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