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Articles Posted in Workers’ Compensation

A Florida man. 44 years old, is accusing a company of negligence arising out of an incident when a peeler machine cut off his penis in an industrial accident last year.

The injury occured on January 13, 2010 at Future Foam Carpet Cushion. The law suit alleges that the injured worker removed a “foam core” from a machine with a steel blade and that he had not been trained to use the machines but was doing so at the request of supervisors. The injured worker was the direct employee of a staffing agency. This law suit also contains a claim against the manufacturer of the peeler machine.

The Occupational Safety and Health Administration has issued 10 citations for violations related to this incident, all of which are being contested by the company and which add up to over $40,000.00 in fines.

The injured worker is also pursuing his workers compensation benefits from the Staffing Company.

On the job injuries and Negligence
In Florida, the workers compensation Statute covers all persons injured during the course and scope of employment. This statute immunizes an employer from tort liability in most instances. In this instance, this would be the staffing company who employed the injured worker.

The Statute, however, does not immunize other parties whose negligence caused injury and from which the worker has suffered damages. In addition to a workers compensation claim against an employer, therefore, an injured worker may also seek damages against a third party tortfeasor; in this case the Foam company and the manufacture if the machine.

These issues can become very complex and it is advisable to discuss any claim with an injury attorney in order to protect your rights against any and all parties.
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Florida law requires most employers to carry workers’ compensation insurance coverage in case a worker gets injured or becomes ill while on the job. Workers’ compensation benefits help injured workers and their families by providing payments for medical bills, money to replace lost wages, and other related expenses.

A worker that is injured or becomes ill while at work in Florida should report the incident to their employer as soon as possible, but always within thirty days of the accident. The employer is then required to pass on the information to the workers’ compensation insurance company. If the employer refuses, the injured worker may notify the insurer themselves.

Florida workers’ compensation benefits typically total two-thirds of the injured worker’s average weekly wage. However, since the calculation may depend on the worker’s schedule or other factors, it helps to have an experienced Miami workers’ compensation attorney review the case and make the calculation to ensure correct compensation is obtained.

Workers’ compensation benefits are paid bi-weekly. They do not usually cover the first seven days a worker is disabled, unless the worker ends up being disabled for more than 21 days. In these cases, the insurer may pay for the first seven days as well. Payments for total or partial disability may last up to 104 weeks.
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As the Miami Dolphins prepare to take on the Chicago Bears after losing two franchise quarterbacks to injuries in the same game, the heated discussion regarding the safety of players and health issues in the league draws close to home for South Florida fans. To add “fuel” to the fire, the NFL has a proposed an 18 game regular season which many argue will only increase the injury rate of the players.

Recent actions of the National Football League, however seem to convey efforts to actually reduce the injury rate of the players by imposing fines of tens of thousands of dollars for an illegal hit. In addition, players may be subject to suspension from play for these hits. Player James Harrison was one such player that was fined $75,000. It would appear that NFL is taking strong measures towards ensuring the safety of its players.

So this begs the question as to whether the “Chads” will ever be entitled to benefits under the Florida Workers Compensation Statute paid for by the NFL for their work related injuries?
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