Job-related injuries can have devastating physical and emotional consequences for a worker and his or her family. Unfortunately, employees in many industries, such as construction workers, are exposed to a wide variety of hazards on a daily basis. At Cohn & Smith, our skilled Pembroke Pines workplace accident lawyers have advised people in Pembroke Pines and other South Florida cities about their legal options. We will investigate the facts of your case and help you determine what course of action is suited to your needs and goals.Seek Benefits After a Workplace Accident
The National Institute for Occupational Safety and Health reports that an average of 15 workers die from fatal injuries every day throughout the United States, while another 200 workers are hurt. Bureau of Labor Statistics studies also indicate that Florida is behind only California and Texas when it comes to the rate of on-the-job accidents. Factors that can cause or contribute to workplace injuries include dangerous chemicals, excessively heavy loads, defective flooring, unprotected heights, and motor vehicle collisions.
Under Florida law, workers’ compensation coverage is mandatory, which means that generally an employer must provide this type of insurance for all of its employees. Employers with fewer than four employees, except in the construction industry, are not required to have coverage. In most cases, benefits can be awarded regardless of who was responsible for causing the harm, as long as it was sustained in the course of employment. Employers who have workers’ compensation insurance are typically immune from a personal injury lawsuit by an employee.
Beyond a workers’ compensation claim, moreover, an accident victim may choose to file a personal injury claim against a third-party defendant. This can be an option to pursue when someone other than or in addition to the employer was responsible for the incident. The injured person typically bases this lawsuit on a claim of negligence, which requires showing that the third-party defendant owed the victim a duty of care, that the third-party defendant breached the duty of care, that the harm was a direct result of the breach, and that the victim sustained actual damages.
A workplace accident victim can usually recover some measure of wage replacement and medical benefits through the workers’ compensation system. Their extent and duration often depend on whether the individual’s disability is partial, temporary and total, or permanent and total. A worker who files a third-party lawsuit to recover additional reimbursement beyond his or her workers’ compensation claim may also be able to recover pain and suffering, disfigurement, and some more subjective forms of damages. If you are pursuing a claim for benefits and a negligence action at the same time, an award from the third-party defendant may affect what you receive through the workers’ compensation system. It is often useful to consult a knowledgeable attorney in that situation.Discuss Your Work Injury Case with a Workplace Accident Attorney in Pembroke Pines
The experienced accident lawyers at Cohn & Smith have helped many victims seek compensation after job-related accidents. If you or someone you know has been hurt at work, it is sensible to have a qualified attorney review your claim. Our Pembroke Pines workplace accident attorneys know that no amount of money can undo the harm you have suffered, but financial compensation can ease the burden of the expenses that arise from such an accident. To learn more, contact us online or call us at 954-431-8100. We have assisted clients from Tamarac, Sunrise, and Pompano Beach, among other areas.