Miami Workplace Injury Lawyer
Each year, millions of Americans are injured at work. Trying to juggle the stacks of medical bills, calls from insurance companies, and staying current on bills and mortgages can be overwhelming. Financial recovery is essential and necessary so that people who have been injured at work to get back on their feet and back in the work place.
Navigating the process of recovering damages for injuries can be stressful and confusing when you are still trying to heal from your injuries. Putting your workers’ compensation claim and personal injury actions in the hands of an experienced attorney is crucial. A skilled workplace accident attorney will zealously advocate for you so that you can be fairly compensated and get back on your feet again.
Common Workplace Accidents and Injuries
Many people assume that workplace injuries almost always take place at construction sites. In reality, these types of injuries can take place almost anywhere. Besides construction site, some of the most common workplace accidents are:
- Office accidents
- Warehouse and factory accidents
- Mining accidents
- Hospital accidents
- Business and commercial driving-related accidents
Since workplace accidents involve a broad variety of professions, there are numerous types of injuries that people can suffer from. Some of these injuries are very mild, while others are severe and sometimes fatal. Below is a list of common workplace injuries:
- Slip and falls
- Hearing loss
- Repetitive motion injuries
- Cuts and lacerations
- Muscle strains
- Being struck by falling objects
- Inhalation of toxic chemicals and fumes
- Vehicle accidents
- Falling from heights
- Overexertion injuries
- Machine entanglement
- Reaction injuries
Workers Compensation for Workplace Accident Injuries
The State of Florida requires that construction companies with more than one employee offer workers’ compensation coverage. If a non-construction industry employs more than four employees, they are also required to offer that type of coverage. In order to successfully pursue a workers’ compensation claim, an employee must notify the employer within 30 days of the pertinent injury, seek medical attention immediately, and file a worker’s compensation claim with the Florida Division of Workers’ compensation within two years of the date of the injury.
A workers’ compensation policy can cover the following:
- Lost wages and other monetary compensation
- Temporary disability benefits
- Permanent total disability benefits
- Medical benefits
- Vocational rehabilitation
- Death benefits
Personal Injury Lawsuit for Workplace Accidents
Unless an employee was working in egregiously unsafe conditions or the injury was caused by the intentional act of another, workers’ compensation insurance usually exempts employers from being sued by injured employees. In order to recover damages that are not covered by workers’ compensation and/or to hold a third party liable for injuries, an employee may file a personal injury lawsuit against a third party or combination of third parties.
If a workplace injury can be attributed to the gross misconduct or negligence of a third party, an injured employee may file a personal injury lawsuit in conjunction with a workers’ compensation claim. A third party may be found liable for the injuries of an employee in a workplace accident if the employee proves:
- The third party had a duty to maintain a safe working environment;
- The third party breached this duty; and
- As a result of the third party’s breach, the employee suffered damages.
The following damages might not be covered by a workers’ compensation policy and thus can be sought through a personal injury lawsuit:
- Pain and suffering
- A mental or nervous injury
- Emotional distress
Florida’s Statute of Limitations for Workplace Accidents
Florida has a four year statute of limitations for personal injury lawsuits arising from workplace accidents. A person who is injured on the job has four years from the date of the accident to file a personal injury claim. If a person was killed on the job, the family of the victim has a two year statute of limitations to file a wrongful death lawsuit. Thus, a victim’s family has two years from the date that the victim was killed to file a claim.
Call a Miami Workplace Accident Lawyer
Suffering from an injury at the workplace and thereafter being unable to work is a frustrating ordeal. The stress of bills piling up while healing from an injury is too much stress for one person to bear alone. Seeking legal counsel can give you peace of mind and reassurance that your claim is moving in a positive direction.
If you or someone you love has suffered injuries on the job, contact a workplace accident lawyer right away. The right attorney can help you develop a plan of action and put you in an optimal position to receive the benefits you deserve. The most important goal for you right now is to heal from your injuries so that you can get on your feet and back to work. The Law Offices of Prosper Shaked can take some stress off your plate by helping you pursue your claim efficiently and effectively. Your success is our success. Call the Law Offices of Prosper Shaked today at (305) 690-0244 for a free and confidential consultation.