workplace injuries

How Do I Know if I Have a Workplace Injury Claim in Florida?

Published on: August 9, 2024 | by Gerson & Schwartz, P.A.

Workplace accidents happen all the time, and some incidents are so severe that they result in serious injuries to employees. The Florida Division of Workers’ Compensation (FL DWC) reports that injury-causing accidents are common, totaling around 60,400 cases per year. If you suffered injuries due to a workplace accident, you may already know that the path to recovery can be stressful. Not only are you in physical pain, but you are also incurring medical bills and other losses when you are unable to work.

You might be unsure if your injuries qualify for a claim under state workers’ comp laws, and the legal can also seem daunting. It is important to trust a Miami workplace accident attorney to assist with filing a claim and obtaining the benefits you deserve. Plus, some information will help you understand the key factors to determine if you have a potential workplace injury claim in Florida.

You are a Covered Employee. Florida’s workers’ compensation system covers most employees in the state, including full-time, part-time, and temporary workers. There are some exceptions, such as independent contractors, railroad workers, and certain government employees. Special rules also apply to construction workers.

Who Do I Sue After a Workplace Accident in Florida?

Published on: December 29, 2023 | by Gerson & Schwartz, P.A.

Accidents can happen in any type of workplace, and these incidents cause thousands of injuries and fatalities every year in Florida. According to the Florida Division of Workers’ Compensation (FL WCC), almost 64,000 workers file claims every year seeking monetary benefits. The losses are significant if you were injured at work, and they extend beyond the physical pain. You will suffer financial impacts as you incur medical bills for treatment, and you could lose out on wages by not being able to work.

The state workers’ comp system pays benefits, but there can be some confusion about how Florida personal injury laws apply to workplace accidents. You know that injured victims often seek legal remedies through a lawsuit in court. The key is which options are available to you under the circumstances, and your Miami workplace injury lawyer will provide answers. Some background about who you can pursue after an on-the-job accident is also useful.

Options After Work-Related Accidents

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

Top Three Workplace Injuries in Florida

Published on: August 12, 2022 | by Gerson & Schwartz, P.A.

While there are some industries where on-the-job accidents occur more frequently, the truth is that workplace injuries are a threat to employees in any market sector. Data compiled by the Florida Division of Workers’ Compensation (FL DWC) reveals that there are more than 64,000 total cases of work-related medical conditions reported every year, many of which involve days off work, a job transfer, or restrictions on activity. For injured employees and their families, the physical, financial, and emotional losses hit hard.

Two sets of laws apply to job-related accidents, and most employees will qualify for benefits under Florida’s workers’ compensation system. However, you may have rights under state personal injury laws in some cases. It is important to trust a Miami workplace injuries attorney for advice and counsel on remedies, as well as assistance with the legal process. Some information on the top on-the-job injuries is also helpful.

Back Injuries: Coming in third place is harm to the back, including injuries from the cervical to the sacral spine. Almost 8,700 of all workers’ compensation claims involve these injuries, many of which are incurred through trauma. Strain from repetitive movement, especially in the lower back, is also a source of injuries.

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