Workplace Accident Attorneys
All workers have the legal right to work in an environment that will not endanger their safety and health. Despite their rights, workplace accidents occur every single day in workplaces across Florida when employers, managers, product manufacturers, co-workers, and other parties’ negligent or wrongful acts result in workers suffering catastrophic or fatal injuries.
Many workplace injuries are caused by employers or other parties that fail to follow the Occupational Health and Safety Administration (OSHA) rules by cutting corners, not following standard safety procedures, or using dangerous equipment and inferior materials. Whether you work in a construction site, office, warehouse, or hospital or healthcare facility in Florida, a workplace accident can wreak havoc on your life.
You may require extensive and costly medical care and have no choice but stay at home while recovering from your injuries. Consequently, your finances will suffer. Fortunately, you’re legally entitled to receive compensation from the workers’ compensation coverage of your employer or a negligent third party’s insurance coverage.
If you were involved in a workplace accident and suffered injuries and other losses, don’t hesitate to reach out to the Florida workplace accident attorneys at Rosenthal, Levy, Simon & Sosa. We have over 35 years of experience working with people who have been injured in senseless accidents and have the means to ensure that you get fairly compensated for all your damages.
What Are Common Workplace Accidents and Injuries in Florida?
Every job comes with its own hazards. Our Florida workplace accident attorneys have handled cases where workers suffered severe injuries or lost their lives due to the following workplace accidents:
- Falls from heights are not uncommon when the job involves improperly secured scaffoldings and ladders.
- Warehouse and factory workers risk suffering stress fractures due to repetitive movements, falling objects, or defective equipment.
- Office workers may be more susceptible to developing chronic headaches, neck pain, back pain, carpal tunnel syndrome, and other joint and muscle problems.
- Traumatic brain injuries (TBIs), head injuries, and spinal cord injuries (SCIs) due to falling objects, faulty ladders and scaffolding, tripping over improperly placed objects, or slipping on slippery floors.
- Multiple broken bones, internal bleeding, internal organ damage, amputation, TBIs, and paralysis after being crushed or struck by heavy machinery such as forklifts, buried in materials, or caught in between objects or structures in unsafe warehouses or construction and demolition sites.
- Lung problems, cancer, and other diseases resulting from chronic or acute exposure to hazardous materials or chemicals.
- Electrocution due to contact with dangerous wiring and other electrical sources.
- Various catastrophic injuries after getting involved in a traffic accident during work hours.
- Burns resulting from explosions and fires due to flammable chemicals and gases in factories, demolition sites, construction sites, and warehouses.
Work-related accidents can occur during, before, or after standard work hours, and may involve third parties, such as contractors, other workers, and equipment manufacturers. They also occur in all industries, but most commonly occur in the construction, warehousing, transportation, manufacturing, hospitality, and healthcare industries.
How Can I Receive Compensation for My Workplace Accident Injuries?
Employees generally can’t file a lawsuit against their employers in Florida. When you suffer a workplace injury, you would need to file a workers’ compensation claim with the insurance carrier of your employer. But you will need to prove that you were injured at work or while working for your employer.
The problem with workers’ compensation coverage is that the benefits may not be enough to cover all the losses of an injured worker or their family, in case of catastrophic losses or death. If this applies to your case, you may be able to circumvent the workers’ comp system and sue your employer or another party that is responsible for the accident and your injuries.
It’s also crucial to note that independent contractors in Florida are ineligible to receive workers’ comp benefits. They will need to file a lawsuit based on negligence against the at-fault parties to seek compensation for their damages.
When Can I Sue My Employer for a Workplace Accident in Florida?
As mentioned above, injured employees can sometimes sue their employers. However, one of these exceptions must apply to their case:
- The employer does not have workers’ compensation insurance coverage.
- The employer interfered with the employee’s workers’ comp claim. For example, they are delaying the process or failed to report the injury to their insurance provider.
- When a judge finds the employer placed the employer in a position they knew with virtual certainty would endanger the employee.
- The employer harmed the employee intentionally.
If any of these exceptions apply to your case, you may be legally entitled to pursue a personal injury lawsuit against your employer. Filing a workers’ comp claim may offer faster access to funds that you desperately need. However, keep in mind that the benefits could be low and might not compensate you for the spectrum of losses you could demand in a lawsuit. These can include non-economic damages like emotional distress and mental and physical suffering and pain, as well as punitive damages to punish your employer for dangerous conditions or poor safety controls.
When Can I Sue Third Parties for a Florida Workplace Accident?
In some cases, individuals or companies other than employers could be totally or partially at fault and liable for workplace accidents and injuries, such as in the following scenarios:
- You may bring legal action against an equipment manufacturer if a faulty product, equipment, or machine caused the accident.
- You may sue a motorist if they struck you or the vehicle you were driving or riding while you were working.
You may file a lawsuit against a contractor or manufacturer if you were exposed to toxic materials or substances, such as asbestos and silica, and suffered a serious disease or injury. Talk to our Florida workplace accident attorney to find out whether your case qualifies you for a personal injury claim.
What Our Florida Workplace Accident Attorneys Can Do For You
Workplace accidents may involve a workers’ comp claim against an employer and a personal injury lawsuit against the employer or a third party. These cases can be immensely complicated, especially when it comes to determining the cause, fault, and financial responsibility for the accident. When the Florida workplace accident attorneys at Rosenthal, Levy, Simon & Sosa handle your case, they will:
Obtain All The Necessary Evidence to Prove Your Claim
Lack of strong evidence is the most common why insurers deny workers’ compensation claims. Even if the insurer approves your claim, you have a higher chance of receiving all the workers’ comp benefits you qualify for and deserve if you can provide solid proof that clearly corroborates your claim. Our experienced Florida workplace accident attorney will know, based on the weakness and strengths of your claim, what evidence to obtain and how to present it to secure the best possible outcome for your case.
Negotiate The Highest Settlement Possible
When it comes to negotiating with insurance providers, whether your employer’s or a third party’s insurers, your attorney will accurately estimate the value of your claim, based on various factors, such as:
- The extent and nature of the injuries you sustained
- All your work injury-related medical bills, including the cost of future medical treatments, if applicable
- Your previous earnings
- Whether you should receive temporary disability benefits or late payment penalties from your employer
- Whether you suffered permanent or long-term impairments or disabilities
- Non-economic damages (Not applicable in workers’ compensation claims)
The Florida workplace accident attorneys at Rosenthal, Levy, Simon & Sosa, know all about the sly negotiating tricks insurers use, from quick lowball settlement offers to tricking you into saying something they can use to deny your claim. They will likewise make certain that your settlement agreement is written properly to prevent negative consequences, such as being denied Social Security disability benefits, later on.
Represent You in Court
If your workers’ comp claim cannot be resolved without involving the court, it will proceed to an administrative trial or hearing. If the result of the hearing is unfair or unfavorable, your lawyer can appeal the judge’s decision.
Ensure That You Secure Compensation From All Liable Parties
In addition to seeking workers’ comp benefits, you may also be able to receive compensation through a personal injury lawsuit against a third party or employer. Depending on the specific circumstances of your case, a personal injury lawsuit could make more sense than a workers’ compensation claim since you can receive damages that are not available in a workers’ comp claim.
Our Florida workplace accident attorney can also inform you of other benefits that you may be eligible for, like Social Security disability, wage reimbursement, short-term state disability, long-term disability insurance, and vocational rehab assistance.
Reach Out to Our Experienced Florida Workplace Accident Attorneys
If you were injured in a workplace accident or lost a family member in one, our Florida workplace accident attorneys are here to guide you every step of the way. Contact Rosenthal, Levy, Simon & Sosa online or by phone at 772-878-3880 to discuss the best legal options for your case in a free case review with our Florida workplace accident attorney.