Workers' Compensation

Published on: December 7, 2015

Florida Workplace Accidents: Workers’ Compensation or a Personal Injury Lawsuit?

Workplace accidents are common in Florida. In fact, there are, on average, between 200 and 250 work-related deaths each year across the state and many thousands more injuries. When someone is injured or killed on the job due to the negligence of another party, the injured person or their family may be entitled to monetary compensation, either through a workers’ compensation claim or through a traditional negligence lawsuit. If someone loses a loved one in a Florida work-related accident, they may be able to seek compensation through either of these means, depending on the circumstances of the accident.

Most of the time, a workers’ compensation claim, if available, is the sole remedy for the injured party. However, in some workplace accidents, workers’ compensation will not be deemed to be the sole remedy and the injured worker can file a personal injury claim against the allegedly negligent party. This is generally the case when the allegedly negligent party is not the injured or deceased worker’s employer. There is also a narrow exception carved out for when the employer’s willful or intentional conduct caused the worker’s injuries.

If a workplace accident case is brought, the plaintiff must prove three elements before they will be able to recover for their injuries. First, the plaintiff must show that the defendant owed them some duty of care. Second, the injured worker must show that the defendant breached that duty by some action or inaction. Finally, the worker must show that their injuries were caused by the defendant’s actions. This final element is called causation.

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Published on: February 11, 2015

Construction Accident in Southeast Miami Leaves Two Workers Injured

By Cecere Santana, P.A.

Towards the end of last month, a construction accident in southeast Miami injured two workers who were on-site at the time. According to one local news report, the accident occurred at 200 SE 3rd Ave., right in downtown Miami.

The accident took place all the way up on the 26th floor of the building. Evidently, an interior wall that was used to frame a larger cement wall fell atop two workers. At the time of the accident, the elevator in the building didn’t go up that high, so the rescue was difficult. However, rescue crews were able to use some of the construction equipment to lower the men down to one of the floors that had elevator access, and from there they were taken down in the elevator.

One of the workers was seriously injured by the accident, and another worker suffered minor injuries. The current status of the workers has not been released. The federal government’s Occupational Safety and Health Administration has taken over the investigation, and the results are still pending. At this point, it is unclear how the accident occurred and who may have been at fault.

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Published on: January 13, 2015

Man Injured in Workplace Injury Recovers $5 Million in Settlement Offer

By Cecere Santana, P.A.

In December a Buffalo, New York man accepted a settlement offer for $5 million to compensate him for injuries he sustained in an accident that took place back in 2008 while at work on a construction site. According to one local news report, the man’s injuries were quite severe, including a punctured lung, eight herniated disks, and a torn rotator cuff.

Evidently, the man’s case was almost dismissed after the defendants in the case—the general contractor and the property owner—made several arguments to the judge for early dismissal. First, the defendants argued that the man’s medical condition was not good at the time of the accident and that the injuries he claimed arose after the accident were preexisting. If the judge found this to be true, the damages sought by the man would be greatly reduced, potentially to zero.

Second, the defendants claimed that the man failed to pursue a safer alternative to his chosen path when he was injured. If the judge found that this was the case, the plaintiff’s own negligence may have mitigated the defendants’ responsibility.

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Published on: August 26, 2014

Are You a Victim of Personal Injury?

By Cecere Santana, P.A.

Have you recently been hurt on the job? Has your home been destroyed because of a robbery or accident? If so, then you may be eligible to receive a lump sum of cash for your losses. Personal injury is a sector of the law that protects citizens and workers who have been hurt because of another party’s negligence. Cecere Santana is a firm that represents such people. If you are unsure of where you stand in such a case, you can complete a short form for an immediate case evaluation. If there is any chance that you may win the case, then this trustworthy law firm will stand by your side.

Workers’ compensation is an insurance policy that was designed to protect injured workers. However, workers compensation only covers lost work wages until the worker recovers from the injury. If your employer was at fault for your work injury, then you may qualify for a personal injury case, and you can receive a substantial settlement as opposed to a portion of your work wages. Examples of employer-faulted injuries are situations in which the employers fail to fix faulty machinery or clean a mess that someone spilled on the floor. In such cases, the courts may construe your injury as their fault.

Property litigation cases are cases that involve your home or someone else’s home. You could be eligible for assistance if someone causes damage to your home. You may also be eligible if you received an injury while you were visiting someone else’s home. To have your case examined, you must contact a reliable attorney today who can review the events that led up to your injury. The amount of compensation you can receive will depend on the nature of your injuries and your amount of fault in the case.

Cecere Santana provides free injury consultation. You will not have to take a penny out of your pocket just to speak to someone about your qualifications. The lawyers at this firm are caring specialists who intend to see that the person or entity that has harmed you pays its rightful dues to you.