Unsafe workplace lawyer in Tampa
Each day when we go to work, we have the reasonable expectation that our employer will do all they can do protect us. However, in some unfortunate circumstances, for a variety of reasons, an employer can fail to do all they can to ensure the protection of an employee. When these failures result in the injury of an employee, many cases will result in a workman’s compensation claim, however some exceptions do exist. When a case falls in to one of those exception categories, the unsafe workplace lawyers at Swope, Rodante P.A. can investigate your claim and help determine what next steps you can take in an attempt to recover any damages.
When does Workman’s Compensation Coverage Apply?
An injury that arises “out of and in the course of employment” will usually entitle an injured person to workers’ compensation under Florida Statutory law. This policy can provide some measure of wage replacement and medical benefits in order to assist in your recovery from an injury. The benefits covered may also take facilitate the care of any family members who may be dependent on your lost income.
In an ideal world, workers’ compensation provides benefits for a period of time that will allow a worker to return to gainful employment while only costing an employer a reasonable amount of money. As a worker, the burden falls to you to document your injuries and notify an employer within 30 days or risk not receiving any benefits.
Working under hazardous conditions
The duty of providing a safe workplace falls to an employer. At any site where workers provide their services, an employer has specific responsibilities to ensure that their employees remain safe. These responsibilities include the need to post safety notices, recording any and all incidents including death, injury or exposure and ensuring all employees receive appropriate safety training. Governmental standards from the Occupational Safety and Health Administration (OSHA) determine job site essentials including the protocols for the storage of hazardous materials, equipment maintenance, protective clothing and fire protection.
Types of hazards in the workplace
Certain circumstances do permit the use of hazardous or dangerous materials, however these circumstances should be rare and should not set the standard. When these circumstances do arise, an employer should do all that they can to ensure that their workers have adequate protection and that they have done all they can do mitigate any risks. Unfortunately, either due to carelessness or negligence, some employers fail to protect their employees and the employees suffer from unsafe working conditions that result in an injury. The primary causes of these accidents are as follows: transportation accidents, violence and other injuries by persons or animals, falls, trips or slips, exposure to harmful substances or environments, contact with objects and equipment, or fires and explosions. If your employer has failed to adequately protect you in the workplace, reach out to one of our attorneys who can investigate the circumstances of your injury and determine if your employer is liable for your injury.
The workplace injury cases that Swope, Rodante P.A. handles
While many injuries at work do fall in to the category of workers’ compensation claims, we do work with clients who suffer an injury at work that falls in to one of the following exception categories.
- A third-party personal injury claim made against someone who is not your employer. For example, if you are driving a delivery truck and suffer an injury as a result an accident, the at-fault driver, could bear responsibility and a personal injury claim could be made against that driver.
- If a defective or damaged product is the cause of an injury, the manufacturer could hold responsibility through a product liability claim.
- In certain conditions, when an employer has committed intentional or egregious conduct that results in injury or death, a personal injury lawsuit could be brought directly against your employer.
- When an employer fails to carry workers’ compensation coverage, then you as an employee may be able to bring a suit in civil court against your employer to collect money from a state fund
Talk with a Tampa Workplace Injury Lawyer
Our personal injury attorneys are here to help you if you have suffered an injury at work. If you are unsure whether your claim qualifies for workers compensation or something more serious, we can help you determine what next steps to take. Call our office in Tampa today to speak to a lawyer.
Works Cited:
Endeavor Business Media, LLC. (2019, December 19). Higher Work Fatality Rate Driven by Transportation Incidents. EHSToday. Retrieved September 23, 2021, from https://www.ehstoday.com/safety/article/21118746/higher-work-fatality-rate-driven-by-transportation-incidents.
Martone, J. A. (2020, May 18). Arising out of and in the course of employment. AmEquity. Retrieved September 23, 2021, from https://www.amequity.com/longshore-insider/article/arising-out-of-and-in-the-course-of-employment.
Pro Bono Net. (n.d.). The Differences between Criminal Court and Civil Court. LawHelp.org. Retrieved September 27, 2021, from https://www.lawhelp.org/resource/the-differences-between-criminal-court-and-ci.
United States Department of Labor. (n.d.). About OSHA. About OSHA | Occupational Safety and Health Administration. Retrieved September 23, 2021, from https://www.osha.gov/aboutosha.
Wishnia, J. (2021, June 14). Unsafe working conditions and imminent danger. LegalMatch Law Library. Retrieved September 23, 2021, from https://www.legalmatch.com/law-library/article/unsafe-working-conditions-and-imminent-danger.html.