Articles Posted in Workers’ Compensation

Many workers compensation claims stem from back injuries sustained on the job. Lower back injuries, spinal cord injuries, and other serious injuries causing back pain are a common occurrence in the workplace. In fact, back injuries make up nearly 20% of all workplace-related injuries. They can occur in any industry, and the majority of them can be prevented. You can avoid the hassle of claims and the pain of injuries by following some basic guidelines to back health:

1) Get proper workplace training. If your job requires moving, lifting, or other heavy work, make sure that you get the training that teaches you exactly how to do these tasks without getting injured. Get retrained regularly to ensure that these techniques remain fresh in your mind.

2) Get regular exercise. Regular exercise, especially training of your abdominal back muscles, can help make your back stronger and can prevent back injuries. Also, train to make sure that your hips and hamstrings remain strong. This can also help prevent back injuries.

In Clearwater, Florida the case involving Robert Scott was recently settled. Scott was a Clearwater building inspector. He suffered a work-related accident on 27 August 2003. The back injury that resulted from the accident was serious enough to warrant surgery. Even after the surgery and intensive treatment, he still has physical restrictions as well as pain. Treatment is ongoing for the injury and in the meantime Scott is unable to resume his work as a building inspector.

Scott’s employment was terminated in February 2004. At that time, he took out his share of the pension fund provided by the city. Eventually, Scott also filed a suit against the city. Recently, a settlement was reached in the case. Outside counsel advised, and the city accepted, a full settlement of $150 000. The proceeds will be paid for the Central Insurance Fund belonging to the city.

The City Council unanimously accepted the mediator’s view that Scott should be paid in full. The recommendation made by outside counsel, Tim Jesaitis was accepted and it is expected that the May 17 decision by the city will be honoured.

Both Florida attorneys and the Florida Division of Workers’ Compensation can provide answers about workplace injuries and insurance coverage for injured workers. If you have been injured in an accident at work, though, you may want some basic information about what will happen and what you can expect from workers’ compensation.

If you have been injured at work, you should seek medical attention right away. You should also report your injury as soon as possible. According to Florida Statutes Section 440.185 , you should report your injury no later than 30 days from the date of your injury or your claim may be affected. Your employer should report the injury promptly, no later than seven days after they first become aware of the injury. Within three days of your employer reporting the incident, the insurance company will send you a brochure explaining your rights and responsibilities under workers’ compensation law.

If you have not received a brochure from the insurance provider or if your employer refuses to contact the insurance company, Florida Statutes Section 440.185 allows you to report the injury directly to the insurance company. You can also seek help from the Employee Assistance Office (EAO) at (800) 342-1741. However, if your employer is trying to deny your injury or is refusing to report the injury, your best option may be to contact a qualified Florida attorney. The law team at Flaxman & Lopez has extensive experience in workers’ compensation cases and can help represent you.

Florida state laws and federal laws mean that most employers are legally required to provide a safe workplace. This means a workplace that is free from any dangers that are likely to cause harm or death to workers. An employee has a right to a safe workplace and has the right to complain to their employer about unsafe conditions. Employees also have the right to complain anonymously to federal or state agencies if a workplace is unsafe.

By law, workers cannot be punished for reporting unsafe workplaces. Unfortunately, this does not prevent some employers from changing an employee’s duties or position after a complaint. This is why many workers choose to appeal to agencies anonymously or seek legal help when facing employers over unsafe conditions.

Florida has workers’ compensation laws to protect any employees who are injured or killed on the job. These laws are meant to offer fixed money compensation and reduce the necessity of appealing to the courts for compensation. These laws also protect employers by placing limits on how much compensation can be awarded to employees. Under Florida’s laws, workers’ compensation offers workers with permanent total disability 66 2/3% of the average weekly wage. Temporary total disability usually is compensated with 66 2/3% of the average weekly wage, with a limit of 104 weeks for recovery. Permanent impairment benefits amount to 75% of the average weekly salary in most cases.
In the state of Florida, workers’ compensation is administered by the Florida Division of Workers’ Compensation. The program is designed to be fair to both employers and employees. Employees are given benefits for injuries they sustained during work and receive money to replace lost wages during recovery. For employers, the program helps prevent lawsuits, even in cases where the company was negligent.

Unfortunately, because of concerns of fraud, some claims are not given the attention they deserve. Some employers and workers’ compensation experts dismiss some cases as frivolous. Some workplace injuries result in trauma or injuries that cannot be easily appreciated. This leads some employees to be given smaller benefits than they require for their medical treatment. In cases where an employer was clearly negligent and failed to provide a safe workplace, employees feel that some legal action needs to be taken to prevent the same accident from happening to another worker.

Employees who have been injured should seek help immediately. Injured workers should get the best treatment possible and qualified medical help at once. It is also important that healthcare professionals document all the injuries and that proof is gathered of the injuries and of the manner in which they occurred. Any workplace accidents need to be reported right away. If adequate benefits are denied, a worker can appeal to an attorney for help in getting fair benefits and compensation.

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