Work Injury Lawyer Serving Palm Beach Gardens
No matter where you go, workplace accidents are a common occurrence throughout the country. As the population in Palm Beach Gardens grows, the amount of available jobs continue to increase. According to Palm Beach Gardens' 2014 Comprehensive Annual Financial Report, the top employers in the city include: G4S, PGA National Resort & Spa, and Biomet 3i.Palm Beach Gardens: Accidents in the Workplace
The federal Occupational Safety and Health Administration (OSHA) released a report in 2018 that outlined the top violations in safety standards. These violations include:
- Failure to provide protection against falls in the construction industry (29 CFR 1926.501)
- Failure to comply with standards of hazard communication (29 CFR 1910.1200)
- Failure to equip the workplace with safe scaffolding (29 CFR 1926.451)
- Failure to have the proper respiratory protection available (29 CFR 1910.134)
- Failure to meet training requirements for fall protection (29 CFR 1926.503)
- Failure to meet safety and guard requirements on workplace machines (29 CFR 1910.212)
- Failure to provide the necessary mandated eye protection (29 CFR 1926.102)
Workers who are employed in Palm Beach Gardens, and have suffered a job-related injury, are generally covered by the Florida Statutes 440-the Workers’ Compensation Law. This law was designed to assist those who were injured on the job to obtain compensation for their medical bills and to help take care of their family’s financial concerns. On the surface, this may seem to be an ideal solution to this situation. However, there are many instances in which employers and insurance companies have denied claims. In some cases, this has been done on a continual basis.
There are also times when the injury is caused by the negligent actions of a third party. Should this happen to occur, it might be the best time to seek the help of a work injury lawyer serving Palm Beach Gardens.Types of Workplace Claims We Handle
We are available to handle the complete range of job-related accident injuries that occur. For example, when it comes to construction site accidents, a catastrophic injury may be the result of a worker who has fallen off a defective ladder or incorrectly assembled scaffolding. For other types of occupations, you can find accidents that have resulted in serious burns or an accident in which someone has become entangled in a machine that lacked the proper safety guards.
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 Palm Beach County
It’s true that just about any job can carry the danger of some form of potential accidental injury, there are certain occupations that are considered far more dangerous than most. This can be due to the job’s nature of placing employees in hazardous situations. Some of these occupations are:
- Roofing workers – One of the greatest dangers for roofing accidents comes from slipping and falling. Heat-related injury is also prevalent due to working out in the hot sun. In 2017, it was reported that this professions fatality rate was 45.2 per 100,000 workers.
- Structural Iron/Steel workers – Injuries in this job category can be the result of working at extreme heights on skyscrapers. In this case a fall will usually lead to a fatality. Because of this, one percent of all work-related accidents in this field will result in a fatality. In 2017, 1,294 injuries were reported, making this one of the most dangerous job categories.
- Truck Drivers – When spending a great deal of time on the road, commercial drivers run the risk of accidents from the negligent actions of other cars on the road. 2017 saw 987 fatalities with 77,470 non-fatal injuries.
- Construction Workers – Construction workers often perform their jobs at great heights. They also need to navigate dangerous scaffolding. Therefore, around one-third of construction worker fatalities come from slip and fall accidents. There is also the danger of operating heavy equipment. This resulted in one-fifth of construction worker fatalities in 2017. Total injuries equaled 21,760 non-fatal and 259 fatal injuries.
- 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
As A Florida Injury Lawyer: Being injured while working on a large construction project in FloridaFlorida Workers’ Compensation Insurance & Employee Rights
In Palm Beach Gardens, any employer who employs four workers or more is required to have Workers Compensation Coverage. 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.What Types of Florida Workers’ Compensation Benefits are Available?
The amount or the type of compensation that can potentially be obtained will generally depend on how serious the injury of illness happens to be. But it should be noted that, in this state, for a compensation award to be received, it must be for a physical injury or illness. Mental and nervous injuries are generally not considered for compensation unless a strong link can be shown between mental condition and the physical injury. Florida Statutes 440.093
When considering the most common types of non-fatal injuries, the Bureau of Labor Statistics has reported that; sprains, fractures and lacerations are the most prevalent. Other types of common injuries arise from the overuse of body parts. For example, one of the most common of these is carpal tunnel syndrome (from typing). These injuries may require expensive surgery, long recovery time and can even prevent the injured party from being able to continue to work in their original profession. Benefits for injuries are usually determined by using a pre-set compensation schedule. The amount that is compensated is usually about two-thirds of the employee’s weekly pay average (with a set high-end cap). Other types of workman’s benefits may include:
- Permanent disability - This applies to those who are considered permanently disabled, but are still able to perform certain work functions.
- Disability income benefit - Social Security Disability benefits applies to those employees whose injuries are expected to continue past one year and will prevent the injured employee from obtaining the type of work that they previously did or are not expected to find new work.
- Supplemental benefit - These are employer-paid benefits and are provided in cases in which the injury is exceptionally severe.
- Permanent total benefit - These are benefits that are provided when the injured employee is not expected to be able to return to work at all.
- Death benefit - These benefits are designed to pay for the employee’s funeral expenses, dependant support, and educational funds for the spouse of the deceased. Applying for these can be a very complicated and lengthy task..
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 Palm Beach Gardens. 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.
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
Negligent work conditions can result in severe injuries and even death from a Florida work-related accident. This may occur in Palm Beach Gardens 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:
- 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
Without proper medical treatment, even seemingly minor injuries can eventually become life-threatening. Therefore, if you are involved in a job related accident, it is advised that you seek medical care and the advice of a work injury attorney.
Contact an experienced personal injury attorney serving Palm Beach Gardens who can assist you in pursuing the best care and the compensation that you rightfully deserve. Therefore, if you or a loved one are involved in a Palm Beach Gardens work-related accident, contact a personal injury attorney serving Palm Beach Gardens. Turn to Frankl Kominsky for comprehensive legal guidance with 75 Million Recovered in Accident & Injury Settlements, 40+ Years Combined Legal Experience and over 6,000 clients and families represented. Call 561-800-8000 or use our Contact Form to set up a free consultation.