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.
If you have been injured in the workplace, call The Law Offices of Flaxman & Lopez at 1- 800-535-2962 (1 800 5 FLAXMAN) if you need qualified Florida attorneys to help you. We can offer you a free, no obligation consultation to help you understand your legal options.