injured at work

What Compensation Can I Get for a Miami Workplace Injury?

Published on: May 26, 2023 | by Gerson & Schwartz, P.A.

Workplace accidents are a common threat in Florida, and it is not just employees in dangerous environments that are affected. According to the Florida Division of Workers’ Compensation (DWC), there are almost 59,200 work-related injuries or occupational diseases reported every year. If you were hurt on the job, you might have already been contacted by your employer and possibly its workers’ comp insurance company. However, before you move forward with a claim, it is crucial to consider all legal options.

Most workplace accidents are covered by workers’ comp laws, but there are some exceptions. You might qualify to file a personal injury lawsuit, so you should understand how the two matters are different. The distinction could have a major impact on your compensation. A Miami workplace injury lawyer can explain your options after consulting with you about the details, but an overview is informative.

Benefits Through Workers’ Comp

What is the Difference Between the Jones Act and Longshore Claims?

Published on: December 24, 2021 | by Gerson & Schwartz, P.A.

When you work on the water and around ships, yards, and docks, you probably do not spend much time thinking about the difference between these laws. However, if you suffer workplace injury, the Longshore and Harbor Workers’ Compensation Act (LHWCA) OR the Jones Act will be at the forefront of your legal remedies. Both statutes are akin to a type of federal workers’ compensation program, but they apply to very different employment situations. As with many legal claims, the details matter – particularly the definitions and rules on eligibility.

If you were hurt while working on or around boats or water, it is likely that you can file a claim under one of these laws. You can trust a Miami workplace injuries attorney to address the specifics on Longshore versus Jones Act claims, but reviewing the basics is helpful.

Key Definitions

OSHA to Consider New Standards for Outdoor Work Impact Miami Employees

Published on: November 12, 2021 | by Gerson & Schwartz, P.A.

You may not regularly peruse the press releases published by the Occupational Safety and Health Administration (OSHA), so one announcement in particular might have slipped under the radar for many Florida workers. On October 27, 2021, the agency issued an Advance Notice of Proposed Rulemaking regarding new standards on heat exposure for employees working both indoors and outside. The initiative aims to protect workers as they perform job-related tasks in hot environments, as well to alleviate the risk of injuries from exposure to extreme heat.

For most of the US, working outside over the next few months will NOT trigger OSHA regulations on heat exposure: The standards take effect when the heat index exceeds 80 degrees. However, it is common for employees in South Florida to work in such conditions almost year-round. While you should always trust a Miami workplace injury lawyer for help if you suffer from a work-related medical condition, you should note some key provisions of the new OSHA standards.

Dangers of Working in Extreme Heat