workers compensation injury law firm south florida

Three Most Common Florida Workers Compensation Injuries

 

 

If you have suffered an injury while on the job and accrued medical expenses or been forced to miss work as a result, you may be eligible to file a workers’ compensation claim to cover your expenses. If your loved one died as a result of a workplace accident, you may also be eligible to receive benefits.

 

However, before you accept any settlement, it is prudent to consult with an aggressive Florida workers’ compensation attorney to make sure that you have received the maximum benefits and the compensation you deserve for your injury. Workers’ compensation claims can be filed for many reasons, but here are some of the most common workers’ compensation injuries in Florida.

 

Overexertion

 

Physical overexertion is a common cause of workers’ compensation injuries. This usually results from conducting a repetitive task (for example, factory work) too many times and without adequate rest, from lifting heavy objects, or from working in a non-ergonomic position.

 

Most overexertion injuries begin with acute pain (such as back pain), and can easily be resolved if they are treated and working conditions are improved. However, failure to address overexertion can result in chronic, debilitating conditions.

 

If your employer has required that you work in conditions that result in overexertion injuries, advise your employer or seek guidance from a workers’ compensation attorney on how to properly file a claim. Make sure that you know your rights and have consulted a workers’ compensation lawyer, who can help you determine what is your best course of action.

 

Slips, Trips, and Falls

Slip and fall cases are eligible for a workers’ compensation claim so long as they happen during the course of employment.

A slip, trip, or fall accident occurs when a worker slips on a smooth surface, trips over something, or otherwise falls, either directly to the ground or from a raised surface such as a ladder or staircase. The most common workers’ compensation injuries resulting from these accidents are back, spinal cord, neck, arm, wrist, leg, and foot injuries. These injuries are often painful and debilitating, so may force you to miss work while you recover. A skilled workers’ compensation attorney can advise on how to pursue lost wages and medical treatments.

 

Boca Raton Workers' Compensation Lawyer

 

 

 

Struck By or Against Object

 

If you are struck by or against an object, such as machinery, vehicles, another worker, tools, or other objects, you may sustain a serious injury. The type of injury resulting from these accidents depends upon what you are struck by, where you are struck, and the amount of force with which the object strikes you. Some of the most common injuries are hand or foot injuries, head injuries, and back or neck injuries. If you fall as a result of being struck, you may also sustain injuries from the fall.

 

A workers’ compensation claim is fairly common in these cases, which your workers’ compensation attorney can help you file. However, if this accident occurs due to unsafe conditions, like faulty equipment, a personal injury lawsuit may also be applicable.

 

The best way to know for sure whether or not you have a viable case? Talk to a knowledgeable and local Ft. Lauderdale attorney with experience handling Workers’ Compensation claims as well as third-party claims. When you have good legal counsel by your side, you can rest assured that your rights will not be taken away from you. The South Florida Injury Law Firm is conveniently located in Fort Lauderdale, Florida. Our attorneys have successfully represented clients throughout Florida, including Broward County, Indian River, Okeechobee, Martin County, Palm Beach, West Palm Beach, and other cities and counties.

 

 

 

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 Workers Comp 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 Workers Comp 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 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.