Your Rights After a Workplace Injury in Miami

September 12, 2025

You may qualify for workers’ compensation

If you’ve been injured on the job in Miami, Florida, it’s critical to understand your legal rights. Workplace injuries can leave employees struggling with medical bills, lost income, and uncertainty about the future. Florida’s workers’ compensation laws are designed to protect you, but only if you take the right steps at the right time.

This guide explains what you need to know in 2025, including deadlines, benefits, and how to protect yourself if your employer or insurer denies your claim.

Florida Deadlines You Must Know

Under Florida Statute § 440.185, you must notify your employer of your injury within 30 days of the accident or the date you realized your condition is work-related. Failing to report on time can jeopardize your claim.

  • 30 Days → Notify your employer.
  • 2 Years → Deadline to file a Petition for Benefits if your claim is denied or if you need ongoing treatment.

For details, refer to the Florida Division of Workers’ Compensation.

Who Qualifies for Workers’ Compensation in Miami?

Most employees in Miami are covered, including full-time, part-time, and seasonal workers. Florida law requires:

  • 4 or more employees → Employer must carry workers’ compensation insurance.
  • Construction industry → Even with 1 employee, workers’ compensation insurance is mandatory.

This means if you’re injured while working in hospitality, retail, construction, or office environments, you may be entitled to benefits.

Benefits Available Under Florida Workers’ Compensation

If your claim is approved, you may receive:

  • Medical Treatment: All authorized medical expenses related to your injury.
  • Lost Wages Compensation: A portion of your average weekly wage if you cannot return to work.
  • Permanent Disability Benefits: If your injury leaves lasting impairments.
  • Vocational Rehabilitation: Support to retrain if you cannot return to your previous job.
  • Protection Against Retaliation: Employers cannot fire or punish you for filing a claim.

For updated benefits and legal guidelines, check Florida Statutes on Workers’ Compensation.

Common Mistakes to Avoid

  • Not reporting your injury immediately.
  • Continuing to work without filing a claim.
  • Seeking treatment from unauthorized doctors.
  • Waiting too long to speak with an attorney if your claim is denied.

What To Do After a Workplace Injury in Miami

  1. Report the injury in writing to your employer right away.
  2. Document everything — medical visits, bills, lost wages.
  3. Follow medical advice only from authorized providers.
  4. Consult a Miami workers’ compensation attorney if you face delays, denials, or retaliation.



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