Work Injury Lawyer Serving Lantana
Lantana is a quaint town nestled between Lake Worth and Boynton Beach, Florida with a growing population of over 10,000 residents that call Lantanahome. Many of the residents come from neighboring cities in Palm Beach County. Most work for some of the largest companies in South Florida such as Publix Supermarket, Costco Distribution and Bank of America.
For most of us, when we think of the term “workplace”, we think of a location in which we spend a certain amount of time performing activities that relate to our careers or possibly just places in which to earn some money. Most workers are used to performing certain tasks that don’t usually call up much in the way of danger, unless the job inherently involves dangerous situations (jet pilot, firefighter, police officer, soldier, etc.). However, no matter what type of workplace you are employed in, from a construction site to a fast food restaurant. There is always the danger of an injury. In Florida, this situation may require the assistance of a work injury lawyer serving Lantana.Common Workplace Violations in Palm Beach County
OSHA (the federal Occupational Safety and Health Administration) has released their report for 2018 that has named some of the top violations when it comes to general workplace safety standards. These have included:
- Failure to provide the proper protection against falls in the construction industry (29 CFR 1926.501)
- Failure to mandates that relate to hazard communication (29 CFR 1910.1200)
- Failure to have proper and safe scaffolding to avoid falling injury (29 CFR 1926.451)
- Failure to provide the needed respirator/lung protection on the worksite (29 CFR 1910.134)
- Failure to meet the required fall protection training mandates (29 CFR 1926.503)
- Failure to meet hazardous equipment guard requirements for potentially dangerous workplace machines (29 CFR 1910.212)
- Failure to provide the mandated eye protection equipment against blindness (29 CFR 1926.102)
According to Florida statutes, for those employees who have been injured while working on their job, there is usually the available coverage that is provided through The Worker’s Compensation Law (Florida statutes 440). This law was designed to provide assistance to workers and their families in the event of a work-related injury. Upon looking over the law, it may seem to be the best means in order to help those who have been injured. But, this is often not the case. The reason for this has to do with the large number of times that an employer has rejected a Workers’ Compensation claim based upon reasons that are not actually valid. In addition, some companies have been known to do this on a routine basis.
If an injured worker should happen to run into this type of a situation, then they may not have a way to pay for their accident-related expenses or even their necessary daily living expenses. This is why it may be a good idea to seek the assistance of a work injury lawyer serving Lantana.Work Related Claims We are Available to Handle in Palm Beach County
Our law firm is ready to cover the entire spectrum of workplace-related accidents. This, for example, may include a situation in which an employee has fallen off a ladder or scaffold. It may also include an injury that involves a lost limb due to becoming mangled in a work machine that lacked the proper safety guards. There might also be a situation in which an employee has been electrocuted as a result of poor workplace wiring or has succumbed to toxic fumes from an improperly stored workplace chemical.
Other work related injury claims we are available 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.Most Dangerous Jobs in Florida
It goes without saying that just about any workplace can become the scene of a serious workplace accident. You can have a situation, for example, in which a secretary is injured in a slip and fall incident, while going to refill a cup of coffee. However, there are a number of professions that carry with them more dangers than the average job. This can happen due to the fact that certain professions will continually place their employees in dangerous situations. Some of these exceptionally hazardous jobs include:
- 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.
- Roofers – If you work on the roof of a building, you will naturally be in danger of possibly falling off a high location. You may also be subject to the medical hazards that are associated with weather extremes. 45.2 deaths per 100,000 employees were reported in 2017.
- Iron and Steel Workers – Like roofers, this job also involves the danger that is associated with working at great heights. Due to this danger a startling one percent of all of its employees have suffered fatalities when it comes to work-related injuries! In 2017, this occurred out of 1,294 work-related injuries.
- Commercial Truck Drivers – When spending a great deal of time on the road, commercial truckers run the risks associated from drowsy driving to accidents involving worn truck parts. In 2017, this led to 987 fatalities and 77,470 non-fatal injuries.
- Construction Workers – These are also workers whose job functions involve great heights. Here, employees may encounter scaffolding that has not been setup correctly or dangers that are associated with dangerous machinery, as well as falling hazards. In 2017, this profession had 21,760 non-fatal and 259 fatal injuries.
Source: USA Today/MoneyWork Related Injuries You can Sustain
- 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 Lantana (and the rest of Florida) if a business employs 4 or more people, then the law requires that it carries Workers’ Compensation. If the employer is in the construction industry then Workers Compensation coverage is required with just 1 employee. This is considered to be a no-fault type of coverage in this state so therefore, negligence on the part of the employee is not an issue when the claim is placed. Even though this is in effect, you will still see companies that will regularly deny claims in order to avoid paying compensation. Some of the (false) reasons that may possibly be used will include; pre-existing condition claims, ‘faked’ injury claims and the claimed injury did not occur on a worksite.Florida Workers’ Compensation Benefits
When considering the different types of Workers’ Compensation that are available to injured workers, you would need to take a look at the severity and type of injury that’s involved. However, the one thing that is always required is that the injury needs to be of a physical nature. This means that the injury usually can’t be either a nervous or mental issue. But there are exceptions in which a nervous or mental is directly related to a physical injury cause (for example, brain trauma). See: Florida Statutes 440.093.
The various types of common injuries that have been covered by Workers’ Compensation include; muscle sprains and fractured bones along with lacerations. Another very common injury that is routinely reported is carpal tunnel injury that typically affects those who spend a lot of time typing on a computer. These can be exceptionally expensive injuries to treat, sometimes requiring surgery and a long time away from work during the healing process.
It should also be mentioned that insurance companies will sometimes set up a standard schedule of injury payments that apply to various types of injuries. Or they may have a compensation schedule that more or less equal to 2/3 of the injured employee’s salary or weekly pay.
Other types of Workers’ Compensation benefits include:
- Permanent disability – This is paid out to those workers who have suffered permanent disability. However, these workers are still able to continue working.
- Disability income benefit – This is a Social Security benefit that is allotted to those who are expected to be disabled for a period of over one year. Afterwards, the employee may not be able to obtain additional work or at least not the type of work that they were able to do prior to the injury.
- Supplemental benefit – This is provided by the worker’s employer in the case of a particularly severe injury.
- Death benefits – These benefits are for the payment of funeral and burial expenses, dependent support and possibly educational benefits that are designed to assist a spouse with obtaining employment.
However, no matter what type of benefit that you are qualified for, it may be a very good idea to consult with an experienced work injury lawyer. This way, you can be engaged in the healing process while your legal affairs are being handled by a professional.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 Lantana. 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 Lantana 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.
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 try to 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
Deaths and injuries from a Florida work-related accident can be the result of negligent behavior, which may occur in Lantana 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 situation. 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. The injuries involved may include; brain damage, broken bones, lost limbs and various internal organ injuries. Without proper treatments, even seemingly minor injuries can eventually become life-threatening. 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.Start Your Free Initial Consultation with Frankl Kominsky
Seek the advice of a personal injury attorney serving Lantana, who is dedicated to pursuing the care and the compensation that you rightfully deserve. Therefore, if you or a loved one are involved in a Lantana work-related accident, contact a personal injury attorney.
Discuss your case with a Work Injury Lawyer Serving Lantana Today! Turn to Frankl Kominsky for comprehensive legal guidance with 75 Million Won 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.