Workers’ Compensation

How to Get Workers’ Compensation Benefits in Aventura

The process of seeking workers’ comp may vary from case to case, but our clients can always depend on Rosenberg & Rosenberg to handle all of the work while they just focus on feeling better. Here are the tasks that our Aventura workers’ compensation lawyers can complete for you:

• We meticulously investigate every single case, gathering evidence that proves the injury was work-related.
• Our Aventura law firm can file your case within the applicable deadlines. We can also check to make sure you reported your injury to your employer and that your employer has filed a report with their insurance company.
• After filing your case, our legal team can regularly touch base with the insurer to see what progress they are making. We also communicate with you to see how you are recovering and if you need anything from us.
• We can work with the insurance company to exchange and review evidence and negotiate a fair amount of compensation that will cover everything you lost.

Our Attorneys Take All Aventura Workers’ Compensation Cases Seriously

Your injury has had a devastating impact on your health and your career. Our firm understands this, so one of our partners works on every single case we take. You get to work directly with your attorney as we fight your case.

Our legal team is always there to answer questions, address concerns, and provide legal advice whenever our clients reach out to us, day or night.

We Recover Just Compensation for Workplace Injury Clients

Our work accident attorneys in Aventura work relentlessly to secure fair compensation for injured workers like you. In past work injury cases, we have recovered:

• $1 million for a worker who was permanently paralyzed after falling from a tree
• $767,000 for a worker who suffered severe back injuries after a trip and fall accident
• $350,000 for a worker who sustained head and other injuries after falling from a ladder

Case values vary depending on many factors. Let the personal injury lawyers at Rosenberg & Rosenberg investigate your situation so we can pursue the amount that is right for you.

What Benefits Are Available to Injured Aventura Workers?

Injured workers are eligible for three main types of workers’ compensation benefits:

• Disability: You could recover up to two-thirds of your regular salary until you return to work. If you are permanently disabled, our workplace injury lawyers can seek long-term benefits for you.
• Medical treatment: As long as you go to a doctor approved by your employer and keep all of your appointments, your workers’ compensation benefits will pay for all necessary medical care related to the accident.
• Death benefits: If a worker suffers a fatal injury, their loved ones can recover loss of financial support, funeral expenses, and certain educational costs if, for instance, their spouse needs to go back to school to find a job.

To find out which benefits you should receive and how our workers’ compensation lawyers can pursue them for you, call Rosenberg & Rosenberg now. We will evaluate your case for free and at no risk to you.

What Kinds of Injuries Make You Eligible for Workers’ Compensation in Aventura?

Any injury that occurred while you were performing your normal job duties should qualify you for workers’ comp benefits. That could include:

• Back injuries
• Head injuries
• Injuries to the extremities
• Partial or total loss of sight, hearing, or speech
• Mental health issues
• Occupational diseases

Which Aventura Workers Can Our Lawyers Help With a Workers’ Compensation Claim?

Florida employers with a certain number of employees are required to provide workers’ comp insurance. The minimum number varies from industry to industry. For example:

• If you work for a local construction company, your employer only needs to hire one regular employee – in many cases that includes the owner of the business – before they are required to purchase insurance. 
• If you work in most other industries—if you are an office worker, for instance—your employer is required to buy insurance once they hire four or more employees.

Which Aventura Workers Are Barred From Seeking Workers’ Compensation?

In addition to restrictions based on your employer’s size, you also have to prove that your own behavior was reasonable and that you took no unnecessary risks prior to the accident. The insurance company may try to deny your claim if they think that:

• You were engaged in a non-work-related activity
• You were goofing off or engaging in banned behavior, like drinking on the job
• You were deliberately ignoring workplace safety regulations
• You were trying to hurt another employee

The Aventura lawyers at Rosenberg & Rosenberg can help you prove that you are a responsible worker who deserves the benefits you are seeking.

Can You File a Lawsuit for an Aventura Workplace Accident?

It is important to recognize that, in most cases, you cannot sue your employer in Florida. Workers’ compensation benefits serve as a “replacement” for that type of legal action. By purchasing workers’ comp insurance, employers protect themselves from lawsuits while also providing financial support to injured employees.

There are some exceptions to this rule. Our workplace accident injury lawyers in Aventura can explore your right to file a lawsuit if:

• Your employer should have purchased workers’ compensation insurance but failed to do so
• Your employer is not legally required to carry insurance
• A negligent third party, such as the owner of the property your employer leases or a tool manufacturer, contributed to your accident

What to Do if Your Employer Refuses to Pay Your Workers’ Compensation Claim

It is possible that your employer or their insurance company will push back against your benefits claim. They might:

• Illegally retaliate against you by firing, demoting, or harassing you
• Insist that your injury is not related to your job or that you had a preexisting condition
• Pressure you to go back to work before you are ready
• Undervalue or try to “disprove” your disability

Our Lawyers Protect the Right of Aventura Workers to Seek Compensation

The moment you suspect you are being mistreated, tell Rosenberg & Rosenberg right away. We can take steps to preserve your rights by:

• Taking legal action, up to and including a lawsuit, for any retaliatory measures
• Finding medical experts who can evaluate your injuries and prove that you are not yet able to safely return to work
• Representing you at all negotiations and hearings with the insurance company
• Making sure you understand your rights and obligations under the law
• Collecting evidence that proves you deserve damages, such as the official report from the Aventura Police Department that contains evidence of how the accident happened or medical records that detail your injuries

How Common Are Fatal Workplace Injuries in Florida?

The U.S. Bureau of Labor Statistics (BLS) found that 307 Florida workers lost their lives in work-related accidents in 2022. The most common causes of fatal injuries were:

• Transportation accidents: Representing a third of all workplace fatalities, motor vehicle accidents can happen to workers who are on foot or who are driving a vehicle as part of their job.

• Falls: Falling from one level to another, such as if a worker falls off a scaffold or down a flight of stairs, are especially dangerous.

• Environmental factors: Deadly injuries may result if a worker is exposed to electricity, open flame, toxic chemicals, or other hazardous substances without proper preparation and protection.

Situations like these are why workers’ comp insurance includes death benefits. Our workers’ compensation law firm can file a claim on your behalf, giving your family the chance to grieve in peace while we seek the money you need to make a fresh start.

We Represent Injured Aventura Workers Across All Industries

Some industries are inherently more dangerous than others. The BLS data, for instance, shows that fatalities are more common among construction workers than workers in other industries. However, workers’ compensation is not restricted to only the most dangerous industries, and neither are our services.

The workplace injury attorneys at Rosenberg & Rosenberg are here to protect the rights of all Aventura workers, no matter what industry they are in. We want to hear about your case as soon as possible so we can start pursuing the damages your family deserves.

Get a Free Consultation From Our Aventura Workers’ Compensation Attorneys

Call Rosenberg & Rosenberg to learn more about your rights today. Our Aventura workers’ compensation lawyers can file your claim, handle delays or denials, and even file a lawsuit if necessary. Get started now by receiving a free case review from our family-owned, community-centered law firm.