attorney fights for you

The Injury Law Firm Continues Fighting for You

Accidents haven’t stopped,
so we haven’t either.

We’re successfully navigating the ongoing pandemic by serving clients remotely and taking on your personal injury cases.

 


 

Communicating with Our Clients

As the pandemic has pushed law firms across the country to close down their offices, The South Florida Injury Law Firm has never stopped working. We know that you rely on us to provide professional legal services, which is why we made it a priority to use the right tools to help us work with our clients remotely.

 

 

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For immediate attention, our attorneys are always available to help by cell phone and text message. 

 


 

[icons size=’fa-2x’ custom_size=” icon=’fa-envelope’ type=’circle’ position=’left’ border=’no’ border_color=” icon_color=’#ffffff’ background_color=’#b11f35′ margin=” icon_animation=” icon_animation_delay=” link=” target=’_self’] By Email

Just as we’ve always done, our team is working with clients through email. 

 


 

[icons size=’fa-2x’ custom_size=” icon=’fa-video-camera’ type=’circle’ position=’left’ border=’no’ border_color=” icon_color=’#ffffff’ background_color=’#b11f35′ margin=” icon_animation=” icon_animation_delay=” link=” target=’_self’] By video conference

Our firm is able to offer help to potential clients by having virtual meetings through Zoom and enabling face-to-face communication. Video conferencing makes it more efficient to talk to not only clients but our staff too as we manage the law firm remotely. 

 


 

 

 

 

Serving South Florida

In Florida, Broward County tops the charts with the most auto accidents of any county. These accidents impact thousands of residents each year, but many victims aren’t sure what to do about their injuries or damaged property. Trying to get help from their car insurance company proves frustrating and they often accept wholly undervalued settlement offers.

 

 

The South Florida Injury Law Firm proudly serves Dade, Broward and Palm Beach Counties

 

 

Collecting Signatures

We’ve gone paperless! Given recent social distancing guidelines, we’re using the latest tech to help collect signatures safely and remotely. Do you think you have a case? Right now, we’re able to help you securely sign up from the comfort of your home using e-signature technology, Docusign. You won’t have to worry about showing up in person again.

 

 

 

connecting with south florida injury law

Online Presence

We’ve always believed in having a strong online presence to offer information to potential clients in any of their desired outlets.

 

Our website is easy to find and navigate so you can learn more about the legal services we offer, our attorneys, and results. You can also find all our contact information on our website and social media platforms. And if you think you have a case, you may fill out our convenient online form for a free case evaluation.

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You can also find all our contact information on our website and social media platforms.

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Let Us Handle Your Case Remotely

The South Florida Injury Law Firm continues fighting for you anytime, anywhere. Our attorneys are happy to speak with you by phone or video conference without having to worry about going out to another public place and risking exposure.

To contact an accident lawyer, you can call The South Florida Injury Law Firm anytime at (954) 488-JEFF – we’re available seven days a week, 24 hours a day. Complete our online form to get a free case evaluation. Remember, the consultation is completely free! That means you don’t owe us anything until we recover for you.

Construction cranes of high-rise residential buildings in the big city, view of the evening sky

Crane Accidents and Construction Injuries

Crane Accidents and Construction Injuries 1 Work Related Injuries South Florida Injury Law Firm

 

Imagine sleeping soundly in bed and then a loud crashing crane comes through your roof.
It was a scene that happened this week in North Miami Beach, where a crane that was being used to repair a seawall slid off a barge and struck the roof of a condominium building.

“I was very lucky because that crane was in front of my apartment two days ago.” said by C. Spetsiotas, a resident of the condo.

 

Eight units of the building are now off-limits while structural engineers assess the safety of the building. The U.S. Coast Guard is also investigating, along with OSHA

Crane accidents have happened in the past, with unfortunately worse outcomes. In Hallandale Beach, a 27 year old was killed when a crane toppled over.  One man died and two others were left injured in Hollywood when the scaffolding collapsed.

 

Causes of Construction Accidents


 

Florida construction sites are littered with hazards at every turn. To execute dangerous tasks that these projects require, heavy construction equipment and tools are used, many of which are performed at great heights and under extremely hazardous conditions.

Although federal and state laws that require employers to maintain a safe workplace, some do not. There are instances where contractors take shortcuts to turnaround projects faster and reduce expenses, posing a risk to people who work on the sites and the local pedestrians.

 

Some common causes of construction accidents include:

 

  • Cranes, ladders and fixtures falling from buildings and walls
  • Toxic substance exposure
  • Defective construction and tool equipment
  • Improper use of equipment
  • Improper or insufficient training
  • Misuse of tools and other equipment
  • Poor safety precautions and oversight

 

 

Construction Site Safety and Your Rights


Crane Accidents and Construction Injuries 3 Work Related Injuries South Florida Injury Law Firm

Safety measures on construction sites are supposed to be followed by the Occupational Safety and Health Administration (OSHA) standards.  There are clear standards for cranes, crane operations, crane training, fall protection, scaffolding, ladders, hazard communication, machinery, and many other aspects of a construction site project and operations. A party’s failure to abide by OSHA standards may be evidence of negligence if that failure caused an accident.

If you or someone you know have suffered any construction related injuries, or others that are not listed, compensation may be awarded and should contact our experienced Florida construction accident lawyers at South Florida Injury Law Firm today to discuss your legal options with our Free Case Review

Also, you may be entitled to recover more money than a workers’ compensation claim alone could provide. You may also have claims for medical bills, pain and suffering, permanent limitations and past and future lost earnings.

Because of the numerous contractors, subcontractors and other parties often involved in construction sites, it can be difficult to determine exactly who should be held responsible for your injuries or the death of a loved one.

 

 

 

Types of Available Compensation


 

Workers’ Compensation
Almost every employer is required to carry workers’ compensation insurance. These benefits can help an injured worker cover medical expenses and lost wages and are available to a worker regardless of the circumstances surrounding an accident that causes injury.

 

Personal Injury
Although a worker cannot file an injury lawsuit against their employer, it may be possible to file a claim against a third party whose negligent actions led to your injury. A personal injury claim is also available to non-workers who are injured on a construction site.

 

Product Liability
If a defective product caused your injuries, it may be possible to bring a claim against the manufacturer, retailer or wholesaler of that product.

 

Wrongful Death
If you have lost a loved one in a construction accident, you may be entitled to file a wrongful death lawsuit seeking compensation for your loss.

 

 

Construction Related Accident and Injury Help


 

With decades of experience handling these types of complex cases, our South Florida Injury Law Firm construction accident lawyers have the skills and the resources needed to conduct a thorough investigation. You can rely on us to put your interests first and will work to help you recover the maximum compensation you are entitled.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

Florida Construction Worker Falls Three Stories, Nearly Dies

Florida Construction Worker Falls Three Stories, Nearly Dies

 

Construction work is no easy feat. There are many risks of working in construction, and workers have to take many precautions to stay safe.

 

If those precautions are not followed to the letter, workers face serious injuries in a variety of different ways. Even a simple slip and fall and turn deadly. Just look at what happened in Fort Lauderdale last month.

 

Three-Story Fall Causes Life Threatening Injuries Despite Harness

 

A construction worker in Fort Lauderdale took safety precautions, including wearing a harness, before moving materials three stories off the ground. Still, when he fell, the man sustained life threatening injuries.

 

Currently, OSHA is investigating the accident, but we don’t have much more information. What we do know, however, is that this type of fall has already killed construction workers in Florida this year.

 

Another notable headline from the year so far includes Florida construction workers left dangling from building after scaffolding collapsed underneath their feet.

 

What is causing all of these accidents?

 

One possible answer may be lack of training. Even though the man in Fort Lauderdale took precautions to be safe, there are no reports about his training in the field.

 

Some construction workers in Florida say that proper training can prevent most of these accidents. Christopher Morrison, the state training coordinator for the Florida Carpenters Regional Council, says “there are only two things that will make a scaffold collapse: improper erection or one of the parts and pieces being damaged.”

 

South Florida is currently booming with construction, which often puts pressures on employers to get workers started on projects without the proper training. While this might not seem like a big deal, it’s bad for everyone involved. A major accident or death not only impacts any workers involved, it puts all eyes on the employers, and end up being very costly.

 

Common Construction Accidents in Florida

 

Common Construction Accidents in Florida

While falls are one of the most dangerous and common accidents in construction, Florida construction workers have to deal with many other dangers while they are on the job. Some of the daily risks for construction workers include:

 

Exposure to Asbestos, Lead, Etc. Tearing down older buildings often leads to lead paint or asbestos exposure. Both of these substances can cause major health risks later on in life. Workers may not even know that asbestos or lead were present at a job site until it is decades too late.

 

Falling Objects. A yellow helmet may prevent head injuries from many falling objects, but unfortunately there are certain items and materials that can cause serious injuries no matter how strong your helmet is. In fact, 90 construction workers were killed in 2015 after being struck by an object.

 

Electrical Accidents. Electric work is certainly not a job for the untrained worker. Even on the job site, only certain workers are allowed to install electricity. Electrocutions are one of the top causes of death in construction work.

 

Collapsing and Crushing Objects. Getting crushed by a collapsing building, scaffolding, elevator, is one of the most serious construction accidents a worker can experience. Not only is it a top reason for construction worker deaths, workers also face losing limbs or other serious bodily injuries from getting crushed.

 

What to Do If You Have Been Injured

 

Fort Lauderdale Construction Accident Lawyers

For those who are lucky enough to survive a serious construction accident, the pain doesn’t stop with physical symptoms. You may lose the ability to work and earn an income, at least temporarily, and medical bills add up quickly.

 

However, if you did not receive proper training before you set out on the job site, your injuries may not be entirely your fault. This goes for any other construction workers who were on the job with you as well.

 

For example, if a new guy didn’t receive proper training before setting up the scaffolding that you fell from, you may be able to ask for compensation from your employer because they were negligent in providing employees with the necessary training.

 

This is just one way that the negligence of others can lead to a construction accident. There are countless others.

 

After an accident, you may be approached by a lawyer or an insurance company that offers you a settlement outside of court. Or you may face having to deal with an employer who refuses to take responsibility for your accident and tries to leave you high and dry.

Don’t just accept your fate – contact a knowledgeable construction accident lawyer. You may be afraid to speak out due to your employment status, but even if you were not working legally, you still have a right to compensation from a negligent employer.

 

You need to act fast, though. As we speak, lawmakers are trying to change workers’ compensation laws, and your ability to get compensation may be at risk.

 

Start fighting for your family and your future today by reaching out to a South Florida personal injury lawyer.

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Florida Bill Aims to Change Workers' Compensation

Florida Bill Aims to Change Workers’ Compensation

Florida Bill Aims to Change Workers' Compensation

It is no secret that workers’ compensation in Florida needs some reform. This year, Florida lawmakers are looking to tackle the issue, but some proposed bills are running into roadblocks.

 

Below, we’re going to detail the proposed bills, the reasons they are facing difficulties, and how reform may change the way Workers’ comp is handled in Florida.

 

HB 1107: Exempting Injured Workers’ Data From Public Disclosure

 

The first bill, HB 1107, is relatively simple. Currently, when an employee reports an injury, their personal data is collected and made public. This has benefits and drawbacks for victims and lawyers alike. If a Workers’ data is public, it is possible for lawyers to do a little research on them before deciding to take them on as a client. For example, if a victim has previous injuries that may interfere with the current lawsuit, lawyers can learn about them ahead of time.

 

On the other hand, supporters of HB 1107 argue that personal data out in the public gives unscrupulous attorneys the ability to take advantage of injured clients. If you’ve ever gotten a letter in the mail from a lawyer promising you “big cash fast,” you know you should probably stay away.

 

South Florida Workers Comp Lawyers

Personal injury attorneys and related professionals who just want a quick buck from clients get all of their information from these databases. HB 1107 prevents injured workers from having to pay excess fees to a lawyer who doesn’t want to put in the work for their clients.

 

HB 7085: Even More about Attorney Compensation

 

One of the biggest issues in workers’ compensation is the cost of lawyers. Last year, a Florida Supreme Court case ruled that limits on attorney fees were unconstitutional. However, many advocates of workers’ comp reform argue that these limits need to be put in place.

 

These fees aren’t paid by the victims, though, but rather insurance companies and employers after they have denied employees benefits. In fact, most reputable lawyers receive no payment unless and until they win compensation for their clients.

 

HB 7085 seeks to change this. What is the proposed solution?

 

Initially, HB 7085 said that the solution was $250 an hour. There is also another bill in the Senate, SB 1582, which includes this limit.

 

However, the House bill was overhauled and changed in early April. Representative Sean Shaw argued that the initial maximums would limit the ability of workers to get the benefits that they had been denied because it was still too high. In the new version of the bill, the maximum fee was reduced to $150 an hour, with a detailed explanation of how fees would be determined.

 

If the goal is to make personal injury claims more “victim-friendly,” though, why include language that would require some employees to pick up the bill if they make a baseless claim? Moreover, capping attorney fees could also mean that some lawyers need to take on more clients, giving them less time to devote to each individual case. The only ones to benefit from that situation would be the companies themselves.

 

SB 1582: Occupational Hazards, Other Provisions

 

HB 7085’s partner bill, SB 1582, has recently passed the Appropriations Committee but still has to be voted on by the entire Senate. While attorney rates are the main focus of people debating SB 1582, it is important to know what else may change if the bill passes.

 

One change is adding two occupational hazards for Florida’s firefighters. The bill would add multiple myeloma and non-Hogkin’s lymphoma as occupational risks. The Center of Disease Prevention and Control has recently found evidence that firefighters are at a higher risk for these two cancers.

 

The bill also includes provisions that would affect insurance companies. Under SB 1582, insurance companies could file their own rates, and would not have to include defense costs in those rates. Currently, insurance companies have to file through the National Council on Compensation insurance.

 

What Happens Next?

 

Work Injury Lawyer Boca Raton

SB 1582 and HB 7085 approach workers’ comp in two different ways. They still have a long way to go before they become laws, so right now is your time to speak out. If either of these bills could have an effect on you as a victim, employer, insurance carrier, or medical provider, call your local representatives and express your opinion.

 

There’s still a lot of debate amongst lawmakers in regards to how workers’ comp should be addressed, and an overwhelming show of support – or opposition – from constituents may sway representatives one way or the other.

 

 

If you have been injured at work, you may already know that the process of receiving workers’ compensation in Florida is quite complicated. Adding new laws and regulations may make the process slower. On top of that, you may want to consider filing a claim against a third-party that contributed to your injuries.

 

With all of the variables and complexities, legal counsel is definitely something that makes the process to more smoothly. To learn more about workers’ comp and third-party claims in Florida, get in touch with a workers’ compensation lawyer today.

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

What to Do If You’ve Been Injured at Work

What to Do If You’ve Been Injured at Work

What to Do If You’ve Been Injured at Work

 

No one plans for an injury, but sometimes accidents happen. And an injury, depending how severe, can put you out of commission for a while, affecting all aspects of your life.

 

That’s why it’s important to be prepared – especially if get injured while you’re on the job. If you are hurt at work, you want to make sure you handle everything properly in order to ensure you receive any Workers’ Compensation benefits you may be entitled to.

 

So let’s look at what steps you should take in the event you’re injured at work.

 

Tell your employer immediately. You are required to report a work accident or job-related injury within 30 days of your knowledge of the accident or injury. After you tell your employer about the incident, ask what doctor you can see. Since your employer is responsible for providing medical treatment, you are only allowed to see a doctor authorized by your insurance company or your employer.

 

If your injury is an emergency and your employer isn’t available to tell you where to go for medical treatment, go to the closest emergency room and tell your employer as soon as possible.

 

Report the accident to the insurance company. You or your employer will have to report the accident to your insurance company. Usually within 24 hours after an accident has been reported, an insurance claim adjuster will call you to explain your rights and obligations.

 

A few days later, you will receive a brochure and a Notification Letter that explains the services provided by the Employee Assistance Office of the Division of Workers’ Compensation. You may also receive:

 

  • A copy of your accident report – check to make sure it’s correct
  • A fraud statement that needs to be read and signed
  • A medical records release that also needs to be signed
  • Medical mileage reimbursement forms

 

Boca Raton Work Injury Attorney

 

Go to a doctor. If it’s not an emergency, make a doctor’s appointment and give the doctor a full description of how you were injured. Answer all of the doctor’s questions, discuss if the injury is work-related, and then find out if you are able to work or not. Make sure you keep and attend all appointments so your benefits won’t get suspended.

 

Talk to your employer after seeing a doctor. Discuss what the doctor said about what work you can and can’t do and give your employer your doctor’s note. Ask your employer if they have work that you are able to do. If they do, find out when you need to report. If they don’t, have them contact you when appropriate work is available.

 

Also, contact your insurance company to let them know what the doctor said about your injuries as well as your work status.

 

At this point, your insurance company will assess your claim and determine if you’re entitled to any benefits. Benefits could include:

 

  • Indemnity benefits: Money that can partly replace what you were unable to take home after the accident if you can’t work for more than 7 days.
  • Temporary total disability: If you are unable to work at all.
  • Temporary partial disability: If you can return to work, but you can’t earn the same wages.
  • Impairment benefits: If you are permanently impaired once your doctor says you are at Maximum Medical Improvement.

 

The entire process can be stressful and overwhelming, but it’s necessary if you want to be compensated for your injuries. If at any point you have a dispute with your employer, the insurance company, or simply want to make sure you are receiving your due benefits, contact an experienced Florida workers’ compensation attorney to protect your rights.

 

 

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

5 Steps to Take If You’re Injured at Work

5 Steps to Take If You’re Injured at Work

5 Steps to Take If You’re Injured at Work

 

No one ever expects to become injured on the job, but it happens. Each year, more than 4.1 million people in the U.S. suffer an occupational illness or workplace injury. If the injury is severe, you may experience physical pain or discomfort and stress due to money worries and your future.

 

If you’re involved in a work-related accident, it’s important to act quickly to protect any injury claims you make with a workers’ compensation insurer. Follow these crucial steps if you ever become injured at work.

 

1. Report the Injury. One of the first things you’ll want to do after getting injured on the job is to report it to the proper parties. While it may seem like a good idea to wait if the injury doesn’t require immediate attention, this can lead to serious consequences.

 

If an accident is not promptly reported, an employer can deny you benefits for medical treatment and time missed from work. Your employer may also deny the accident occurred at work.

 

2. Have Your Supervisor Prepare an Accident Report. If your supervisor doesn’t immediately prepare an accident report, ask him or her to do so. Then make sure that you are given a copy of the accident report, and be sure to keep it in a safe place in case you need it later.

 

If he or she refuses to prepare the report, write a letter that details the accident and present a copy to the supervisor. Remember to write down all pertinent information regarding the incident, such as the date, time, location, and witnesses.

 

3. Undergo a Medical Evaluation. Once your employer has been notified of the incident, it’s crucial to undergo a medical evaluation to determine the extent of your injuries.

 

In Florida, a medical provider must be authorized by your employer or the insurance company if you wish to be compensated for any medical care, treatments, or prescriptions related to our injury. Be sure to follow all medical instructions provided by medical staff regarding your injury.

 

Boca Raton Work Injury Lawyer

 

 

4. File for Workers’ Compensation. If you become injured on the job in the state of Florida, you will likely be eligible for a Workers’ compensation claim. Florida requires you to report a work-related incident within 30 days of the date of the accident. Failure to meet this deadline could result in a denial.

 

To file, ask your employer for the necessary forms, or get them from the Employee Assistance Office for the Florida Department of Workers’ Compensation.

 

5. Contact an Attorney. Some people choose to handle their personal injury claims on their own to save on legal fees. However, more complex situations require the expertise of a workers’ compensation attorney. If you’ve been seriously injured, having a lawyer to protect your rights can give you peace of mind and security as you heal. A skilled personal injury attorney will go above and beyond to reach a settlement in which you consider fair.

 

If you become injured at work, you may be looking at lost wages, pain and suffering, and growing medical bills that make it difficult to live a normal life. You deserve compensation for your work-related injuries, and you have a right to it under the law. But only if you take the proper steps to get it follow the incident.

 

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

4 Things to Know About Work Injuries in Florida

4 Things to Know About Work Injuries in Florida

4 Things to Know About Work Injuries in Florida

 

Injuries on the job, no matter what the job is, are incredibly common. So common, in fact, that many employers make their employees sign contracts claiming they will not sue or seek restitution in the event that they are injured on the job. This is unconstitutional, and the state laws of Florida require that companies (with a few exceptions) have a workers’ compensation plan in place.

 

But that does not mean that it’s easy to get workers’ compensation. Many people are shocked to find themselves having to fight tooth and nail to receive compensation for a work injury. If you find yourself in this position, it may be time to find an experienced Florida workers’ compensation attorney. There are also a few things you should know about Florida’s laws regarding workplace injuries.

 

Reporting Injuries

 

When you are injured on the job, you may be afraid to let your supervisor or boss know what happened. Whether you’re afraid of getting fired, afraid of being placed on leave, or you just don’t see what the big deal is, you need to tell a superior what happened. In fact, reporting an incident within 30 days is required. If you don’t do this, your attempt to file for Workers’ compensation will be flatly denied. The only exception is if you were awaiting a doctor’s opinion, and appointments were unavailable within that 30-day window.

 

Once you have told your supervisor or boss, they are then obligated to report the injury to the insurance company with seven days of your notification. From there, the insurance company has three days to send you information on compensation and how to file a claim. If your direct superior will not report the injury, you can either do so yourself or seek help through the Division of Workers’ Compensation.

 

Maintaining Employment

 

As mentioned before, many people are concerned about losing their job if they have to report an injury or file an insurance claim. In the event that you are in fact injured on the job, keep in mind that you are entitled to medical care and compensation should the injury require either. Also keep in mind that your employer cannot fire you because you filed a Workers’ compensation claim, or because you’re out of work due to the injury sustained on their site.

 

However, your place of employment doesn’t have to hold your job for you. In other words, if you’re out for an extended period of time, you may no longer have your job title when you return.

 

In some cases, the injury sustained means that you cannot carry on at the position you were injured in (think of construction workers who can no longer lift heavy weights). In such a case, the state will provide training in other areas and help you (cost-free) to find another form of gainful employment. You may also be able to draw on disability or extended compensation from the company or insurance agency if such a traumatic injury occurs.

 

Boca Raton Work Injury Lawyer

 

Income and Expenses

 

The first that runs through your mind when you get injured at work is, “How am I going to keep working? What will I do if I can’t earn a living?”

 

Many Americans are faced with living paycheck to paycheck, and an injury that knocks you out for any period of time can majorly hit your personal finances. With a Florida workers’ compensation claim, you are guaranteed 66.6% of your weekly income paid biweekly by the insurance company. They calculate your weekly income based on the past 13 weeks (not including the week you were injured), and will use another person as reference if you are only a part-time employee.

 

Of course, this is all assuming that your file is cleared through insurance and you’re found to be legitimately injured on the job. You also have the option of filing for disability in addition to your workers’ compensation claim. Keep in mind, however, that between disability and your workers’ compensation claim, you’re only allowed to bring in 80% of your previous income. And once your workers’ compensation claim dries up, you will have to rely solely on disability, or file for a settlement with the company or insurance group.

 

West Palm Beach Workers Compensation Attorney

 

Settlements

 

Sometimes, injuries go well beyond accidents and simple mistakes made on the job. Sometimes, work conditions are downright dangerous, machinery is faulty, or severe neglect has led to your injury.

 

In such an event, a simple insurance claim might not cut it. You may be entitled to a settlement from the company, the manufacturer, the owner, the insurance agency, or whatever party may be involved in causing your injury. When it comes to workers’ injury settlements, getting a knowledgeable lawyer in your corner with a track record of success in this area can help you to ensure you receive enough compensation to help you recover fully.

 

 

Hurt at Work - What is Third-Party Liability

Hurt at Work: What is Third-Party Liability?

Hurt at Work - What is Third-Party Liability

When it comes to injuries in the workplace, the legal side of things can be complex. Under Florida law, you are entitle to recover Workers’ compensation benefits if you are injured while working at your place of employment. By accepting workers compensation, you agree to not sue your employer for any carelessness or wrongdoing that caused your injury.

 

But what if someone contributed to your injury that was neither your employer nor your coworker? In this scenario, you may be able to file a third-party negligence claim against the at-fault person or entity.

 

Third party liability is a personal injury claim filed against a party who has little or no connection to your employer’s business. By filing a successful third party liability claim, you may be able to recover compensation in addition to Workers’ comp. benefits.

 

Common Third-Party Liability Accidents in the Workplace

 

Third party liability accidents at the workplace come in many forms and are caused by many different types of individuals and entities. Some of the most common third-party liability accidents in the workplace include:

 

Auto accidents. This is one of the most common examples of third-party liability accidents. Negligent, distracted, or drunk drivers can pose a threat if you often drive as part of your work responsibilities. If you are injured by another driver while driving for your job, you may be able to hold the at-fault driver accountable through a third-party liability claim.

 

South Florida Auto Accident Lawyer

Malfunctioning or defective equipment. Equipment, machinery, or gear can cause serious harm if it malfunctions or breaks. If a defective or malfunctioning product caused you harm, you may be able to file a claim against the manufacturer.

 

Toxic or hazardous substances. Similarly, you may be able to file a claim against a manufacturer if their product exposed you to a toxic or unsafe substance. Additionally, if protective gear failed to protect you properly from exposure to a toxic substance, you may be able to file a claim against the manufacturer of that equipment.

 

Unsafe premises. If you work on a jobsite owned by a third party—such as a construction site—the owner of that property has a duty to provide a safe environment for workers and guests. That includes posting proper signage, installing appropriate safety measures, and providing adequate security. When property owners fail to provide safe conditions for workers, they may be held liable for any resulting harm or injuries suffered on their property.

 

Hazardous structures. Builders, architects, and engineers may be held responsible for poor design or negligent construction supervision if the structure fails. If a floor, wall, scaffolding, or other structural component fails at your jobsite or place of employment, you may be able to hold the supervisors in charge of design or construction accountable for any resulting injuries.

 

Third-party workers. Third-party workers could include contractors, subcontractors, and employees from other companies that work on or near your jobsite. If such employees fail to follow safety protocols or other appropriate procedures, their carelessness can cause you harm. In this scenario, you may be able to file a case against their company of employment, since employers are often liable for the misconduct of their employees.

 

If You Have Been Injured at Work

 

It can be incredibly stressful to be injured at your place of employment, since you may be left with costly medical bills and lost wages in addition to the pain you suffer. Unfortunately, it’s not always easy to get the compensation you need.

 

Boca Raton Work Injury Attorney

If you have been injured while on the job, be sure to talk to a personal injury lawyer about your right to file a third-party liability claim. Workers’ compensation is limited, and may not be sufficient to cover all of your medical bills, recovery-related expenses, and overall pain and suffering. If your injury was caused by the negligence of someone other than your employer or coworker, you have a right to seek additional compensation in the form of a third party liability suit. By filing such a claim, you may be able to hold the third party or parties responsible for the harm they’ve caused, and recover adequate compensation to heal and move on with your life.

 

A Florida personal injury lawyer with experience in Workers’ rights can help you determine what parties may be held responsible for your workplace injury. Your attorney will be able to evaluate your unique situation through thorough investigation into any existing third-party negligence, and using his or her unique understanding of laws regarding injuries in the workplace. With a talented attorney on your side, you are in a better position to obtain the compensation you deserve.

 

Boca Raton Work Accidents

How Safe Is Your Office Workplace?

Boca Raton Work Accidents

If you have a desk job, you probably don’t go into work every morning worrying about being injured. You go to the same office every day and have a routine down, so what could possibly go wrong? Unfortunately, settling into that sense of complacency may actually put you at greater risk for being involved in a workplace accident. When you work in the same place and do the same things on a day-to-day basis, it becomes easier to miss the signs of a potential accident hazard.

 

According to the latest data available from the Bureau of Labor Statistics and the Occupational Safety & Health Administration, there were 4,628 deaths on-the-job in 2012, and an average of 10.9 worker illnesses and injuries per 100 workers in 2011. While about 19% of these accidents occurred in the construction industry, workplace accidents can happen anywhere, even in a seemingly safe office.

 

Whether you’ve been tasked with risk management in your office or you just want to take it upon yourself to make your office a safer place, there are steps you can take to identify potential hazards and minimize the odds of someone experiencing a serious accident. Here are a few things you can do.

 

Ask Coworkers and Other Building Employees If They’ve Noticed Any Hazards

 

To start out, you should ask around your office to see if anyone else has noticed any potential hazards. It can be easy to miss a potential danger when you’re looking on your own, but asking around gives you more sets of eyes to spot problems. For example, maybe you never notice the uneven steps at your building’s back entrance because you always go in the front, but another coworker typically parks in back and has tripped on those steps several times. When you get coworkers to help you identify risks, you’ll get a more thorough understanding of what needs to change in your building.

 

Walk around and Look for Common Tripping Hazards

 

Boca Raton Work Hazrds

The most common types of general industry workplace accidents are slips, trips, and falls, so take the time to walk around your workplace and check for potential tripping or slipping hazards. Divide your building into different areas and look for these common risk factors:

 

  • Outdoors: wet grass, moss, mud, or piles of leaves built-up around walkways; cracks or hard-to-see uneven sections on a walkway; holes or potholes in the parking lot or on walkways
  • Entrance: slippery door mats or mats that do not lie flush with the floor; puddles of water or piles of debris that workers may have tracked in; hard-to-see cables on the ground
  • Stairs: hard-to-see or damaged edge of stairs, inconsistent height and tread of steps; loose handrails
  • Office: tripping hazards such as power cords, open drawers, boxes, or other office equipment; burnt out lights that make it difficult to see tripping hazards; loose tiles, carpet, or other flooring material

 

Look at History of Accidents in the Building

 

If you have access to files on workplace accidents in your building, you should review these documents to identify any potential accident factors you may have missed. In some cases, the cause of the accident may have already been remedied (for example, if someone fell and hurt themselves on uneven pavement, the building may have either fixed the walkway or painted the uneven area to make it more visible), but in some cases, you may discover that the cause is still a potential danger that needs to be taken care of.

 

Talk to Your Employer or Building Manager

 

How Safe is Your Workplace

There are some accident risk factors that you and your coworkers will be able to resolve fairly easily on your own. For example, you should make it a policy to immediately clean up any spills, keep cables away from busy walkways, and always close low drawers when they’re not in use. However, there may also be some structural risk factors that cannot be as easily resolved. To take care of these bigger problems, talk to your employer or the building manager. If the property owner is aware of a potential accident risk, they have to take care of it or risk being held liable in the event of an injury.

 

If the building manager or property owner fails to make repairs even after they’ve been alerted to the problem and you or one of your coworkers suffers an injury as a result, the best thing you can do is talk to a personal injury attorney and take legal action. By holding the property owner responsible, you can get them to repair the dangerous area, potentially saving others from experiencing the same type of accident.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Boca Raton Construction Accident Lawyer

6 Reasons Why Construction Accidents Will Continue to Claim Innocent Lives

Boca Raton Construction Accident Lawyer
Some jobs certainly don’t attract as much attention as others. For instance, telling someone you work as a plumber or on a construction site may not impress them as much as telling them you are an architect, photojournalist, or an astronaut. But construction jobs are some of the most underrated, if not for the growth and rewarding opportunities, then at least for the many dangers and risks workers are constantly exposed to. It may not be included in the job description, but working on construction sites often leads to injury, long-term disability, and death.

 

According to numbers published by the Occupational Safety & Health Administration, 3,945 workers died in private industries in 2012, of which nearly 20 percent were from the construction industry. The “Fatal Four” reasons of accidents of the industry include:

 

  • Falls – the number one reason for worker injuries and fatalities, accounting for 36 percent of all deaths in the construction industry.
  • Electrocutions – More than 60 people have been electrocuted, accounting for 9 percent of all deaths in the construction industry.
  • Hit by object – considering the size and weight of materials and equipment used on construction sites, any contact between them and workers is likely to result in injury and even death. 78 workers were struck by objects in 2012, making up 10 percent of all fatalities in the construction industry.
  • Caught in/between – 2 percent of workers who are caught in/between equipment on construction sites lose their lives (13 people died this way in 2012).

 

Despite the numerous efforts of OHSA to increase workers’ safety and bring forth effective ways to prevent injury and fatality in the workplace, the rate of injury and death has not decreased proportionally to their efforts. Workers may be much safer now than ten years ago (6,217 deaths in 1992 compared to 4,383 in 2012), but numbers provided by the Bureau of Labor Statistics show no significant difference between the rate of fatality reported between 2009 and 2012. For instance, the number of fatalities in 2009 was 879, only slightly higher than that recorded in 2012, of 849; the rate of injury and illness cases per 100 workers has dropped only by a few percentages from 2009 to 2012. Whether due to faulty equipment, poor communication between team members, or improper risk management training, workers continue to lose their lives in the workplace. Here are six reasons why:

 

1. Attitude of Workers towards Safety

 

Work Accident Lawyer in Boca Raton

Basically, all workers are informed and well aware of the safety precautions and dangers they’re exposed to. However, their attitude towards safety depends largely on age and experience, according to the results of the Safety Attitude Questionnaire (SAQ). For instance, the older workers with more experience may be less careful around equipment, thinking that accidents will not happen to them or, in any way, confident they can handle unforeseen situations with success. On the other hand, younger employees pay more attention to work safety and usually take more precaution measures at work.

 

2. Erring on the Human Side

 

No matter what safety precautions are implemented in the workplace, scientists believe there are certain permanent characteristics in a worker that make him/her more likely to cause or be involved in an accident. The Behavior Models, the Human Factors Models, and the Ferrel Theory are some of the theories pointing to human error as the root cause of workplace accidents, while also describing different corrective actions to eliminate it.

 

3. Poor Communication and Dissension between Team Members

 

An older report from Stanford University titled “Safety Problems in On-site Construction Work Processes” revealed that the lack of collaboration, poor communication between members of different departments, and dissension can lead to injuries in the workplace:

 

“In construction sites of this general constructor, verbal or written instructions of safety work procedures are offered by on-the -spot decision making at crew safety meetings or in planning and allocation daily meetings. One of those instructions is that every worker regardless of their position has to participate to keep the workplace in good housekeeping order. Nonetheless, because insufficient instruction, inadequate plans and workers’ negative attitude towards the supervisor, present construction sites are often cluttered with tools, packaging materials and waste materials such as, wood shaving, defective nails and boards. The conditions frequently result in human error occurrence associated with stumbling or slipping and stepping on sharp objects.”

 

4. Workplace factors

 

Construction Accidents

Aside from human error, many construction workplace accidents are attributed to faulty equipment and tools, as well as unsafe work areas. Uncovered holes, trenches, exposed stakes, and rebars may pose hazards to those coming across them, usually leading to injuries due to slips and falls.

 

Workers who go near an open-sided floor without paying attention to his steps may fall and get injured; the same may happen with workers who use staircases that have no handrails, offering no support during the climbing and causing workers to land on their sides or injure their heads. Stepladders are also a very important component among workplace factors likely to cause injury and long-term disability. Accidents occur when workers either fall from a tipped-over stepladder, leave tools on the top platform and then these fall on someone else’s head, or the ladder may simply break under the weight of a worker equipped with heavy tools.

 

Falling roofs are one of the leading causes of workplace accidents where no fall protection is ensured. Scaffolding problems that occur when someone unauthorized to erect scaffolds may overlook potential dangers, leading to materials falling off scaffolds and workers working on inferior levels getting hurt. When working in construction and using power tools, it seems like a no brainer to use protective equipment such as appropriate ear and eye protection, considering that a nail is shot from a gun with the same force as a .22 caliber bullet. Also, not wearing protective gloves and helmets may result in cuts and amputations.

 

5. Improper Risk Management Training

 

Risk Management Training

In a construction project, risk management’s goal is to identify the factors that might negatively influence or impact the cost schedule or quality objectives of the project and proceed to implement corrective measures to mitigate these risks. The riskier an activity is, the more dramatic will be the consequences of errors, thus risk management works by implementing measures to reduce the level of risk to a minimum.

 

According to a paper by researchers at the Engineering Management Department Center for Advanced Studies in Engineering, risks associated with the construction industry may be:

 

  • Technical: inadequate site investigation, improper design, low-quality materials
  • Logistical: proper transportation facilities and sufficient resources for construction equipment such as spare parts, fuel, and operators
  • Management related risks: industrial relation problems, uncertain productivity of resources
  • Environmental risks: natural disasters, weather implications
  • Financial risks: inflation, delay in payment

 

Some of the benefits of effective risk management training implementation include minimizing uncertainty on projects, better decision-making processes, providing focus on essential problems, better work planning, easier to identify accountability, etc.

 

Risk management training is probably the most challenging – and less emphasized – part of a construction project. Project managers should be able to recognize and identify the causes of risk and trace them to their consequence. The use of risk management training from the early stages of a construction project, where essential aspects regarding quality of materials and labor are still not decided, is crucial for the outcome of the entire project and for making use effectively of the available resources.

 

6.  Superficial accident investigation and under-reporting

 

Boca Raton Work Injury Lawyer

Because construction accidents can rarely be attributed to a single cause, one of the most effective prevention methods includes accident investigation. Identifying the causes of an accident enables managers and owners to take proactive steps into controlling or eliminating so that the chance of similar future accidents is slim.

 

To be able to explain how an accident has happened – and how it can be prevented in the future – investigators must gather information and analyze the events surrounding the incident. Having this data, they should be able to identify the workplace conditions by looking at physical evidence and also eyewitness testimony. All these steps must be done immediately following the accident to ensure the best outcome, but most often, things are quite the opposite. Little attention is paid to workers injured on the job, if their injuries aren’t severe, and when they do have a case and are ready to file a claim, companies force them to accept unjust payouts.

 

Not to mention that only an insignificant percent of all construction injuries are actually reported, for various reasons: employers may not consider the injury work-related, they may not be clear about injury reporting regulations, or fail to report the injury at a later time in case it was initially deemed non reportable.

 

About the Author

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases encompassing personal injury, civil, and business matters, his expertise and skillfulness ensuring his admission into the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.