The United States workforce includes more
than 105 million people. Every year, more
than 6 million of these workers get injured
and 6,023 more lose their lives on the job,
according to the National Safety Council.
The estimated cost is in the billions of
dollars.
More than
245,000 injuries and illnesses were reported
by Florida employers in 2002, according to a
joint federal and state survey. Industries
involving wholesale, retail trade and
services experienced the greatest number of
incidents, with 32 percent of the total
reported cases. Construction and
manufacturing industries together ranked
second with 10 percent each of the total
cases.
Workers in
the agriculture, farming and fishing
industries had the highest incidence rate,
with 7.4 injuries and illnesses reported per
100 workers. The industries with the lowest
incidence rate was finance, insurance and
real estate.
Employers are
required to provide a reasonably safe
workplace. This includes safe equipment,
proper training, posting of warnings, and
compliance with safety regulations. The
Florida workplace injury attorneys of Rosen
& Rosen have observed some patterns in
accidents at work, and understand how to
document injuries and workplace accidents.
Among the
most common causes of serious work injuries
are accidents involving falling objects,
workers falling from elevated equipment or
structures, highway accidents and those
involving cars, trucks, forklifts, factory
machinery and other devices. Other causes
include electrocution and carbon monoxide
poisoning. Our accident attorneys help
employees with claims and lawsuits,
including those whose injuries involve:
-
Slips
and falls at work
-
Repetitive stress, back strain and other
ergonomically based injuries
-
Construction site injuries
-
Equipment malfunction
-
Motor
vehicle accidents
- Lifting
injuries and needle sticks in hospital
or nursing home jobs
- Injuries
traveling to work
Many times a
workplace injury is the result of the
negligence of someone unconnected with the
employer. In those types of cases, a
separate civil suit can be brought against
that person for both economic and
non-economic damages. This is called a
third-party action. Your employer cannot be
subject to a civil suit -- anything with the
employer must be handled through the workers
compensation process.
If you
successfully recover damages for someone
besides your employer, however, your
employer’s insurance company may seek
reimbursement for the sums expended on your
behalf for disability payments and medical
care. This is called a lien.
The
employer’s insurance company has to reduce
their request for reimbursement to reflect
the employer’s fault. They may also get a
credit against future payments for medical
care, requiring you to first expend all of
the monies you recovered in the third party
suit, before they pay any additional medical
bills. The attorneys of Rosen & Rosen will
work with you to reduce any lien that may
exist on your case.
The amount of
compensation paid to an employee depends
upon the classification of his or her
disability:
-
Permanent total disability: 66 2/3
percent of the employee’s average weekly
wage
-
Temporary total disability: 66 2/3
percent of the employee’s average weekly
wage, up to 104 weeks
-
Permanent impairment benefits: 75
percent of the employee’s average weekly
temporary total disability; impairment
benefits are reduced by 50 percent for
each week the employee earns income
equal to or more than his or her average
weekly wage
-
Temporary partial disability: 80 percent
of the difference between 80 percent of
the employee’s average weekly wage and
the wage the employee is able to earn
after being injured, up to 66 2/3
percent of the employee’s average weekly
wage at the time of the accident
If you or
someone you know was seriously hurt on the
job, you may want to contact a workplace
injury lawyer for a free evaluation of your
case.
Whether or
not there is a defendant other than the
employer in your case, it is important that
you have your case reviewed by an
experienced lawyer.
Contact the Rosen
& Rosen law firm to put 50 years of
combined legal experience to work on your
workplace injury claim.
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