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Miami, Florida Worker’s Compensation for Teachers and COVID-19: What You Need to Know

August 31, 2020/in Uncategorized/by damg

According to NBC Miami, Miami-Dade Schools plan to open August 31st with online instruction in place, with in-person instruction planned to resume in October if virus case numbers in Miami-Dade can be reduced sufficiently. Miami-Dade school officials note that if a student or teacher tests positive for the virus, the plan would be to isolate students and the infected teacher, and anyone the infected person may have come into close contact with, but given the nature of COVID-19, it isn’t clear how widespread contagion of a school would be managed. Another issue is what will happen if a teacher gets sick and believes he or she got sick from infected students or co-workers.

According to the Tallahassee Democrat, Leon County schools denied Chiles High School’s athletic director’s workers’ compensation claim. Leon County schools claimed that the director was unable to prove that he contracted the virus on the job. According to the athletic director, he believes he caught the virus while working with a student who tested positive in an enclosed workout room. The teacher has experienced serious symptoms and expects that he may miss as much as a month of work. He has had to take the time off from his own leave and isn’t being paid. This raises serious questions for the risks that teachers will be taking should they be asked to teach in the classroom, and what steps the district and state plan to take to protect them should they get sick or need extensive leave due to the symptoms of COVID-19. It seems only fair that teachers should receive the same kinds of protections that front-line healthcare workers are getting. After all, schools are environments perfect for spreading the virus and most schools don’t have the space for proper social distancing.

When it comes to COVID-19 claims among teachers, should school resume, the great challenge will be proving that infection took place at work. That is, unless schools guarantee that teachers should receive coverage because they are putting themselves at risk. Some critics of delayed school openings claim that teachers, like nurses and doctors, should see it as their job to show up, virus or not, but if this expectation is going to be put on the shoulders of our teachers, then they need to be able to show up to work knowing that they’ll be covered should they need to take time off to heal from the virus, or should they need medical care. Reports indicate that some people who contract COVID-19 become “long-haulers.” That is, they can suffer ongoing cardiac, lung, and even cognitive issues as a result of exposure.

School re-openings in Florida have been fraught with many legal issues. According to NPR, a Florida judge declared that Florida’s order to force schools to re-open at the end of August unconstitutional. Under Florida’s constitution, the state is required to ensure that schools can operate safely. As it stands, not all parents are convinced that schools will be able to open safely even in October. The Florida Education Association, the state’s teacher’s union has also expressed its concerns with the plan to re-open. Many teachers and parents are demanding that the state use a science-based approach when deciding when to re-open.

Some teachers have even expressed concerns that they might have to leave teaching altogether, stating that the risk of returning to work is simply not worth putting their lives at risk. In some areas where teachers are being forced back into the classroom, schools are seeing resignations from teachers who believe that distance learning is the better and safer option. Teachers have also expressed concern that schools don’t have the space to provide six feet of distance between all students, that they don’t have the cleaning staff to ensure that everything is properly sanitized, and that they don’t have a plan in place to protect teachers with pre-existing conditions or students whose health could be compromised should they come in contact with the virus.

Paid time off permitted for COVID-19 only covers two weeks of sick leave. What happens if a teacher has to quarantine because it is believed he or she may have come in contact with a sick student, is then permitted to return to work, and then later gets sick? It is possible some instructors may need more than just the allotted two weeks. The real question here is what kind of worker protections the state is planning to put in place for teachers and vulnerable workers should they be asked to return to the classroom.

Mario Trespalacios, P.A. is a workers’ compensation law firm in Miami, Florida that works with individuals who are fighting to appeal a denied workers’ compensation claim. Our law firm stands with workers and hopes that steps are taken to protect teachers at this crucial time. If you have questions about your rights, reach out to the Miami, Florida workers’ compensation lawyers at Mario Trespalacios, P.A. today or connect with us through USAttorneys.com.

https://www.mtpalegal.com/wp-content/uploads/2020/08/iStock-511199578.jpg 835 1257 damg https://www.mtpalegal.com/wp-content/uploads/2020/07/logo_mario_2.png damg2020-08-31 21:04:322020-08-31 21:04:32Miami, Florida Worker’s Compensation for Teachers and COVID-19: What You Need to Know

Miami, Florida Federal Workers Seek Hazard Pay: Can Frontline Workers Sue for Covid-19 Illness?

August 17, 2020/in Uncategorized/by damg

Mario Trespalacios, P.A. is a worker’s compensation law firm in Miami, Florida that is assisting individuals who need help appealing a denied Covid-19 worker’s compensation claim. While the burden of proof for Covid-19 worker’s compensation claims can be high (you’ll need to show that it is likely you contracted Covid-19 on the job; a high standard given the wide spread of Covid-19 in Miami). Yet, if you got sick as part of an outbreak of Covid-19 that took place at your workplace, you may have the ability to make a claim. If you are a frontline worker, health worker, or first responder, you may also have an easier time making a Covid-19 worker’s compensation claim.

But what about cases where workers believe their employers were negligent in protecting them? There have been stories of workers who were forced to come in to crowded workplaces despite known outbreaks. There have been stories of workers who were not given proper protective equipment, even as the virus raged through the community. Some workers who have not been able to receive protection under worker’s compensation have chosen to pursue lawsuits to protect their rights and seek compensation for their medical bills, lost wages, and other losses.

Other workers believe that they deserve hazard pay for being on the front lines. According to WBUR, Miami’s frontline federal workers are suing the government to receive hazard pay. Federal law requires that workers who are exposed to hazards on the job are entitled to receive hazard pay. Frontline federal workers feel like they aren’t being properly compensated. Many of these workers are exposed to the general public or are working in situations where outbreaks are actively taking place. Worse, when they do get sick, they may struggle just to get worker’s compensation to cover them for their medical bills and missed time from work.

According to the lawsuit reported by WBUR, workers in a range of areas might be entitled to receive a 25% pay increase if they win. Agencies listed in the suit include workers at Veterans Affairs, Agricultural Department meat inspectors, Social Security employees, Transportation Security Administration Employees, and military base security guards.

What can you do if you got sick on the job and believe you should receive compensation for your medical bills? Reach out to Mario Trespalacios, P.A., a worker’s compensation law firm in Miami, Florida today. Our worker’s compensation lawyer can review your case, assist you with your worker’s compensation appeal, and fight to help you get the settlement you may deserve under the law.

Didn’t Receive Protective Equipment on the Job? What You Can Do

According to Vox, many essential workers on the front lines of the coronavirus pandemic claim that months into the pandemic, they still didn’t have access to personal protective equipment. Many workers employed in essential jobs believe that they have been denied access to basic sanitation (hand sanitizer) and protective equipment required to do their jobs. According to Vox, only 19 percent of essential workers are being provided with personal protective equipment every time they come to work. This is a serious issue, because if workers aren’t wearing a mask, they could be putting fellow co-workers and customers at risk. In a survey reported by Vox, researchers found that while many stores have increased sanitation efforts, workers feel that they aren’t being provided gloves or masks that they need.

And then there’s paid time off. While employers are required to provide paid time off for workers who have been asked to self-quarantine due to the virus or those who have tested positive, and to provide paid time off for those who are showing signs of symptoms, not all workplaces may have forgiving sick policies and some workers may feel pressure to come in to work, especially if they don’t know their rights. The coronavirus pandemic has highlighted glaring gaps in our medical system and in our paid leave processes, which has proven to be a weak point when it comes to disease transmission. Activists are seeking better paid leave policies for workers across the board. Until then, all workers are entitled to paid leave if they get sick with the coronavirus. So there’s no reason why sick people should be showing up to work. Yet, with asymptomatic spread, and the potential for some employers to not comply with local orders, there is concern that workplaces could potentially be disease vectors. At the end of the day, if you believe you got sick on the job, you may be entitled to make a worker’s compensation claim and may have the right to even sue the employer if you cannot make a worker’s compensation claim. Have questions about your rights? The worker’s compensation law firm of Mario Trespalacios, P.A. in Miami, Florida may be able to help you. Contact us today or reach out to USAttorneys.com to get matched with a lawyer at Mario Trespalacios, P.A. today.

https://www.mtpalegal.com/wp-content/uploads/2020/08/iStock-126236054.jpg 835 1256 damg https://www.mtpalegal.com/wp-content/uploads/2020/07/logo_mario_2.png damg2020-08-17 17:44:212020-08-17 17:44:21Miami, Florida Federal Workers Seek Hazard Pay: Can Frontline Workers Sue for Covid-19 Illness?

Hello world!

June 22, 2020/in Uncategorized/by damg

Welcome to WordPress. This is your first post. Edit or delete it, then start writing!

https://www.mtpalegal.com/wp-content/uploads/2020/07/logo_mario_2.png 0 0 damg https://www.mtpalegal.com/wp-content/uploads/2020/07/logo_mario_2.png damg2020-06-22 20:12:372020-06-22 20:12:37Hello world!

Workers’ Compensation Claims and the Coronavirus: What You Need to Know

June 17, 2020/in Uncategorized/by damg

Mario Trespalacios, P.A. is a workers’ compensation lawyer in Miami, Florida that works with individuals who need assistance filing a workers’ compensation claim or who need assistance appealing a workers’ compensation claim. If you contracted coronavirus on the job and want to file a workers’ compensation claim to cover your medical expenses, lost wages, and other costs, you might be wondering whether you are entitled to file a workers’ compensation claim for a coronavirus infection you contracted on the job. First, it is important to understand that if you believe you contracted coronavirus on the job, you should try to file a workers’ compensation claim, regardless of your profession. If you can show that a risk factor in your workplace could have caused your COVID-19 infection, you may be able to make a successful workers’ compensation claim.

Workers in certain fields will generally be covered under workers’ compensation if they contract the coronavirus while on the job. Which fields are these? Here are a few fields where workers should be covered under Florida law:

  • Health Care Workers
  • Doctors
  • First Responders
  • Fire Fighters
  • Police Offices
  • Public Health Workers

Other workers may also be at increased risk of contracting the virus at work. These workers may be those who are employed in “essential services” that may not be able to shut down even if there is a spike in cases. While the burden of proving that they contracted the virus while at work may be higher for these workers, employees in the following fields may also be able to make a workers’ compensation claim:

  • Food service workers, including grocery store workers
  • Farmers
  • Meat packers, workers in food processing facilities, and delivery personnel
  • Truckers, mail workers, and shippers
  • Pharmacists
  • Janitors
  • Bus drivers and other transportation workers
  • Government workers
  • Construction workers
  • And others

If you believe you contracted COVID-19 while at work, you may have the right to make a claim with workers’ compensation. Mario Trespalacios, P.A. is a workers’ compensation law firm in Miami, Florida that may be able to help you appeal a denied workers’ compensation claim or help you assess whether you should be covered under workers’ compensation if your employer is claiming that you are not protected under workers’ compensation.

Business Liability and COVID-19 in Miami, Florida

One of the big questions that the coronavirus pandemic raises for businesses is whether the business could be held legally liable if workers get sick on the job or if patrons get sick at the business. Outbreaks can sometimes be traced back to particular establishments. Not all workers may be covered under workers’ compensation and those who are not covered may have the right to sue their employer for injuries stemming from their job. The New York Times reports that business owners have been asking for increased legal protections against lawsuits stemming from the coronavirus, but no laws have as of yet been passed. Governors are in a tough position where they want to ensure that business owners take steps to prevent the spread of the virus, but also want to take steps to ensure that business owners feel confident re-opening for business. Workers who become sick with COVID-19 on the job may have the right to seek a recovery through workers’ compensation or they may be able to seek a settlement with their employer directly to cover medical bills and other losses if they are not covered under workers’ compensation. Do you have questions about your rights? Reach out to the workers’ compensation law firm at Mario Tespalacios, P.A. in Miami, Florida today.

Coronavirus Workers’ Compensation Appeals in Miami, Florida

Has your coronavirus workers’ compensation claim been denied? You are not alone. For workers who are not in certain fields like healthcare or emergency response, the burden has been placed on the worker to prove that he or she contracted the coronavirus while on the job, or to show that the workplace environment posed a unique risk that led the worker to contract the virus. If your workers’ compensation claim has been denied, reach out to Mario Trespalacios, P.A., a workers’ compensation lawyer in Miami, Florida today. Our lawyers can review your claim, and take steps to appeal the denial of your claim. We can investigate whether there may have been an outbreak traced back to your place of employment, investigate whether circumstances of your employment may have increased your risk of exposure to the virus, and help you take steps to protect your rights and make a coronavirus workers’ compensation claim. Have questions about workers’ compensation? Are you being told by your employer that you are not entitled to make a claim? Reach out to Mario Trespalacios, P.A., a workers’ compensation law firm in Miami, Florida or connect with USAttorneys.com to get matched with the workers’ compensation lawyer at Mario Tespalacios, P.A. today.

https://www.mtpalegal.com/wp-content/uploads/2020/06/he-has-lost-all-his-work-78Y9NJU-5eea2da544424-scaled.jpg 1679 2560 damg https://www.mtpalegal.com/wp-content/uploads/2020/07/logo_mario_2.png damg2020-06-17 14:50:282020-06-17 14:50:28Workers’ Compensation Claims and the Coronavirus: What You Need to Know

OSHA Cites Construction Contractors in Florida After an Employee Suffers Fatal Injuries in a Fall

June 10, 2020/in Uncategorized/by damg

After an accident is reported on a construction site, the Occupational Safety and Health Administration (OSHA) will send out an investigator(s) to determine what factors played a role in the incident occurring. In the event the inspector finds that the incident was a preventable one and was caused by an employers’ negligence, the company is often issued a fine for their oversight. These citations are not only issued to recognize an employer for their negligence but also to help prevent further workplace accidents from happening.

OSHA recently issued a citation to two contractors who “failed to protect employees from fall hazards at a construction worksite in North Miami, Florida.” Prestige Estates Property Management LLC of North Miami and Jesus Balbuena of Miami, Florida, are now facing $44,146 in penalties, according to OSHA. OSHA began its investigation after learning that an employee fell 20 feet from an arterial lift that led to fatal injuries.

After the investigation was completed and certain hazards were recognized, OSHA cited the employers for:

  1. “Failing to ensure a fall protection system [was being used] to protect workers on an aerial lift, train employees to recognize and avoid fall hazards, and develop and implement an accident prevention program.”
  2. Prestige Estates was also cited for “failing to report a hospitalization within 24 hours and a fatality within 8 hours, as required.”

In OSHA’s news release, the agency points out that “Employers have an obligation to ensure the working conditions they ask employees to operate under are free of recognized hazards.” OSHA also says that when an employer allows employees “to work at heights without using proper fall protection methods” they increase the employees’ risk of sustaining serious or fatal injuries.

Did you suffer injuries in a workplace accident in Miami, FL recently?

If you were involved in a construction accident in Miami, FL and you believe it could have been prevented had your employer taken the necessary steps to protect its employees, we encourage you to contact Mario Trespalacios P.A. While most employees in Florida are entitled to receive workers’ compensation insurance when they suffer an injury on the job, not all construction workers are able to obtain these benefits.

For those that are not eligible to receive workers’ comp, our Miami, FL work injury lawyers may be able to help you obtain the compensation you need another way. Depending on how serious your injuries are, you may unable to work and bring home a steady income, and this can make the recovery process much more difficult to get through.

If you would like to learn more about filing a workers’ comp claim or wish to have a Miami, FL work injury attorney help you recover compensation for things like medical expenses, lost wages, mental anguish, and more, Mario Trespalacios P.A. is ready and able to provide you with the assistance you need.

 

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

https://www.mtpalegal.com/wp-content/uploads/2020/06/iStock-42708598-SMALL-5ee0ef5dd4a8e.jpg 565 848 damg https://www.mtpalegal.com/wp-content/uploads/2020/07/logo_mario_2.png damg2020-06-10 14:34:312020-06-10 14:34:31OSHA Cites Construction Contractors in Florida After an Employee Suffers Fatal Injuries in a Fall

Florida Company Faces $81,000 in Fines after 27 OSHA Violations were Discovered During Inspections

May 12, 2020/in Uncategorized/by damg

The company is Assura Windows and Doors and it was initially fined $162,688 after 27 OSHA violations were discovered during three separate inspections. The Miami Herald reported that on October 24th, October 30th, and November 7th, inspections were conducted at Assura’s Powerline Road facility in Pompano Beach, FL and all three turned up some rather serious violations that put employee safety at risk.

Some of the violations that were listed in the citations included:

  • “A lack of machine guarding.”
  • “Failing to develop and implement a hazardous energy control program.”
  • “Improperly storing and handling flammable materials and electric shock hazards.”
  • “Failing to provide an effective conservation programand adequate personal protective equipment.”
  • “Not anchoring machinery.”
  • “Exposing employees to slip and trip hazards.”
  • Failing to “give proper eye protection for people who wore prescription glasses but worked around “flying particles and chemical hazards” while putting together windows.”
  • It “didn’t give proper protection for welders’ arms, and at least one welding area didn’t have a fire extinguisher in the immediate area.”
  • “Some punch presses and saws lacked proper guards or had a guard with an opening that was too large, the type of violations that can cost people digits or hands.”
  • Assura employees were allegedly exposed to 87 to 91.3 decibels although a person can suffer hearing damage if they are exposed to 80 to 85 decibels after two or more hours [Source: Centers for Disease Control and Prevention].

While the company was facing a rather hefty fine as inspectors did uncover dozens of violations, after abatement actions and settlements, the company managed to get the total reduced to $81,344. The source highlighted that the company has not had any violations aside from these in the past 10 years.

Did you suffer an injury in a work-related accident in Miami, FL?

Did your employer fail to provide you with the proper safety equipment or expose you to unsafe working conditions in Miami, FL?

If you answered yes and are wanting to learn more about your legal right, the Miami, FL work injury attorneys at Mario Trespalacios P.A. are available to speak with you. When a worker suffers an injury in a preventable accident, they can turn to their employer’s insurer for financial relief. If your employer carries workers’ compensation insurance, you should be able to file a claim under their insurance policy. This would cover your medical care and even provide you with a portion of the salary you were earning while you are out of work.

However, if you aren’t eligible to receive workers’ compensation benefits or your employer isn’t carrying the coverage, then you may need to discuss with one of our Miami, FL worker injury attorneys what the best course of action would be to take to get you the compensation you deserve.

 

Mario Trespalacios P.A. can be reached at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

https://www.mtpalegal.com/wp-content/uploads/2020/05/judge-hammer-gavel-bid-auction-PAJDD7J-1-5ebae7f7f3101-scaled.jpg 2048 2560 damg https://www.mtpalegal.com/wp-content/uploads/2020/07/logo_mario_2.png damg2020-05-12 18:17:032020-05-12 18:17:03Florida Company Faces $81,000 in Fines after 27 OSHA Violations were Discovered During Inspections

Florida Construction Company Fined More Than $303,000 After Putting Workers in Cave-In Danger

May 12, 2020/in Uncategorized/by damg

The Department of Labor recently announced that a Florida construction company has been fined a total of $303,611 for nine violations that were found at worksites in Orlando and Winter Garden. The company, Cathcart Construction, was accused of committing two “Willful” violations, one at each site, reported the Miami Herald. According to the Occupational Safety and Health Administration (OSHA), a willful violation is one that is defined as “a violation in which the employer either knowingly failed to comply with a legal requirement (purposeful disregard) or acted with plain indifference to employee safety.”

According to the news source, the fine stated that on January 10th, workers in Winter Garden “were exposed to a cave-in/engulfment hazard” while toiling in a six-foot, one-inch deep, six-feet long, excavation next to traffic.” The source went on to highlight that the soil where the employees were working was “previously disturbed Type C soil” and “no protective system (shoring, shielding, or sloping) was provided for employee protection.”  Type C soil is known to be the weakest kind, reports the news source, and is identified as being “cohesive soil with an unconfined compressive strength, submerged soil or soil from which water is freely seeping, submerged rock that is not stable, or material in a sloped, layered system where the layers dip into the excavation.”

Prior to this, inspectors found that “untrained employees were directed to work in a trench [in Orlando] that was seven feet deep, with vertical sides, in Class C soil and without cave-in protection being provided” on October 22nd.  While there are always going to be risks associated with working around and/or in trenches and excavations, employers are required to put measures into place to ensure the safety of their workers is never put in jeopardy.

5 Ways to Stay Safe When Working Around Trenches in Miami

If you are someone who is required to work around trenches or excavations in Miami, here are five things the U.S. Department of Labor says you can do to promote safety:

  1. Be sure there is a safe way to enter and exit.
  2. Trenches must have cave-in protection.
  3. Materials should be kept away from the edge of the trench.
  4. Keep an eye out for standing water or other hazards.
  5. Never enter a trench unless it has been inspected.

If your employer assigned you to work under unsafe conditions or required you to work on a site without first providing you with the necessary protective gear and/or training and you suffered an injury, the Miami, FL work injury attorneys at Mario Trespalacios P.A are here to help you understand your rights. If you are not eligible to obtain benefits through workers’ compensation, our skilled Miami, FL work injury lawyers can help you take the necessary steps to get you the compensation you deserve for your pain and suffering, medical bills, and more.

 

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

https://www.mtpalegal.com/wp-content/uploads/2020/05/open-law-book-with-a-judges-gavel-YA36UGK-5ebae758bbadb-scaled.jpg 1699 2560 damg https://www.mtpalegal.com/wp-content/uploads/2020/07/logo_mario_2.png damg2020-05-12 18:14:302020-05-12 18:14:30Florida Construction Company Fined More Than $303,000 After Putting Workers in Cave-In Danger

Construction Industry Slows as Coronavirus Cases Increase in Miami

May 6, 2020/in Uncategorized/by damg

Although Miami-Dade Mayor Carlos Gimenez announced on March 19th that construction sites could remain open and in operation as they are considered to be an “essential business,” many projects are being slowed down as more and more cases of COVID-19 are recorded. On March 26th, the Miami Herald reported that two major projects, a $300 million Royal Caribbean Cruise Line headquarters building and a UM UHealth Care Center have been delayed “due to uncertainty about the COVID-19 virus.”

Century Homebuilders Group was one company to announce that its $100 million 850 Le Jeune Road mixed-use project was disrupted after workers at the site tested positive for coronavirus. In response to the positive results, the company ordered its general contractor to perform a deep cleaning on the large project which the source says will feature 230 apartments, two towers of office space, and 40,000 square feet of retail upon completion. That site is expected to remain closed until cleaning and sanitization is completed.

Despite the Spread of COVID-19 Many Construction Projects are Still Being Completed

Although the COVID-19 virus continues to threaten the lives of all Americans, many construction projects are still being completed. The news source reported that both the I-395 bridge and the expansion of the Jackson Memorial Hospital will continue as planned. However, certain protective measures have been put into place to help keep workers at these construction sites safe. Some of the things Mark Schaunaman, a business manager for the International Union of Operating Engineers Local 487 chapter says is being done at these construction sites include:

  • Group meetings are no longer being held.
  • Workers are trying to maintain six feet of separation.
  • Workers are being more conscientious about their hygiene and sanitation.
  • Iron workers, plumbers, and electricians who are often required to work together are now being given staggered work shifts.
  • Employees are being asked to leave their work boots behind when it is time for them to go home.

Because it is still unclear as to what impact the COVID-19 virus will have on the entire construction industry, we can expect that companies will likely make adjustments to their projects as needed.

Did you suffer an injury or illness at a construction site in Miami, FL?

If you are someone who is still working through the COVID-19 pandemic and you suffered an injury or illness while on the job, the Miami, FL workers’ compensation attorneys at Mario Trespalacios P.A. want to assist you with getting your claim filed and paid. Although not all individuals in the construction industry are successful at obtaining the benefits they need and deserve after a workplace accident, our Miami workers’ comp lawyers want to be sure you do. If you need help understanding your rights as an injured worker or wish to learn more about the benefits you are entitled to receive, contact our workers’ compensation law firm located in Miami at 305-261-5800.

 

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

https://www.mtpalegal.com/wp-content/uploads/2020/05/iStock-451264349-5eb2fb3a82c49.jpg 835 1256 damg https://www.mtpalegal.com/wp-content/uploads/2020/07/logo_mario_2.png damg2020-05-06 18:00:322020-05-06 18:00:32Construction Industry Slows as Coronavirus Cases Increase in Miami

How Does a Miami Worker Obtain Workers’ Compensation Benefits After Suffering an Injury or Illness of the Job?

April 28, 2020/in Uncategorized/by damg

You suffered an injury or illness while on the job and you want to obtain benefits your employer’s workers’ compensation insurance carrier offers. What’s the first step?

The first step a worker in Miami, FL will need to take if they suffered an injury or illness on the job is to notify their employer. While you should notify your employer of the illness or injury immediately, the Florida Division of Workers’ Compensation does say that you have up to 30 days to report it. However, should you wait to report it after the 30 days have passed, you risk having your claim denied.

After your employer has been made aware of the injury or illness you suffered, they should report it to their insurer within seven days. Within three days after being notified by your employer, the insurer should send you an informational brochure that outlines your rights and important information pertaining to workers’ compensation law. After your claim has been approved and a medical provider has been authorized to render care, you can then begin to receive the treatment and prescriptions you need to mend your injury or help you recover from the illness.

What if I cannot work for an extended period of time?

In the event your injury has resulted in you being unable to work for more than seven days, you may be entitled to collect a portion of the salary you were earning prior to the incident. If your disability causes you to miss more than 21 days of work, then you may be eligible to receive compensation to make up for your missed days of work, starting with day one. If your employer’s insurer determines you qualify to receive a portion of your salary, you can expect to receive your first check within 21 days after you reported your injury or illness to your employer.

Do I need to hire a Miami, FL workers’ comp attorney if I wish to obtain workers’ comp benefits?

Although the process might seem simple, you should know that it doesn’t run as smoothly as it should for some workers. While some workers struggle to get their employer to report their injury or illness to their insurer, others don’t receive the benefit check they are entitled to. Therefore, to ensure this doesn’t happen to you, especially at a time like this when our country is fighting a global pandemic, we do recommend that you contact Mario Trespalacios P.A. for guidance.

Miami, FL workers’ comp attorney Mario Trespalacios would be happy to review with you the benefits you are eligible to receive and guide you through the claims process to ensure those benefits are provided to you. In the event your employer’s insurer denies your claim or fails to provide you a specific benefit, our Miami workers’ compensation law firm can intervene and get the issue resolved.

 

Mario Trespalacios P.A. can be contacted at:

9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

https://www.mtpalegal.com/wp-content/uploads/2020/04/iStock-126236054-5ea7a238599b0.jpg 835 1256 damg https://www.mtpalegal.com/wp-content/uploads/2020/07/logo_mario_2.png damg2020-04-28 03:25:592020-04-28 03:25:59How Does a Miami Worker Obtain Workers’ Compensation Benefits After Suffering an Injury or Illness of the Job?

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Law Offices of Mario Trespalacios


  • (305) 261-5800

  • After Hours 786-535-6993

  • mtrespalacios@mtpalegal.com

  • 9495 SW 72 Street, Suite B-275 Miami, FL 33173

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    Auto Accident

    Back Injury

    Construction Injury

    Denied Claims

    Personal Injury Compensation

    Slip-And-Fall Accidents

    Wage and Hours Disputes

    Work Injury Representation

    About


    Insurance companies have lawyers on their side. Make sure you have a lawyer on yours. With a background in medicine and extensive experience in Florida workers’ compensation law, Mario Trespalacios is in a strong position to fight for you. Contact Mario Trespalacios right away. Schedule a free consultation today. Hablamos Español.

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    • Workers’ Compensation
    • Car Accident Lawyers in Miami, FL
    • Back Injury
    • Construction Injury
    • Denied Claims
    • Personal Injury Compensation
    • Slip-And-Fall Accidents
    • Wage and Hours Disputes
    • Work Injury Representation
    • Worker’s Comp Retaliation
    • More Info

    Contact


    Main Office – Orlando Address:
    9495 SW 72 Street, Suite B-275
    Miami, FL 33173
    Phone:(305) 261-5800
    After Hour Phone: (786) 535-6993
    Mail:mtrespalacios@mtpalegal.com

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