Florida Workers Compensation Benefits | Nicole Hessen, P.A. https://www.injuredworkersonly.com Thu, 21 Oct 2021 01:48:20 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Dangerous Occupations in Florida https://www.injuredworkersonly.com/dangerous-occupations-in-florida/ Mon, 26 Feb 2018 17:23:58 +0000 https://www.injuredworkersonly.com/?p=304 Read More »]]> Nonfatal injuries and illnesses among U.S. workers declined between 2015 and 2016, according to the U.S. Bureau of Labor Statistics. But on-the-job deaths increased by 7 percent, reaching the highest number of fatalities since 2008. The most worker deaths occurred in Texas, followed by California and Florida.

Nationally, truck drivers and sales worker/drivers experienced the most fatalities of any occupation, accounting for 918 of the 5,190 worker deaths in 2016. In fact, transportation-related deaths accounted for 40 percent of all worker fatalities in the U.S.

But driving is not the only dangerous occupation. Here are four other jobs with high rates of worker injuries and fatalities:

  1. Construction Worker. According to the federal Occupational Safety and Health Administration, one in five worker fatalities in 2016 were in construction. Common accidents include electrocutions, being struck by a falling object, and falls from scaffolding, roofs and ladders. Many accidents occur because workers are not properly trained or supervised. Many employers also fail to provide workers with necessary safety equipment like hard hats and harnesses.
  2. Farm Worker. The industry with the highest rate of fatal injuries in Florida is agriculture, according to the U.S. Census of Fatal Occupational Injuries. In 2016 there were 41 deaths for every 100,000 full-time farm workers. Farmers can die from tractor rollovers, grain suffocation, electrocution, deadly fumes, and getting caught up in dangerous farm equipment.
  3. Factory Worker. Like farm workers, factory workers must often contend with dangerous equipment and toxic chemicals. Another problem inherent in factory work (and the trucking industry) is long shifts and repetitive tasks, which can lead to worker fatigue. When factory workers are fatigued they may lose focus and make a deadly mistake. Many people believe that an actual accident has to occur and in many cases the repetitive nature of a particular task results in a work related injury and is a valid workers’ compensation claim.
  4. Groundskeeper. The second highest number of worker fatalities in Florida in 2016 were groundskeepers, who are often exposed to harmful substances. A 2011 report conducted by the U.S. Centers for Disease Control and Prevention found that groundskeeper fatalities are also caused by electrocution, drowning, falls, transportation accidents, and equipment-related accidents.

If you have suffered an injury, or a loved one has been killed, while working in any occupation in Florida, contact an experienced workers’ compensation attorney today.

Fewer Federal Safety Inspectors

OSHA inspectors enforce federal health and safety requirements in the workplace. But 40 inspectors have left the Occupational Health and Safety Administration since President Trump left office, according to an NBC News report. As of early October, none of those vacancies had been filled. Unfortunately, even before these departures regional OSHA offices were already understaffed.

The southeast region, which includes Florida, lost the most inspectors.

Fewer OSHA inspectors could mean more workplace safety violations and lead to more worker injuries and fatalities.

Contact Us Today

Contact one of our workers’ compensation attorneys at Nicole Hessen, P.A. today if you have been injured on the job, or if a loved one has been killed on the job, in West Palm Beach. We will determine your eligibility for benefits and help recover the compensation that you are entitled to receive under Florida law.

Resources:

safetyandhealthmagazine.com/articles/16359-nonfatal-injury-and-illness-rate-in-private-sector-continues-to-decline-bls

bls.gov/iif/oshwc/cfoi/tgs/2016/iiffw12.htm

nbcnews.com/politics/white-house/exclusive-number-osha-workplace-safety-inspectors-declines-under-trump-n834806

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Involved in a Car Accident During Your Morning Commute – Are You Protected by Workers’ Compensation? https://www.injuredworkersonly.com/involved-in-a-car-accident-during-your-morning-commute-are-you-protected-by-workers-compensation/ Thu, 08 Feb 2018 14:45:42 +0000 https://www.injuredworkersonly.com/?p=279 Read More »]]> In 2015, there were approximately 374,522 car accidents in Florida. Of those, approximately 243,396 people suffered bodily injuries. There is a good chance some of those wrecks occurred when a Floridian was commuting to or from their job.

So is this accident covered by workers’ compensation? In Florida, it depends. 

Coming and Going Rule

Florida adheres to the “coming and going rule” when assessing whether workers’ compensation applies to an automobile collision. Basically, if an employee is away from the job premise and was not engaged in any work-related task, then they are not covered under their employer’s workers’ compensation policy. 

Exceptions to the Coming and Going Rule

There are exceptions to this general rule where an employee can be covered by a workers’ compensation policy when they are away from the workplace. If the employee was traveling from Place A to Place B as part of their job and they are involved in a collision, their injuries may be in fact be covered under workers’ comp.

For example, let’s say you have a meter reader who drives an employer-owned vehicle from business-to-business throughout the day. If they are involved in a wreck with another vehicle and the employee suffers a serious bodily injury like a broken bone, torn ligament, spinal cord damage, etc. they may be able to access workers’ compensation coverage because they were traveling within the scope of their employment.

Similarly, if you work in a white collar profession (e.g.  sales representative) and you must commute to visit with customers, perform inspections, etc. you may be covered for an injury suffered while traveling to these locations. 

What To Do After an Injury

If you are injured while commuting, you need to report the collision to your employer and request that an incident report be completed. Even if you are unsure that the accident will be covered, you should still take the steps necessary to get an incident report filed. The timing of the claim is important. Why? Because the sooner your injury is reported, the sooner eligibility can be determined by the workers’ compensation insurance carrier. In Florida, an employee has thirty days to file a report. Nevertheless, taking action soon after the accident is the recommended course of action.

If your employer does not notify the workers’ compensation insurance company and it basically stonewalling the claim, then you have the right to notify the insurance carrier of what is going on. This is where hiring an experienced West Palm Beach workers’ compensation lawyer makes sense. 

Speak to an Experienced Florida Workers’ Compensation Lawyer

If you live in or around West Palm Beach, now is the time to speak with the experienced workers’ compensation attorneys at Nicole Hessen, P.A. Our team of attorneys possesses years of experience helping workers who were seriously injured on the job (including traveling from point A to point B for their job). Contact our office today to schedule a free, confidential case review.

Resource:

flhsmv.gov/resources/crash-citation-reports/

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Undocumented Workers Not Getting Workers’ Compensation Benefits in Florida https://www.injuredworkersonly.com/undocumented-workers-not-getting-workers-compensation-benefits-in-florida/ Mon, 13 Nov 2017 15:20:28 +0000 https://www.injuredworkersonly.com/?p=240 Read More »]]> Florida is supposed to provide workers’ compensation benefits to all injured workers, regardless of their immigration status. But a recent NPR and ProPublica investigation found that a 2003 state law enables insurers to avoid paying lost wages and medical expenses to undocumented workers.  However, in the State of Florida if you do not use a false social security number on any of the documents related to medical treatment for your workers’ compensation injury and the workers’ compensation claim itself including any forms sent to you by the workers’ compensation insurance carrier an undocumented worker is entitled to many of the benefits offered in the workers’ compensation system regardless of the fact that you may not have a valid social security number or a social security number at all.  It is very important that you contact a workers’ compensation attorney in the State of Florida immediately following your accident to help guide you through the process of the workers’ compensation claim.

Our Talented Attorneys are Here to Help 

Ultimately, the attorneys at Nicole Hessen, P.A. will fight on behalf of lost workers to ensure they are paid lost wages. Just because a worker is undocumented, this does not prevent them from receiving compensation benefits including medical treatment and monies related when an undocumented worker is on a no work status. Undocumented workers are also eligible to receive impairment income benefits, which consists of money benefits awarded once a doctor places them at maximum medical improvement. These workers are also entitled to out-of-pocket prescription expenses and mileage to and from all authorized medical appointments.

Finally, it is important to note that undocumented workers are even eligible for workers’ compensation benefits if they secured the job with a false Social Security number, or if they do not have an SSN at all. However, they cannot use a false SSN in any of their workers’ compensation claim forms or for any other related purpose including the intake forms for the authorized treating physicians in the workers’ compensation claims or treatment related to the initial hospital visit .

Contact Us Today

Contact one of our workers’ compensation attorneys at Nicole Hessen, P.A. today if you have been injured on the job in West Palm Beach, regardless of your immigration status. We will help recover the compensation that you are entitled to receive under Florida law. We will also keep abreast of any changes to the law that may affect your rights as Florida workers.

Resources:

npr.org/2017/08/16/543650270/they-got-hurt-at-work-then-they-got-deported

psmag.com/news/florida-lawmakers-are-reviewing-a-law-targeting-undocumented-workers-injured

publicnewsservice.org/2017-09-06/immigrant-issues/fight-to-protect-floridas-undocumented-injured-workers/a59307-1

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