Miami workers’ compensation attorney

If you were hurt on the job in Miami, the Law Offices of Jose M. Francisco can help you protect medical care and wage benefits while you recover. Bilingual representation in English & Spanish. Call 305-649-5060.

A work injury is not paperwork. It is doctor visits, missed paychecks, and an insurance company that moves fast. We handle the claim so you can focus on getting better.

What to do in the first days after a work injury

Timing matters. In Florida, you generally need to report the injury to your employer promptly. In many cases the practical window is 30 days from the accident or from when you realized the injury was work related. Report it in writing when you can and keep a copy.

Get medical care. Write down witness names, your shift, where it happened, and how it happened. Save photos of the area or equipment if you have them. Then call us. We check deadlines, coverage, and whether a third party claim exists beyond workers’ compensation.

How Florida workers’ compensation works

Workers’ compensation is the main system for on the job injuries. In most cases the employer’s insurer pays benefits, and you do not sue your employer for negligence inside that system. In return, the system limits what you can recover.

In plain terms, workers’ compensation may cover:

• Medical care related to the injury
• A portion of lost wages while you cannot work
• Impairment benefits when a permanent rating applies

One key point: the authorized doctor is usually chosen by the insurer. That doctor has a large say over treatment, work restrictions, and when you are sent back to work. If care is cut off early or needed tests are denied, the response is evidence and, when needed, a formal petition for benefits.

Wage benefits while you cannot work

If the authorized doctor takes you off work, or your employer has no real light duty that matches your restrictions, you may qualify for temporary disability benefits. In Florida that is often about two thirds of your average weekly wage, subject to a state maximum.

Simple example: if your average weekly wage was $900, two thirds is about $600 a week before the cap. Higher earners may hit the state maximum. Exact numbers depend on your pay history and how the doctor classifies the injury. We review the math so you do not accept a low figure without checking it.

When you can sue beyond workers’ compensation

Workers’ compensation is not always the end of the story. Sometimes another person or company caused the injury. That is a third party claim. Common examples include:

• A driver who hit you while you were working
• The maker of a defective machine or tool
• A subcontractor or outside company on a job site
• A property owner who left a dangerous condition outside your employer’s control

A third party claim can open damages workers’ compensation does not pay, including pain and suffering. Investigate early. Video, witnesses, and physical evidence fade quickly.

Construction and other high risk jobs

Miami construction sites bring falls, falling materials, electrical hazards, and heavy equipment. Multiple companies often share one site, which raises the chance of a third party claim alongside the workers’ compensation claim. If your case involves a job site, read more about construction accidents.

Denied claims and what to do next

Insurers delay or deny benefits for reasons like these:

• Late notice to the employer
• Claims that the injury was “preexisting”
• The authorized doctor cuts treatment short
• Disputes over whether the injury happened at work
• A return to work with no real accommodations

When benefits are denied, you often need a petition for benefits and you must watch filing deadlines. Many claims face a period close to two years, but waiting is a bad plan. The sooner we gather medical records, reports, and witnesses, the stronger your file.

How we handle the claim day to day

When you call, we ask for the employer report, authorized doctor records, pay stubs, and any photos or video from the scene. If benefits were already denied, we want the denial letter and exact dates. From there we build a plan: keep treatment on track, correct wage calculations when they are wrong, and decide whether a third party also owes you.

We explain each step in plain language, in English or Spanish. If the insurer cuts therapy, fights an injection, or sends you back to work too soon, we answer with medical facts. If a petition for benefits is needed, we file it with a complete record, not empty promises.

Miami work cases touch warehouses, hotels, kitchens, delivery routes, and job sites. Each industry has different risks, but the insurer pattern is often the same: delay, minimize, and close early. Our job is to stop that early shutdown when you still need care.

Light duty and return to work fights

Insurers like light duty offers that look good on paper and fail in real life. If the job requires lifting, standing, or driving beyond your restrictions, say so and document it. Do not quit in anger without advice, and do not ignore a written offer without a response. We help you answer in a way that protects benefits.

FAQ

Can my employer fire me for filing a workers’ compensation claim?

Florida law protects workers from retaliation for filing a good faith workers’ compensation claim. If you are punished or fired for reporting an injury, tell us right away. Save dates, messages, and witness names.

Can I see my own doctor?

At the start, the insurer usually controls the authorized doctor. Later in the case there may be options to change doctors or get another opinion. Do not stop treatment. Call before you skip appointments or switch providers on your own.

What if I was hurt in a company vehicle?

You may have a workers’ compensation claim and a claim against another driver. Those paths should be handled together so deadlines and coverages are not missed.

What if I am paid in cash or worry about immigration status?

A work injury can still support a benefits claim. Focus on the injury and the work relationship. Do not sign papers you do not understand. Call and tell us what happened so we can explain real options.

How long does a Miami workers’ compensation case take?

It varies. A medical only claim may move in months. A case with surgery, impairment, or a third party lawsuit takes longer. We give you a clear picture based on your facts, not a generic promise.

Talk to us

If you were hurt at work in Miami, call the Law Offices of Jose M. Francisco at 305-649-5060. We review deadlines, benefits, and whether a third party claim exists.