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Understanding Personal Injury Claims On The Jobsite


Not only is Florida home to more than 19 million people, it’s also the location of countless businesses and employers. For the most part, you can expect to go through your days without too much trouble, but on occasion, you might become injured during your work. When that happens, your employer will often have to handle the costs of your injuries.

Overall, worker’s compensation insurance handles the medical bills you’ll incur during your recovery, but in certain instances, that may not be enough. Sometimes, personal injury claims are something that may have to be filed against an employer. This can be quite substantial. For example, a railroad worker in Billings just won $500,000 in damages due to an injury that occurred while he was on the job.

But how do you know when you might have the grounds to seek compensation, and when you won’t be able to? It really comes down to the situation. While a personal injury lawyer will be able to tell you much more, you can understand the basics of this kind of situation for yourself fairly easily.

When it comes to an on the job injury, whether or not you can seek compensation really comes down to negligence and recklessness. Employers must:

  • Provide adequate training to all employees
  • Make employees aware of any risks and dangers present in an area
  • Take steps to reduce the risks and dangers as much as possible
  • Provide the safest workplace possible

For instance, an employee who is hired but not given the proper training needed to understand how to use a piece of machinery, and who then is required to operate that machinery and gets injured as a result, could have a case.

Another example is when an area of the worksite is dangerous and the employer knows it, but chooses not to put up any warnings or take steps to correct the problem.

These are two perfect examples of negligence and recklessness on the part of the employer. However, there is another thing to consider. The risk must be something that a reasonable employee couldn’t have obviously known about. For instance, if you’re working with fire or hot objects, you obviously know there’s a risk of being burned. The employer doesn’t have to go to huge lengths to tell you so. But if a piece of equipment that shouldn’t be hot at all burns you and the employer knew there was a problem with it, a case may exist.

In determining what kind of settlement you may be entitled to, courts will usually look at your medical bills that are related to the injury as well as lost wages due to the injuries. For instance, in the Billings case mentioned earlier, the worker was forced to retire from his job of 31 years due to injuries. The jury used an estimate of what his lost wages from that point up to when he would have retired would have been, and awarded him the $500,000 based on that amount.

Job related personal injury law is one of the most complicated areas of personal injury laws to navigate due to the Federal Employers’ Liability Act. A lot of different things can go into determining whether or not you even have the right to seek compensation, so it’s important that you speak to an experienced personal injury attorney as soon as you can. They’ll help you understand more about what your options are and whether or not you can actually pursue legal action to get the compensation you feel you’re owed. Contact us to learn more about what we can do for you.

Attorney David Goldman has a strong belief that everyone should be treated fairly and those with the means should do what they can to bring justice in all areas of our society. That belief has led him to help Florida's injured from being taken advantage of by corporations and insurance companies. Since 1989 David Goldman has been fighting for the rights of Floridians both as an attorney and by personally supporting our community.

Understanding Personal Injury Claims On The Jobsite

Goldman Babboni Fernandez
Murphy & Walsh




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