South Florida Injury Lawyer Blawg
Wrongful death in the workplace or during work activities is one of the most tragic events that a Florida family can experience. Those that suffered a loss because of a Florida workplace accident should contact an attorney to discuss their rights and remedies. These cases can be challenging because of the interplay between workers’ compensation and negligence laws.
The Occupational Safety and Health Administration (OSHA) reports that many fatal workplace accidents occur at construction sites. OSHA classifies construction site accidents into one of the “fatal four” incidents, electrocutions, falls, crush injuries, and blunt force injuries. For example, recently, a Florida news report described a shocking crush injury at a Home Depot. The victim was delivering materials to the Florida Home Depot when a load of construction materials fell on him. OSHA stated that they are investigating the incident to determine why the construction load fell. This situation is a prime example of a potentially complex negligence lawsuit. The delivery driver was not a Home Depot employee, but rather an employee of a third-party carrier, delivering products from another company.
Generally, the law provides Florida employers with immunity from their employees’ personal injury lawsuits. The immunity is derived from Florida’s workers’ compensation laws, which allow employers to receive payments for their injuries without establishing employer negligence, unlike traditional personal injury lawsuits. However, as a trade-off for this “no-fault” system, lawmakers have made it exceedingly difficult for employees to sue an employer successfully. However, there are exceptions if an employer acted grossly negligent, in a wanton manner, or intentionally. However, it is an onerous standard that many plaintiffs cannot meet.
In some cases, employers may file a claim against a third-party who is not their direct employer. For example, this may apply in a case similar to the one above. The delivery man’s family may be able to file a lawsuit against Home Depot for the company’s negligence, if an investigation reveals that it was negligent in failing to secure the construction materials. However, business relationships can be complex, and they become even more so when the victim is an independent contractor, subcontractor, or there are disputes to the parties’ relationship. Florida injury victims or their families should contact an attorney to discuss any viable compensation claims.
Have You Suffered Injuries Because of Another’s Negligence?
If you or someone you love has suffered serious injuries or died because of another’s negligence, you should contact the Law Offices of Robert Dixon. Our law firm attorneys have extensive successful experience handling Florida premises liability claims, wrongful death lawsuits, defective product claims, and medical malpractice complaints. We maintain a very active practice and continuously evaluate changes to statutes, regulations, and case law. Our attorneys possess the skills, knowledge, and resources to successfully advocate on behalf of Florida injury victims. We routinely recover sizeable settlements and jury verdicts on behalf of Florida injury victims, helping them move on with their life after an accident. Contact our law firm at 877-499-4878, to schedule a free initial consultation with an attorney on our team.