If you have been injured at work then you have a right to file a Worker's Compensation Claim with your employer. This claim, if approved, will get you the medical care and prescriptions you need to get back to work. These are some general rules for filing claims:

You must file the claim within thirty (30) days of sustaining the injury or your claim could be denied.
Your employer cannot fire you from your job for filing a worker's compensation claim.
Your employer should report the injury as soon as possible, but no later than seven (7) days after their knowledge. The insurance company must send you an informational brochure within three (3) days after receiving notice from your employer. The brochure will explain your rights and responsibilities, as well as provide additional information about the workers' compensation law.
If your employer will not report the injury to the insurance company, then you have the right to report it to the insurance company.
The medical provider, authorized by your employer or the insurance company, will provide the necessary medical care, treatment and prescriptions related to your injury.
You do not have to pay any medical bills.
Under Florida law, you are not paid for the first seven days of disability. However, if you lose time because your disability extends to over 21 days, you may be paid for the first seven days by the insurance company.
There is no requirement under Florida law that your employer hold your job for you if you can't return to work within 21 days.
If your employer and the insurance company have denied your claim, you should file a Petition For Benefits.

Statute of Limitations

You have two (2) years from the date of the injury or the date that the employee should have known about the injury to file a Petition For Benefits.

Worker's Compensation Claims are closed within one (1) year from the date of the last treatment or payment of compensation.

Attorney's Fee

Attorney fees for claimants are set by statute at 20% of the first $5,000, 15% of the second $5,000, 10% on the amount received over the first ten years, and 5% on the balance. In certain cases, the attorney fee may be added to the award.

Contact me today if you have a worker's compensation claim in Miami. I provide a free consultation and there is no fee or cost unless I recover money for your worker's compensation claim.

The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a Miami personal injury attorney about your legal rights and responsibilities regarding your particular case.