your physician informs you that you are suffering from a work-related injury or condition.

Possible Workers’ Compensation Benefits in Florida

If the workplace injury or condition results in temporary or permanent partial or full disability, then you may receive some amount of lost wages or other compensation:

  • For temporary partial disability, you may return to work with restrictions. If you are unable to receive 80 percent of your normal wages during this time, you may be eligible for wage benefits for up to 104 weeks.
  • If you suffer from temporary total disability, then you may receive up to 66 2/3 percent of your normal income, with a state-imposed maximum, for up to 104 weeks. Certain significant injuries may entitle you to a greater amount of wage benefits.
  • If the injury or illness creates a permanent impairment, then you may receive compensation benefits. You should contact a lawyer to discuss the possible benefits.
  • If you become permanently disabled and can never work again, then you may be eligible for total disability benefits. A lawyer can explain your rights in this situation.

Workers’ compensation also covers your medical expenses, such as your primary physician, necessary specialists, doctor’s visits, hospitalizations, diagnostic tests, prescriptions, physical therapy, and necessary travel expenses. To ensure your medical expenses are covered by workers’ comp, you must go to an authorized physician and follow the doctor’s orders. To learn more about your workers’ compensation rights and for help with the claims process, contact a workplace injury attorney for Miami at Gerson & Schwartz P.A. today.

Third-Partly Liability

You may be injured at work because of the actions of someone from outside of your employer. It could be that a stranger walked into your workplace and caused a problem. Workplace transportation accidents often involve someone other than a coworker. You may also have worked side-by-side with employees from another business at the same worksite.

When your injury is the result the negligence or intentional misconduct of a person from outside of your work, then you may be able to file a claim against the responsible party, or if it was a worker, then their employer. This third-party claim is entirely separate from any workers’ compensation claim you may have.

Through a third-party liability claim, you can pursue compensation for:

  • Past and future medical expenses not covered by workers’ compensation insurance
  • Lost wages and employment benefits not covered by workers’ comp
  • Physical pain and suffering
  • Mental anguish, psychological, and emotional Harms
  • Scarring and Disfigurement
  • Permanent disability
  • Inability to lead a normal life
Let a Miami Workplace Injury Attorney Help

At Gerson & Schwartz P.A., our personal injury law office is located in Miami, Florida have decades of experience helping individuals suffering from workplace injuries and medical conditions. We are here to learn about your situation, review your right to workers’ compensation, and guide you through the process of obtaining all of the benefits you are legally entitled to. If someone from outside your workplace caused you harm, then we will guide you through a third-party claim, which may enable you to pursue compensation beyond what is available through workers’ compensation.

You face no risk in talking with us. We offer free consultations and we work on a contingency fee basis, which means we do not get paid unless we recover you compensation.

Contact us online or call us today at (305) 371-6000 (877) 475-2905 to schedule a time to talk.

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A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
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Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
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Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
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I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User
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