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SEEKING COMPENSATION THROUGH A WORKPLACE INJURY LAWSUIT WHEN TIME IS RIGHT

Construction workers generally are not new experiencing workplace injuries. These incidents do occur very frequently. There are several means by which workers, injured on the job, can find compensation for their injuries.

Filing a workers’ compensation claim

While working within the scope of their employment, injured employees injured on the job can decide to file a workers’ compensation claim against their employer through a personal injury attorney in Florida. Through this, they can obtain temporary or permanent benefits even while they are not inept to return back to work. However, no benefits are accrued to any worker who is unable to return to work.

Additionally, a Florida worker’s compensation claim does not compensate for pain and suffering that occurred as a result of the accident. However, the only remedy will be the availability of a workers’ compensation claim to the injured worker. This implies that they will be unable to seek compensation through a personal injury case.

Workers in Florida can obtain benefits by filing a personal injury claim against the negligent third party (not necessarily their employer) that is responsible for their injury. Compensation for pain, suffering, lost wages, and medical expenses experienced as a result of the accident can be recovered once they are successful in the personal injury case.

Here is the case of how an injured employee sought to file a claim against a third party but was unsuccessful.

The case

The plaintiff is a worker at an insulation construction company that was contracted by the defendant to work on their chemical tanks. All employees working on the tanks were required to undergo some sort of familiarization training so as to be able to understand the hazards involved with the chemicals they may be exposed to, which was part of the agreement.

One particular day, the plaintiff who mistook a puddle to be water stepped into it while climbing down a ladder. Since he was wearing shorts, he felt the splashed liquid on his bare leg and was reluctant to wash off immediately. Later, he noticed a burning sensation in his leg. The liquid soon turned out to be a harmful chemical which caused serious chemical burns on the plaintiff’s leg.

The plaintiff claimed that the company was negligent in letting the puddle to form beneath the ladder. To this end, he filed a third-party workplace injury lawsuit against the defendant. Nevertheless, the lawsuit was dismissed by the court, stating that all duties owed by the defendant to the plaintiff were fully fulfilled.

According to the court, apart from ensuring a mandatory training course for all employees, the defendant also went ahead to illustrate the dangerous nature of the chemicals contained in the tanks by placing warning signs. While the plaintiff will be disallowed from pursuing his claim against the defendant, he may, however, secure a viable worker’s compensation against his employer.

Feel free to talk to a personal injury attorney in Florida particularly if you’ve been recently injured in a workplace accident in Florida.


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