Work Injury Lawyer Serving Lake Worth
In recent years, the population of Lake Worth has to grown to over 34,000 residents and the need for work locations has increased dramatically. With this comes an increase of job opportunities and a rise in potential work-related injuries.What Common Workplace Violations can be Found in Lake Worth?
OSHA (Federal Occupational Safety and Health Administration) released their report in 2018 that pointed out some of the top violations when it came to workplace safety standards. These included:
- Failure to provide protection against construction industry falls (29 CFR 1926.501)
- Failure to comply with hazard communication mandates (29 CFR 1910.1200)
- Failure to have proper and safe scaffolding (29 CFR 1926.451)
- Failure to have the needed respiratory protection on site (29 CFR 1910.134)
- Failure to meet the training need for fall protection (29 CFR 1926.503)
- Failure to meet equipment guard requirements for workplace machines (29 CFR 1910.212)
- Failure to provide the required eye protection needed (29 CFR 1926.102)
If someone is employed in Lake Worth, and has been injured on the job, will usually be covered by the Florida Statutes 440-the Workers’ Compensation Law. This law was put into effect in order to assist those who have suffered job related injuries with their medical expenses and financial concerns that their families may have. This might seem to be a perfect system for helping those who have been injured on a job site. However, this is not the case in all situations. That’s because, there could possibly be some instances in which an employer or an insurance company has decided to refuse to grant an injured worker’s claim. Additionally, the injury could have been caused by a third party’s negligence.
When a situation such as this occurs, it may be the best time to seek the help of a work injury lawyer serving Lake Worth.Work Related Claims We are Available to Handle in Palm Beach County
Our injury firm is available to handle a wide range of work-place injury related claims. This can include a serious accident in which an employee has fallen off a poorly designed scaffold or a ladder that has become defective. In another type of job, you may have a situation in which the employee has suffered serious burns or has had a limb mangled in a machine that didn’t have the proper safety guards. You might be involved in an accident situation where a spilled liquid has resulted in a slip and fall injury. There are also cases in which dangerous chemicals have been stored in containers that haven’t been properly identified. There are also work-related accidents in which poor wiring has resulted in employee electrocution. Our job injury lawyers, serving Lake Worth, will try to assist you with your workplace related injury claim.
Other work related injury claims we are available to handle include:
- Construction Related Accidents
- Scaffolding and Ladder Accidents
- Transportation accidents
- Burn Injuries
- Accidents with Machinery
- Backup accidents
- Pinned between objects and/or vehicles
- Slip and fall/trip and falls
- Falls from a height
- Struck by falling objects
- Manual work accidents
- Machine entanglement
- Exposure to toxic, hazardous, or harmful substances
A common claim we handle is when an individual is injured in an auto accident while out on a delivery.
A delivery driver is performing a routine task and is t-boned by a distracted driver, the delivery driver can file a claim against the at-fault party.
If your work related injury was the result of negligence of a third-party, you may be able to pursue a negligence claim for your injuries. Through a third-party liability claim, you can pursue compensation for:
- Past and future medical expenses not covered by workers’ compensation insurance
- Lost wages and employment benefits not covered by workers’ comp
- Physical pain and suffering
- Scarring and disfigurement
- Permanent disability
- Inability to lead a normal life
Without a doubt, it’s true that just about any workplace can be the scene of an accident. Even someone who works as a typist can slip and fall while heading to the coffee machine. But, there are some occupations that are certainly more dangerous than the average jobs. That’s because the very nature of some jobs regularly place employees in exceedingly hazardous situations. Some of the most obvious are:
- Roofing workers – It’s easy to see how working on a roof can present the danger of slipping and falling. You also have the health dangers associated with working outside in the sun along with high temperatures in the summer and cold extremes in the winter. These situations resulted in 45.2 deaths per 100,000 employees in 2017.
- Structural Iron/Steel workers – This profession revolves around working at extreme heights – especially when working on urban skyscrapers. This has caused the number of fatalities to reach one percent of all its work-related injuries. This is rather startling, since 1,294 injuries were reported in 2017. This makes it one of the most dangerous occupations.
- Truck Drivers – Commercial truckers spend a large amount of time on the road. This will account for dangers ranging from; drowsy driving to worn out truck parts. As such, there were 987 deaths recorded in 2017 along with 77,470 non-fatal types of injury.
- Construction Workers – These are employees who often perform their job functions at great height and on (sometimes) unreliable scaffolding. This is the reason why a total of one-third of their fatalities comes from slipping and falling accidents. There is also a danger that can be present with the use of heavy machinery and mobile equipment. Operating heavy equipment accounted for 1/5th of construction worker fatalities in 2017. The total injuries among construction workers equaled 21,760 non-fatal and 259 fatal.
- Taxi, Lyft, Uber Drivers and Chauffeurs – Lyft, Uber and Personal Drivers are have a higher risk of getting injured in a car or auto accident.
Source: USA Today/Money
- Head trauma injuries
- Neurological injuries
- Spinal cord injuries
- Paraplegia and quadriplegia
- Repetitive stress injuries/carpal tunnel
- Hand and feet injuries
- Vision and hearing loss
- Work-related heart attack or stroke
- Psychiatric injuries
- Chemical burns
In Lake Worth (and the rest of the state, as well) an employer who has employed four or more workers is, by law, legally required to have Florida workers compensation insurance. If the employer is in the construction industry, workers compensation coverage is required with one or more employees. This is a no-fault type coverage. Which means that the employee does not have to prove negligence on the part of the employer to receive benefits.Florida Workers’ Compensation Benefits
Of course, the amount of compensation and the compensation type will directly relate to the type, severity and category of the injury. But the basic stipulation is that the injury must be physical in nature. This omits injuries that are mental or relate to nervous conditions. The only exceptions are mental issues that result directly from a physical injury (such as brain trauma). Florida Statutes 440.093
The Bureau of Labor Statistics has determined that the most common non-fatal injuries are; lacerations, broken bones and sprains. Other commonly reported injuries can stem from the overuse of a body part, such as typing-caused carpal tunnel syndrome. These are injuries that may eventually lead to expensive surgery along with long recovery times. They can even keep the injured party from going back to work. It should be noted that sometimes insurance companies are only willing to pay out benefits according to a pre-set schedule of compensation. Often, the amount that is paid is equal to about 2/3 of the employee’s normal weekly pay (with a set cap). Other worker’s compensation benefits can include:
- Permanent disability - This applies to those who are considered to be permanently disabled, but can still perform certain work functions.
- Disability income benefit - Social Security Disability benefits apply to those whose injuries are expected to continue on past the one year mark and will prevent the injured employee from obtaining the type of work that they had before the injury or are not expected to find new work at all.
- Supplemental benefit - These are employer-paid benefits that are given in cases in which the employee injury is particularly severe.
- Permanent total benefit - These are benefits that are designed to assist employees who are not expected to be able to work at any point in the future..
- Death benefit - These benefits are designed to pay employee’s funeral expenses, support for their dependents, and educational funds for the spouse of the deceased employee that could lead to future employment. Applying for these types of benefits can be an extremely complicated and lengthy task.
However, no matter what type of benefits that are being applied for, it can be a very good idea to speak to a work injury lawyer serving Lake Worth.Third Party Claims
In any case, if involved in a negligence related work injury claim, where the negligence was caused by a third party, it can be a very good idea to seek the assistance of a work injury lawyer serving Lake Worth. If you sustain injuries, time is needed in order to heal, rather than attempting to handle a work injury claim. In the case of a fatality, there are strong emotions to deal with that can work against one’s efforts to pursue a work related claim.How do I File a Florida Workers’ Compensation Claim?
When filing a claim for workers' compensation, an employee has 30 days from the date of accident or 30 days from when a medical provider has informed you that you have suffered a work related injury. Failure to report within this time frame can result in denial of your workers compensation claim. Your employer then has 7 days to contact the workers' compensation insurance provider and inform them of your injuries. If your employer fails to notify the insurance provider, you can notify them yourself. Your employer or the workers' compensation carrier will likely provide you with forms to file your workers compensation claim. If you claim is allowed you may be entitled to workers compensation benefits which can include: medical coverage, temporary disability benefits and permanent disability benefits.Contact a Personal Injury Lawyer, Serving Lake Worth, to Protect Your Rights
Negligent behavior can result in workplace accidents which may cause severe injuries and even death. This may occur in Lake Worth at any given time. In addition, it’s important to understand that while unavoidable accidents are often the situation, there are also many times when this isn’t the case. There are work-related accidents that are also the result of a lack of proper safety precautions that were not put into place, a lack of proper training and other forms of negligence that have eventually resulted in an injury that may even have eventually led to a person’s death. Therefore, if you are involved in an accident, while on the job, it is advised that you seek medical care and the advice of a work injury attorney.
Seek the advice of a personal injury attorney serving Lake Worth, who is dedicated to pursuing the compensation that you rightfully deserve. Therefore, if you or a loved one are involved in a work-related accident, contact a personal injury attorney, serving Lake Worth.Start Your Free Personal Injury Consultation Today
Turn to Frankl & Kominsky for comprehensive legal guidance with $75 Million Recovered in Accident & Injury Settlements, 40+ Years Combined Legal Experience, Over 6,000 Clients and families represented. Call 561-800-8000 or use our Contact Form to set up a free consultation.