Florida Injury Lawyer Blog

According to statistics, an American dies every eight minutes due to work-related injury or illness. Workplace injuries and illnesses can happen at any workplace, although some jobs are assuredly more dangerous than others. Workplace injuries can include Florida slip and fall injuries, asbestos exposure, workplace car accidents, and more.

Workplace accidents can be devastating because they can result in high medical costs as well as lost income. In some cases, workplace accidents lead to tragic fatalities. There is workers compensation insurance and the Occupational Safety and Health Administration (OSHA) to protect workers, but some experts say that these resources do not help enough. According to some experts, OSHA does not have the resources or funding to prevent workplace accidents and in many cases workers compensation fails to provide workers with the lost income and medical cost coverage needed to recover from an accident.

When a worker is injured on the job, the employer's workers compensation covers lost income and the medical costs of the injury. However, by accepting workers compensation, workers largely waive their right to pursue legal action against their employer. The aim of workers' compensation is to provide quick insurance for injured workers as well as protection for employers. Employers who pay into workers compensation face less liability for workplace injuries – barring severe negligence – and employers are not supposed to wait until the case is investigated before getting funds.

In reality, experts say that the system lets workers down. In many cases, employees find that workers compensation covers only the bare minimum of costs and still leaves them without the funds to get quality medical care and to pay the bills. As well, the waiver of legal action is a serious impediment. In many cases, legal action against employers can result in a fairer settlement as well as safety changes which help other employees, some argue. Some experts feel that this facet of workers' compensation means that employees get compensation for injuries at too high a cost.

Another problem is insurance fraud. Some employers claim to have coverage but employees find out – often only too late – that employers are not in fact covered. As well, concerns over insurance fraud by employees sometimes leads to accusations against employees, delayed claim payments, and other hassles, which places a great deal of financial stress on injured workers.

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Two recent tragedies highlight a basic challenge in Florida law. The deaths of two workers at two of the state's biggest amusement parks stress the limitations placed on surviving family members when a loved one is killed on the job. In one case, a SeaWorld worker was killed by an orca during training for a show. At Walt Disney World, a Florida train accident on the monorail caused the death of a Disney World employee. In both cases, state workers compensation laws mean that the families will be able to receive a maximum $150 000 for income lost and an additional $7 500 for funeral expenses.

This is because in Florida when an employee is injured at work, the employee has legal resource only through workers' compensation. The company pays into an insurance company and if an employee is injured this company pays workers' compensation benefits to pay for lost income, medical costs, and related costs. In turn, the company is safe from Florida personal injury lawsuits and the workers does not have to prove fault while still getting payment for necessary expenses.

In many cases, the system works. However, in cases where there is a loss of life, workers' compensation benefits can seem small compared to the scope of the tragedy. As a result, Florida law does allow some exceptions to the usual workers' compensation restrictions. For example, in cases where employers do something which is "substantially certain" to cause fatalities or injuries or in cases where employers harm employees intentionally, employees and their families can pursue a legal claim.

Of course, this can pose a legal challenge. It means that an injured worker must be able to show in court that the employer should have known that the actions were likely to cause injury or fatalities. Proving what an employer knew or should have known often requires legal professionals as well as investigative professionals. For this reason, many injured workers seek the help of a Florida personal injury attorney.

A Florida personal injury attorney can show in court that an employer was negligent. As well, attorneys usually work with expert witnesses and professional investigators to gather evidence which may not be available to the injured worker. This evidence can help show whether an employer was in fact negligent and therefore liable.

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Unfortunately, many Florida workers are injured on the job each year. Many serious Florida burn injuries, amputations, head injuries, and spinal cord injuries are the result of workplace accidents. Unfortunately, a serious personal injury in a workplace can leave you unable to work. In serious cases, you may be unable to return to your job permanently.

In these cases, Florida workers compensation is meant to help you recover and to enjoy some income as you focus on your health. Unfortunately, due to insurance fraud and concerns over insurance costs, getting insurance money from workers compensation programs is getting increasingly difficult, even for workers who are genuinely injured. Florida workers sometimes find that insurance providers treat their claims with suspicion.

Working with a qualified Florida personal injury attorney after a workplace injury is important. Whether you have suffered a Florida slip and fall accident in the workplace or a car accident at work, a good attorney can help you understand your rights and the total costs of your injuries. He or she can also help negotiate with insurance providers so that you get the best claim amount possible, so that you are able to afford good quality medical care.

Working with a good Florida personal injury attorney can show you that you may qualify for more sources of claim money than you understood. For example, you may have a Florida products liability claim if a defective machine or product caused your injury. You may also have a legal claim. As well, you may qualify for benefits under the Social Security Disability Insurance (SSDI) program, a federal program. If you qualify, a good attorney can help ensure that you get all the benefits you are entitled to.

It is important to contact a good Florida personal injury attorney immediately after a workplace accident. Most of us rely very heavily on our jobs for income and without this income we may face eviction, foreclosure, and other problems. Also, if you are unable to return to work, you may not qualify for employee medical benefits, leaving you with substantial medical bills. A good attorney can ensure that you are compensated for lost income as well as your medical costs and other costs related to your accident.

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Workers compensation laws in Florida are designed to protect both workers and employers. However, in the event of amusement park accidents and workplace accidents, workplace laws can create challenges in workers compensation cases. Currently, the two largest amusement parks in Florida are involved in lawsuits stemming from workplace accidents. Walt Disney World is being sued after a monorail worker was killed in a Florida train accident at the park in 2009. SeaWorld Orlando is being sued after the drowning death of killer-whale trainer in early 2009.

Former Gov. Jeb Bush helped implement changes to workers compensation laws seven years ago, and critics of the changes claim that the new legislation heavily favors large employers such as the two amusement parks. Supporters of the laws argue that the legislation means standardized payments in workplace injury suits, which keeps costs down and protects business from large jury settlements. Supporters note that the laws make it less expensive and more attractive to do business in Florida.

Victims of workplace accidents may not agree. Originally, workers compensation was created to keep claims out of the courts. Florida employers are required to have workers compensation insurance to protect employees – and themselves – in workplace accident situations. When a workplace accident occurs, Florida workers compensation rules are supposed to cover lost wages and medical costs promptly and no matter who is at faulty. The advantage for workers is that they do not need to go through a long and expensive legal process to get needed money. However, workers also lose the ability to sue their employer to recover large sums.

In Florida, when a workplace accident is fatal, wage payments have a $150,000 limit and beneficiaries also receive up to $7,500 for funeral costs. In addition, spouses of victims may be compensated for up to 80 class hours at community colleges and 1,800 hours at some career centers in order to get job training. Some victim’s families find that these costs do not always cover medical expenses as well as other costs associated with a workplace death.

The court system agrees that in some cases, employers can be sued. For example, the Florida Supreme Court deemed in 1993 that employers who engage in activities that are "substantially certain'' to cause injury or fatalities may be sued. In 2000, a court defined "substantially certain'' as a circumstance in which the business should have know that its behaviors likely could cause a fatality or injury to an employee. Thus, businesses did not actually have to know that the actions can lead to risks. The Florida Supreme Court also decided that businesses that intentionally harm employees are not protected from lawsuits.

In 2003, Gov. Bush changed Florida workers compensation laws, cutting some benefits while improving other benefits, placing limits on the fees attorneys could recover in workers compensation cases, and protecting businesses from workers compensation and Florida wrongful death lawsuits. Instead of the 2000 definition, lawmakers claimed that workers compensation lawsuits could only be pursued in cases where a business “knew'” it was engaging in a behavior that it “knew” was "virtually certain'' to cause fatalities or injuries. Workers compensation claimants were also required to prove "clear and convincing evidence'' that the employer intentionally hid the danger and that the risk was not obvious.

If you have been injured in the workplace, whether it is a burn injury, brain injury, broken bone, spinal cord injury or other injury, your main priority is to get better as fully and as quickly as possible. Unfortunately, many injured workers have a hard time making claims under workers’ compensation or getting the full benefits they are entitled to by law. Part of the problem is that rising rates of insurance fraud have insurance providers tightening rules. Trying to work your way through red tape can be difficult, especially if you are injured and focused on getting better. However, there are things you can do to make the claims process easier:

1) If you have already been denied the benefits you think you are entitled, quickly file an application to have an administrative hearing with the workers' compensation board for your state. Also, consider speaking with a good attorney who can represent you with the insurance provider. Speed is essential, here, however. The longer you wait, the harder it will be to file for those benefits.

2) Make certain that a workers' compensation report has been correctly filed by your employer. Ask for a copy of the report for your records. If there are any errors on this report, this might be the cause of many hassles and problems.

3) Look over your workers' compensation file and make copies of your file. Make sure that everything in your file is accurate and contains no errors.

4) Check your medical records and make three copies for yourself. Make sure that your medical records include test results, your doctor’s narrative of the case, and the medical form your doctors has sent to workers' compensation. Make sure that all the forms your doctor has filled out are correctly filled out. Errors on forms can affect your claims and delay benefits. Make certain that your medical records and reports clearly outline how your injury was caused by or at work, what treatment is needed for the injury, a detailed description of the prognosis, and a rating of any permanent or partial disability. Without this information, insurance providers can dismiss your claim or allege that the injury was not serious or not caused by your

5) If you have suffered depression or any other mental disability because of your injury, make sure that is documented by a professional. You can make claims on these injuries as well, but documentation is a must.

6) If you think your employer or insurance provider has committed fraud that might be affecting your claim, or if you think you have been the victim of medical fraud, report the fraud to the workers' compensation board or your State’s Office of Professional Medical Misconduct. Also, hire a qualified attorney to ensure that the fraudsters do not affect your claims. You should not have to face smaller benefits due to someone else’s behavior.

In the workplace, computers have become mandatory at virtually every office and every work environment. Some people are doing all their work remotely from a computer. While computers make work easier, they also pose their own hazard. A number of people are reporting injuries from computers. Some of the more common injuries include:

1) Bumps and bruises. With computers getting smaller, it's become very easy to drop a laptop or computer part on one’s hand, foot, or lap. While computers are getting smaller, however, they still weigh enough to cause serious injury. It is also easy to bump into computers or computer desks. Securing computers to workstations is one way to avoid such injuries. Leaving plenty of space around computer work stations can also reduce injuries.

2) Trip and fall accidents. Wires and cords on the floor pose a tripping hazard. Wireless networks are a great way to avoid trip and fall injuries. Another option is to tie all cords together and tie them to the leg of the computer workstation, so that the cords and wires are safely out of the way. Some workplaces are even having sockets and power outlets installed above workstations, so that cords and wires are not dragging on the floor.

3) Burn injuries. Although it is rare, there have been a number of cases in which a computer has burst into flames or has overheated seriously enough to cause injury. Keeping computers up-to-date, replacing computers with faulty or damaged wiring, and keeping track of recalled computers is an important part of keeping computer safe.

4) Repetitive stress injuries. Hours working on the computer can cause stiff necks, lower back aches, and carpal tunnel syndrome. Repetitive stress injuries occur when a worker has worked in the same position for several hours. Switching tasks, using special supports for the wrists, and having an ergonomically designed workspace can help reduce such injuries significantly.

According to the American Journal Of Preventive Medicine, 9,300 people across the country sustain computer-caused injuries annually. By following a few simple tips, you can avoid these workplace dangers. You can also apply the same tips to your own home office or home computer.

Many workers compensation claims stem from back injuries sustained on the job. Lower back injuries, spinal cord injuries, and other serious injuries causing back pain are a common occurrence in the workplace. In fact, back injuries make up nearly 20% of all workplace-related injuries. They can occur in any industry, and the majority of them can be prevented. You can avoid the hassle of claims and the pain of injuries by following some basic guidelines to back health:

1) Get proper workplace training. If your job requires moving, lifting, or other heavy work, make sure that you get the training that teaches you exactly how to do these tasks without getting injured. Get retrained regularly to ensure that these techniques remain fresh in your mind.

2) Get regular exercise. Regular exercise, especially training of your abdominal back muscles, can help make your back stronger and can prevent back injuries. Also, train to make sure that your hips and hamstrings remain strong. This can also help prevent back injuries.

3) Wear proper work clothes. Wear no-slip shoes that will help prevent back accidents caused by slip and fall accidents. Make sure that your shoes are low heeled and that your clothes fit correctly and are comfortable. If you are required by your job to wear a uniform or work clothing issued by or place of employment, make sure that your clothing is well-fitted and in good condition. If it is not, ask for placement.

4) Quit smoking. Studies have shown that smokers have weaker spines, probably because smoking and the ingredients in cigarettes reduce blood flow to the spinal area. Smoking can also decrease the density of your bones, making you more susceptible to some types of injuries, including back injuries.

5) Practice good posture. Good posture ensures that your spine is in correct alignment and ready for tasks. When you work at your desk, keep your spine and your back straight so that you are less likely to sustain repetitive stress injuries. During the night, while you sleep, make sure that you continue your good posture by sleeping on a firm mattress.

6) Speak with your doctor if you have a job that puts a lot of strain on your back. If you have a job that requires lifting, moving, or sitting still for long periods of time at a desk, speak with your physician about ways to reduce possible stress and strain on your back. Your physician may be able to prescribe certain exercises or preventative measures that can help you avoid a back injury.

7) Maintain a healthy weight. Excess weight puts additional strain on all of your bones, including your spine. Additional weight can also throw your body out of balance, making you more susceptible to some types of injuries. Excess weight has also been shown to place additional strain on the back, causing back pain and other problems.

In Clearwater, Florida the case involving Robert Scott was recently settled. Scott was a Clearwater building inspector. He suffered a work-related accident on 27 August 2003. The back injury that resulted from the accident was serious enough to warrant surgery. Even after the surgery and intensive treatment, he still has physical restrictions as well as pain. Treatment is ongoing for the injury and in the meantime Scott is unable to resume his work as a building inspector.

Scott’s employment was terminated in February 2004. At that time, he took out his share of the pension fund provided by the city. Eventually, Scott also filed a suit against the city. Recently, a settlement was reached in the case. Outside counsel advised, and the city accepted, a full settlement of $150 000. The proceeds will be paid for the Central Insurance Fund belonging to the city.

The City Council unanimously accepted the mediator’s view that Scott should be paid in full. The recommendation made by outside counsel, Tim Jesaitis was accepted and it is expected that the May 17 decision by the city will be honoured.

The Clearwater case is not the only situation in which building inspectors and other professionals are injured on the job and face problems getting their workers’ compensation claims recognized. Although Scott is receiving disability payments, he had to pursue his claim from 2003 to this year in order to get the compensation he deserved.

Florida workers who suffer a personal injury on the job should always seek the help of a qualified Florida attorney. A good Florida lawyer can continue to pursue a case and continue to agitate for the full compensation that an injured worker it entitled to under the law.

Both Florida attorneys and the Florida Division of Workers' Compensation can provide answers about workplace injuries and insurance coverage for injured workers. If you have been injured in an accident at work, though, you may want some basic information about what will happen and what you can expect from workers’ compensation.

If you have been injured at work, you should seek medical attention right away. You should also report your injury as soon as possible. According to Florida Statutes Section 440.185 , you should report your injury no later than 30 days from the date of your injury or your claim may be affected. Your employer should report the injury promptly, no later than seven days after they first become aware of the injury. Within three days of your employer reporting the incident, the insurance company will send you a brochure explaining your rights and responsibilities under workers' compensation law.

If you have not received a brochure from the insurance provider or if your employer refuses to contact the insurance company, Florida Statutes Section 440.185 allows you to report the injury directly to the insurance company. You can also seek help from the Employee Assistance Office (EAO) at (800) 342-1741. However, if your employer is trying to deny your injury or is refusing to report the injury, your best option may be to contact a qualified Florida attorney. The law team at Flaxman & Lopez has extensive experience in workers’ compensation cases and can help represent you.

According to Florida Statutes 440.13, workers’ compensation should cover your medical care, treatment, and any prescriptions that are related to your workplace injury. Your medical bills should be sent to your employer’s insurance. Under Florida law, you should also be compensated for time lost from work if your injury extends over 21 days. In a less serious injury, you may not be paid for the first seven days of disability.

Usually, your workers’ compensation benefit check will arrive bi-weekly and will be 66 and two-thirds percent of your average weekly wage. This income will not be taxed and you should receive your first check within 21 days from the time you reported your injury to your employer.

If you are having trouble getting the benefits you are entitled to or if you are not receiving your check, you can speak to an adjuster or claims representative at the insurance company or you can call the EAO. However, it may be a savvy idea to contact qualified Florida attorneys who can represent your case and can speak to the insurance company on your behalf. Also, keep in mind that under Florida Statutes Section 440.205, it is illegal for your employer to fire you because you have filed or are trying to file a workers' compensation claim. If you are having problems with your claim or if you are being terminated from your job because you are trying to file a claim, contact qualified Florida lawyers to help you.

Florida state laws and federal laws mean that most employers are legally required to provide a safe workplace. This means a workplace that is free from any dangers that are likely to cause harm or death to workers. An employee has a right to a safe workplace and has the right to complain to their employer about unsafe conditions. Employees also have the right to complain anonymously to federal or state agencies if a workplace is unsafe.

By law, workers cannot be punished for reporting unsafe workplaces. Unfortunately, this does not prevent some employers from changing an employee’s duties or position after a complaint. This is why many workers choose to appeal to agencies anonymously or seek legal help when facing employers over unsafe conditions.

Florida has workers’ compensation laws to protect any employees who are injured or killed on the job. These laws are meant to offer fixed money compensation and reduce the necessity of appealing to the courts for compensation. These laws also protect employers by placing limits on how much compensation can be awarded to employees. Under Florida’s laws, workers’ compensation offers workers with permanent total disability 66 2/3% of the average weekly wage. Temporary total disability usually is compensated with 66 2/3% of the average weekly wage, with a limit of 104 weeks for recovery. Permanent impairment benefits amount to 75% of the average weekly salary in most cases.

In the state of Florida, workers’ compensation is administered by the Florida Division of Workers’ Compensation. The program is designed to be fair to both employers and employees. Employees are given benefits for injuries they sustained during work and receive money to replace lost wages during recovery. For employers, the program helps prevent lawsuits, even in cases where the company was negligent.

Unfortunately, because of concerns of fraud, some claims are not given the attention they deserve. Some employers and workers’ compensation experts dismiss some cases as frivolous. Some workplace injuries result in trauma or injuries that cannot be easily appreciated. This leads some employees to be given smaller benefits than they require for their medical treatment. In cases where an employer was clearly negligent and failed to provide a safe workplace, employees feel that some legal action needs to be taken to prevent the same accident from happening to another worker.

Employees who have been injured should seek help immediately. Injured workers should get the best treatment possible and qualified medical help at once. It is also important that healthcare professionals document all the injuries and that proof is gathered of the injuries and of the manner in which they occurred. Any workplace accidents need to be reported right away. If adequate benefits are denied, a worker can appeal to an attorney for help in getting fair benefits and compensation.

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