While some are more dangerous than others, every workplace carries a risk of accidents and injury. While some of these accidents cause minor scrapes and bruises, others end up with more serious injuries, such as traumatic brain injuries, spinal cord injuries, and even amputations.
While some accidents are just that — accidents — depending on the circumstances, you may still be entitled to compensation. To discuss and protect your legal rights, call a Fort Lauderdale workplace accident and injury lawyer at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L.: 954-524-2820.
Workers in any industry can be the victims of a workplace accident. Some of the top workplace injuries result from:
Common workplace injuries we have seen include:
Yes, but only some of it. In general, workers’ compensation provides benefits to those who have been injured on-the-job. Workers’ compensation will cover all of your medically necessary treatment, transportation to and from doctors’ appointments, and 66 percent of your lost wages.
Workers’ compensation will help you stay afloat, but unfortunately, it does not cover everything. You might have other options.
While workers’ compensation prohibits you from filing suit against your employer in most cases, even if he or she is at fault, you might be able to hold another party liable for your injuries. Some of your options include:
You may be able to hold a manufacturer liable in a product liability or toxic tort suit. For example, if your office chair had a defective base that snapped, causing you to fall and break your tailbone, you may be entitled to compensation.
If you have been exposed to a harmful substance, you may be able to file suit if the toxic substance was unlabeled/not labeled properly.
Even though you were at work at the time, this will likely proceed like a typical car accident claim. If the driver was on-the-job at the time, you may be able to hold his/her employer liable.
Property owners have a responsibility to keep their property safe for invited guests as well as those working on the property. If an unmanaged, unsafe condition caused your injury, you may be able to hold the property owner liable.
If another third party, such as an architect, subcontractor, or engineer caused your accident, you may be able to hold that third party liable.
Determining your liable party(s) can be difficult. We will launch a full investigation into the cause of your accident and find all liable parties.
Once we have determined liability, we will need to prove the other party was negligent. To establish negligence, you will need to prove the following:
You will need to prove that the defendant in your suit owed you a duty of care. For example, property owners have a duty to take reasonable care to protect those on the property from known hazardous conditions.
You will next need to establish that the defendant breached a duty owed to you. For example, if the handrail broke and caused you to fall down the stairs leaving work, you must be able to prove that the property owner knew of the broken handrail and did nothing to fix it.
You will need to show that the third party’s negligence was the direct cause of your injury. Essentially you must prove that the accident would not have happened but for the negligent actions (e.g., had the handrail not broken, you would not have fallen down the stairs).
Lastly, you will need to establish that you suffered injury as a result of the accident in question. You can use medical records, W-2s, and other documentation to establish your damages.
Establishing breach and causation can be difficult. Our team will gather all necessary evidence and work with accident reconstructionists to establish these elements.
Workers’ compensation benefits will cover some of your lost wages and medical expenses, but there is typically a limit to how much you can get. Workers’ compensation also does not take non-economic losses into account. Filing a lawsuit against a third party can help you recover additional damages for:
Collecting all the evidence you need to sue for these damages is not easy. You will need to contact experts, record witness statements, obtain and analyze medical records, and so much more.
A Fort Lauderdale workplace accident attorney can help you with every step of the process and make sure that you do not feel overwhelmed by what lies ahead.
Discuss your workplace accident claim with the attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L today. For help holding the responsible parties liable, give us a call: 954-524-2820.