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Car Accidents And Workers Compensation

When you have been involved in a car accident, so many things are running through your mind. For most people, one of the last things they think about is whether they can receive workers compensation for their injuries.

If you were in your car on any kind of work duty or even a work errand, you may be entitled for compensation from your employer. The Florida Workers Compensation Help Center knows that laws and can help guide you through this process.

The Bureau of Labor Statistics reports that 23 percent of worker compensation claims are due to roadway incidents. If you are a commercial driver and were involved in an accident, it is almost certain that your employer carries some degree of liability.

However, there are many cases in which even individuals who do not drive professionally are protected.

Some examples that fall into this ‘gray’ area of employer liability include:

-If you were driving to a sales call or a meeting for your employer
-If you were running a work-errand including picking up or dropping off items
-If the accident occurred on the work site or employer’s property, including parking lots, due to an obvious hazard
-If you were driving a company vehicle at the time of the accident

Anyone who has been involved in a #CarAccident, no matter the circumstances, needs experienced legal representation to determine exactly who is at fault and to protect you from being held accountable. A good lawyer will also be able to ascertain whether your employer may hold some accountability. No one wants to confront their employer without a trusted attorney on their side.

Instances in which the employer can be held liable usually fall into three categories: employer negligence, negligent supervision and vicarious liability.

Employer negligence means that the employer hired an individual knowing they will be driving as part of their work duties, but did not perform their due diligence on the new employee. If the employee has a history of accidents on their driving record or is under the influence of drugs or alcohol, the employer may actually be at fault for allowing them to drive professionally. In accidents involving commercial drivers, the employer is at high risk of being held responsible.

Negligent supervision can be claimed is the employer does not have reasonable safety policies in place or fails to perform safety checks. Again, this is mainly applicable in cases of commercial drivers who are supposed to be following strict laws that guide all of their safety practices. Even if the driver failed to heed to correct standards in any aspect of their job that resulted in an accident, it may still be the employer’s fault for not closely monitoring their work activities.

Vicarious liability, on the other hand, is most commonly the argument for employer liability even for non-commercial drivers. As the terms implies, even if it was not the employer who was involved in the accident, as the superior who ordered the employee to be driving they are vicariously responsible for the employee’s actions. This may apply to some of our examples, including if the employee was running a work errand or driving to or from a meeting.

There are two types of coverage that will likely come into play if you have been injured in a work-related car accident. Your employer’s liability insurance is meant to cover damages to any third parties involved in the incident. Third parties could include drivers in other vehicles or even business associates that were passengers in the car. Employer’s liability insurance should cover medical bills as well as any additional costs for suffering.

Workers compensation is mean to protect you, the employee. By law, it is meant to cover medical care and either a portion or all of your lost wages because of the accident. However, only a workers compensation attorney can fight for costs associated with your suffering, mental and emotional trauma and overall lost quality of life.

The most important thing you can do if you have been involved in a #CarAccident while driving for any work-related task is to speak with a workers compensation attorney. #FloridaWorkerCompensationLawyers have recovered millions for people just like you.

Contact to an Experienced Florida Workers’ Compensation Lawyer to discuss your case.

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Occupational Skin Disease And Workers Compensation

Millions of workers are exposed to dangerous hazards every day. These hazards can have any number of negative impacts on the body, especially if you are in direct physical contact.
Workers in direct contact risk developing “occupational skin diseases” or OSDs. If you are one of the many workers who have developed a skin disease or disorder due to exposure at your job, you need to speak with a Florida workers compensation attorney.

The Centers for Disease Control and Prevention (CDC) estimate around 13 million workers in the U.S. are exposed to chemicals that can be absorbed through the skin. Unfortunately, so many of those that end up developing work-related skin problems don’t make the connection.

The U.S. Bureau of Labor Statistics (BLS) estimates that the number of skin issues resulting from work is likely up to 70 times higher than reported cases.

Skin issues have a massive impact on the health and quality of life of sufferers. What’s more, they have a measurable financial impact in the workplace. A study published in Industrial Safety & Hygiene News revealed that OSDs account for $1.4 billion in medical costs and around $500 million in productivity losses.
Your skin is arguably the most important and most vulnerable part of your body. It protects all of your other essential organs from your environment, at great risk to itself.

The National Institute for Occupational Safety and Health (NIOSH) reports that workplace hazards to the skin come in several different forms. If you are showing signs of a skin issue, take note of any of the following in your workplace:

-Chemical agents

-These are the biggest culprits for OSDs. They can be either direct irritants, having a direct effect on the skin, or sensitizers, which cause skin reactions after prolonged exposure

-Biological agents

-Anything from poisonous plants to parasites
-Physical agents

This can be extreme temperatures, either hot or cold, or any kind of radiation

Exposure to any of these common skin irritants can cause either immediate reactions or conditions that take a long time to even exhibit symptoms. That’s what makes OSDs sometimes difficult to report. Data from BLS shows that some of the most commonly reported OSDs are separated into two categories:

Irritant contact dermatitis (ICD) usually presents itself as inflammed, dry, itchy, red irritated skin at the point of contact with the irritant. This is a non-immunologic reaction, meaning that it is a direct result of the irritant’s interaction with the skin rather than the skin’s immune response to the irritant.

Allergic contact dermatitis (ACD) can also present itself similarly, with inflammation and generally very irritated skin, but it is due to the body’s response to the irritant. The allergic reaction is also not confined to the area of contact and can spread anywhere on the body.

While both of these may be treatable to some degree, the BLS also found that 75 percent of patients with occupational dermatitis end up developing chronic skin disease. In very serious cases, OSDs can result in major complications including skin cancer.

OSDs can result from skin exposure in any line of work, but there are some professions that carry any overall higher rate of daily skin hazards. Health care, construction, chemical processing, printing, painting, cleaning, agriculture, industrial manufacturing, radiology, pharmaceuticals, mechanics, cosmetology and even the food service industry has higher rates of reported OSDs.

No matter what line of work you are in, if you are experiencing the symptoms of a skin problem, see your doctor and call an attorney. What may even seem like a minor skin irritation could be the result of a greater underlying problem due to prolonged exposure to dangerous chemicals or hazardous physical conditions that could cause permanent problems. You deserve to be #Compensated for putting yourself at risk for your job.

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Carpal Tunnel Syndrome – Can I Sue?

“I have carpal tunnel syndrome(CTS). Can I sue my employer?” is a common question asked. by workers experiencing pain in their wrists. Answer: No, you can’t sue your employer for a carpal tunnel injury. But you can file a workers compensation claim.

Definition of Carpal Tunnel Syndrome
What is #CarpalTunnelSyndrome ?
The carpal tunnel is a slim, rigid passageway. It is comprised of bone and ligament that are located at the base of the hand. The carpal tunnel contains the median nerve and tendons.
If tendons become inflammed or irritated usually because of overuse, swelling may occur and cause the nerve to tighten or compress resulting in pain, numbness or tingling.
According to the National Institute of Neurological Disorders and Stroke, “carpal tunnel syndrome occurs when the median nerve…becomes pressed or squeezed at the wrist.”
CTS is categorized as a repetitive injury and must be diagnosed by a doctor.

Facts About Carpal Tunnel Syndrome
In 2015, 1 million worker
Consider the following.
– CTS can result from many sources including pregnancy, arthritis, age, obesity and gender.
– CTS and a cyst or tumor in the canal have similar symptoms
– Job duties such as typing, adding numbers on a cash register, slicing, pressing down on an object, etc. without taking a break or exercising the area can cause CTS.
– CTS is not limited to a particular industry. However, manufacturing (assembling), sewing and fishing are common jobs entailing the injury.
– Women are three times more likely to get CTS

Filing for Workers’ Compensation
Workers’ compensation is a state-governed program that provides compensation for medical bills and lost wages.

Diagnosing Carpal Tunnel Syndrome
An exam of your hands and arms along with your shoulder and neck is needed to determine an accurate diagnosis. A doctor will check your wrists for discoloration and swelling and your fingers will be tested to assess the level of sensation.
Other tests include the Tinsel Test which reveals painful tingling and the Phalen test, a study of wrist flex on entailing the pressing back of hands together to gauge numbness. Nerve conduction studies are also used.

Objections Raised About Your Claim
Because the source of CTS can be difficult to prove, a lawyer may question the claimant’s lifestyle.
– Does the claimant have another job that entails duties that could contribute to the condition?
– Does the claimant have a hobby like tennis that requires repetitive motion?

Accident or Occupational Disease?
#WorkersCompensationLaws vary based on the jurisdiction of the state where you live.
Some states categorize CTS as an accident or one-time event like a slip and fall or car accident or repetitive injury.
Other states consider it as an occupational disease or an illness occurring over a period of time and relating to a specific feature of the job. It is a question of cause and effect and requires the consideration of your job history.

Treatment Options
Most cases of CTS can be treated with rest. The use of splints, diuretics and steroids are also effective. Alternative remedies include chiropractic treatment, acupuncture and yoga.
However, for severe cases, carpal tunnel release may be necessary. It entails a cut through the ligament to increase the narrow area near the median nerve and tendon.
The burden of proof in your workers compensation case is your responsibility. Choose a qualified lawyer with a successful track record of winning repetitive injury cases. Then you can get the medical care you need and return to work as quickly as possible.

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When Are You Eligible To File A #WorkersCompensation Claim?

You are eligible to file a workers’ compensation claim as soon as you become injured on the job or develop an illness related to the work you do. As defined more thoroughly and in depth through the Work Injury Compensation Act, work injury compensation becomes payable to any employee who has suffered an accidental personal injury during working hours or while on duty at their place of employment.

This also includes any injuries suffered while traveling as a passenger to and from your place of work on behalf of your employer while in a work operated vehicle, assuming you were on the route you were assigned.

Filing a workers’ compensation claim upon work related injury or illness is not only beneficial, but it is highly suggested.
In fact, the sooner you file your claim, the better chances you have of approval. As stated through, waiting to file your claim or delaying the process in anyway will often result in a higher chance of denial form the insurance carriers.

For any injuries or illnesses that were developed over time, it is suggested to file your claim as soon as you figure out the injury/illness is work related or as soon as you take time off of work to see a doctor. Additionally, most states throughout the nation have different time limits on when you must notify your employer ranging from a few days to two years.

Workers’ compensation often pays for medical care, rehabilitation, and income replacement for any work missed due to your injury or illness. If your injury has resulted in you becoming unable to work, you are entitled to receive wage loss checks which are often delivered just weeks after your claim is approved.
Your employers will also make sure that all wage-replacement checks are halted as soon as you are fully recovered and able to return to work. Yet, if your injury or illness is not permanent or does not cause you a loss of income, filing a claim for payment of your medical bills is encouraged. It is recommended to seek medical care immediately if your injury or illness requires it, and to make sure you follow your states procedures carefully in order to obtain these benefits.

Once you notify your employer of your injury or illness, they will provide you with forms to fill out and submit. Once your forms are filled out, the employer is at liberty to super the paperwork to the designated insurance carrier. Though in some states, it is sole responsibility of the injured employee to make sure all forms are submitted.

If for any reason your employer refuses to cooperate with you, it is recommended that you call your workers’ compensation office nearest you to move forward with the situation.
This could be the result of your employer attempting to keep workers’ compensation costs down so that faulty claims do not occur left and right, so thorough documentation and medical records pertaining to your injury or illness will be beneficial.
Any attempt of your employer to refuse following through with your claim will result in a dispute with the insurance carrier, and further details on your case will be required.

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What To Do If Your Claim Is Denied?

Being injured at work and having to Florida file a workers’ compensation claim is stressful enough. For those that end up receiving a denial, the frustration just mounts. If you didn’t retain legal counsel to file your initial claim, it is not too late to get professional help. Let a #Florida workers compensation lawyers make sure that the appeal process goes as smoothly as possible.

If your claim has initially been denied, do not let this discourage you. You are not alone. In the state of Florida this year alone, there have been over 4,000 workers’ compensation claims submitted, according to U.S. Department of Labor statistics. Of these, almost half were denied. The most important thing you can do is to get a workers’ compensation attorney to be sure it doesn’t happen again.

There are many reasons why a workers’ compensation claim may be denied.
One of the most common reasons is quite simply that the claim was not filed on time. When you have been injured or are diagnosed with a health condition due to your job duties, it is critical to file your claim right away.

Another issue may be that your employer, or your employer’s insurance company, has disputed your claim. Your employer could argue that the accident responsible for your injury didn’t happen at work or that your health condition is not result of work-related tasks.

In other cases, the severity of your injury could be called into question. Repetitive stress injuries, for example, are often disputed because they take months and even years to develop. They also don’t have the same ‘visual impact’ factor as say, a broken bone or laceration. The same discriminatory line of thinking is what makes stress-related or psychological claims so difficult to claim.

Whatever the reason, you need to remember that you have rights. An experienced attorney who understands the intricacies of #WorkersCompensation claims can help you appeal your case.

If you have been issued a denial, first contact your employer’s insurance company to find out more information. Simple mistakes in paperwork can also result in a denial, but are easily fixed. More often than not, it is something more complicated and needs the oversight of an experienced lawyer.

To begin the appeal process, you and your attorney can work together in preparing documentation to dispute your denial. If you are denied because your employer is arguing any aspect of your claim, here are some things you may need to do:
_*-Document the when, where and how to gather evidence of your injury or health condition
-Speak with co-workers who may be witnesses to your injury
-Compile medical records relating to treatment for your injury or health condition
-Get one or several written professional opinions from doctors supporting the connection between your injury/health condition and your job, also verifying that your ability to work is severely or completely diminished.*_

The appeal process varies in each state and every case is unique. These are just two more reasons why you don’t want to risk not having an experienced lawyer on your side if your claim was initially denied.

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What are Work-Related Injuries?

A #WorkRelatedInjury is any injury that happens while working. In #workersCompensationLaw, it’s known as an injury that happens in the course of employment. For instance, a work-related injury can be broken bones from a fall at work. Other types of work-related injuries include:

Torn ligaments
Herniated disks from lifting
Head injuries such as traumatic brain injuries or concussion
Hearing damage or loss
Construction accidents
Assorted injuries to the neck, back, ankle, spinal cord, eyes, hip, respiratory organs and feet

Are Repetitive Motion Injuries Covered by the State’s Worker’s Compensation Insurance?
Yes. A repetitive motion injury is covered by the state’s workman’s comp insurance. This type of injury I known by many names such as:

Repetitive stress injuries, or RSIs
Repeated motion injuries, or RMIs
Cumulative Trauma Disorders, or CTDs

Learn more about Florida Construction Injuries : -

A repetitive motion injury happens over time. The medical condition happens because an employee’s tasks include some type of repetitive motion such as typing or operating machinery. A person’s body isn’t able to repeatedly perform the same motion a thousand times in a short amount of time. The most common type of repetitive motion injury develops in the hands, wrists and forearms. It’s called #CarpalTunnelSyndrome.

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What to do if your #Claim is Denied?
The answer is here :

#WorkerCompensationLawyer #Florida

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Have a Happy Thanksgiving! Hoping your Thanksgiving is filled with blessings and joy!

#ThanksgivingWeekend #Turkey #Family #Fun

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What you need to know about #ThemeParkInjuries?
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#Attorney #Florida
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