On Behalf of Rosenthal, Levy, Simon & Sosa | February 28, 2024 | Workers' Compensation
With one click, you can order whatever you desire online. While the convenience of online shopping has attracted many consumers in recent years, the pandemic has only accelerated e-commerce sales.
With a sudden increase in sales, Amazon workers are more susceptible to being injured on the job. A recent study showed that 41% of Amazon workers have been injured on the job, with 69% not claiming any workers’ compensation benefits.
If you are an Amazon employee who has been injured on the job, our Florida workplace accident attorneys would like to discuss your legal options.
Common Workplace Accidents for Amazon Employees
With the company’s focus on getting shipments out as quickly as possible, Amazon warehouse workers are prone to a variety of injuries, which may include:
- Sprains and strains from lifting heavy boxes
- Neck pain from looking up to store boxes on higher shelves
- Lower back pain from sitting long hours without adequate lumbar support
- Carpal tunnel syndrome from frequent repetitive motions
- Slips, trips, and falls caused by loading and unloading shipments without property safety measures in place
Amazon delivery drivers have their own set of ordeals. With Amazon truck drivers continuously pulling off to the side of the road to make deliveries, they are at risk of being hit by other oncoming motorists.
What Should I Do If I Am Injured on the Job?
If you are an Amazon worker who has been injured on the job, you may be entitled to workers’ compensation. Florida’s workers’ compensation offers employees wage replacement and medical reimbursement benefits if they are hurt at work.
Unfortunately, it is more challenging for Amazon workers to receive workers’ compensation benefits. Amazon is notorious for underreporting workplace accidents and even not writing up accident reports.
Even so, if you are injured while on the job, it is still in your best interest to pursue workers’ compensation benefits. This will give you financial relief while you are recovering. The type of benefits you will receive will depend upon the severity of your injuries.
For workers who are unable to work for a period of time while they are recovering, they will qualify for temporary total disability. Employees can receive 2/3 of their average weekly wage and medical expenses related to the injury. However, benefits only last for 104 weeks or until a physician determines that your condition is not going to improve any further, known as maximum medical improvement (MMI).
Can I Sue My Employer?
Florida workers receiving workers’ compensation are prohibited from taking legal action against their employers. However, there are exceptions that will allow you to sue your employer privately. A Florida workers’ compensation lawyer will be able to determine if your situation warrants private litigation.
Contact a Florida Workplace Accident Attorney Today
If you are an Amazon employee who has been injured while on duty, we want to hear from you. Speak with our West Palm Beach workplace accident attorneys today to find out more. Contact us today for a free consultation.
On Behalf of Rosenthal, Levy, Simon & Sosa | February 14, 2024 | Motorcycle Accidents
You have probably seen it hundreds of times: in a rush to get somewhere, a motorcyclist rides between lanes to bypass traffic. It is a dangerous practice, and in the state of Florida, it is illegal. When a motorcyclist rides between lanes, it places them closer to other vehicles and at a greater risk of being hit.
If you hit a motorcyclist who is lane-splitting, you may be wondering how the insurance process will work. Our West Palm Beach car accident lawyers would like to discuss Florida insurance coverage and how an insurance claim with a negligent motorcyclist would be handled.
Florida is a “No-Fault” State
States are considered either “at-fault” or “no-fault” states. In an “at-fault” state, insurance adjusters for both motorists will review the details of a claim to determine which driver caused the accident. If the other driver is found liable, his or her insurer will pay for your medical bills and vehicle damage.
In a “no-fault” state, drivers will make claims through their respective insurers, no matter who caused the accident. If you suffer a serious injury, then you have the option to exit the no-fault system and file a lawsuit against the other driver.
Florida Insurance Coverage
Since Florida is a “no-fault” state, drivers are required to carry Personal Injury Protection (PIP) and Property Damage Liability (PDL). To register your vehicle with the Department of Highway Safety and Motor Vehicles, you must show proof of PIP and PDL insurance.
Florida motorists are required to carry minimum insurance coverage of:
- $10,000 in PIP per person;
- $20,000 in PIP per accident; and
- $10,000 in PDL.
However, if you are providing taxi services, then you are required to have minimum insurance coverage of:
- $125,000 in PIP per person;
- $250,000 in PIP per accident; and
- $50,000 in PDL.
Regardless of fault, PIP generally covers 80% of reasonable medical bills and will reimburse you for 60% in lost wages or up to $10,000. In “no-fault” states, you would make any bodily injury claims through your PIP insurance first.
Comparative Negligence
Florida practices comparative negligence, meaning that the amount of compensation you will receive through insurance will be reduced by your degree of fault. According to Florida Statute §768.81, as long as you are found less than 50% at fault for an accident, you can still recover damages.
If a motorcyclist is lane-splitting, you could still be found partly liable for the crash. Even though the motorcyclist was not abiding by the law, an investigation may determine that you could have avoided the collision. However, since the motorcyclist did not follow traffic regulations, the motorcyclist’s liability is most likely higher than your own.
Contact a West Palm Beach Motorcycle Accident Lawyer Today
All motorists must follow the rules of the road. If you have suffered injuries due to a motorcyclist lane-splitting, you should speak with a West Palm Beach motorcycle accident lawyer today. Contact us online or by calling 561-478-2500 to schedule your free consultation.