• Federal Workers Compensation
  • FELA, Railroad Workers Helpline
  • Jones Act, Harbor Workers Act, Injured Seaman Helpline
  • Mesothelioma Lawyers, Mesothelioma Exposure Helpline
  •  On The Job Accidents and  Injuries, Workers Compensation Lawyers
  • Qui Tam Lawyers, Whistleblower Attorneys
  • What You Need To Know About Workers Compensation
  •  A Workers Compensation Lawyer Can Help You

Posts Tagged ‘Miami Beach’

Florida Work Injury Lawyer- Workers Comp Benefits Entitlement Lawyer

Written by lisaspitzer. Posted in Injured Worker News

What Are my; Altamonte Springs, Apopka, Aventura, Belle Glade, Belleview, Boca Raton, Bonita Springs, Boynton Beach, Bradenton, Brandon, Cape Coral, Carrollwood, Casselberry, Citrus Park, Clearwater, Clermont, Coconut Creek, Coral Gables, Coral Springs, Crestview, Cutler Bay, Dania Beach, Davie, Daytona Beach, Deerfield Beach, DeLand, Delray Beach, Deltona, Doral, Dunedin, Edgewater, Esterno, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Greenacres, Haines City, Hallandale Beach, Hialeah, Hollywood, Homestead, Immokalee, Jacksonville, Jacksonville Beach, Jupiter, Kendall, Key West, Kissimmee, Lakeland, Lake Worth, Largo, Lauderdale Lakes, Lauderhill, Leesburg, Lehigh Acres, Leisure City, Margate, Melbourne, Merritt Island, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miramar, Naples, Navarre, New Smyrna Beach, North Lauderdale, North Miami, North Miami Beach, North Port, Oakland Park, Ocala, Ocoee, Orlando, Ormond Beach, Oviedo, Pace, Palm Bay, Palm Beach Gardens, Palm City, Palmetto Bay (Cutler), Panama City, Parkland, Pembroke Pines, Pensacola, Plantation, Plant City, Pompano Beach, Port Charlotte, Port Orange, Port Saint Lucie, Riverview, Riviera Beach, Rockledge, Royal Palm Beach, St. Cloud, St. Petersburg, Sanford, Sarasota, Sebastian, South Miami, Spring Hill, Starke, Sunny Isles Beach, Sunrise, Tallahassee, Tamarac, Tamiami, Tampa, Tarpon Springs, Temple Terrace, Titusville, Treasure Island, The Villages, Town 'n Country, Venice, Vero Beach, Valrico, Wellington, Wesley Chapel, Weston, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, Winter Park, Winter Springs workers compensstion benefits?

 

Your employer is responsible for providing medical treatment through an insurance carrier which includes, but is not limited to, the following:

    An authorized primary doctor and specialist(s) when medically necessary.
    All authorized medically necessary care and treatment related to your injury such as:
        doctor’s visit
        hospitalization
        physical therapy
        medical tests
        prescription drugs
        prostheses
    Mileage reimbursement for travel to and from your authorized doctor and the pharmacy.

Helpful Hints:

    Do not delay in reporting your injury or illness. Your employer may authorize a doctor at the time of your accident, but the insurance carrier must authorize follow-up treatment.
    If your accident results in emergency treatment, be sure to tell the emergency room you hurt yourself on the job, and give them a contact name and phone number of your insurance carrier or your employer.
    Do not go on your own to your private doctor for treatment. The insurance carrier must authorize the doctor who is to treat you.
    If your employer or insurance carrier does not respond to your request for medical treatment, you can contact the Employee Assistance and Ombudsman Office for assistance at 800 342-1741 or at wceao@myfloridacfo.com.

Lost Wages and Other Monetary Compensation

The rate, amount, and the duration of compensation for all disability benefits are detailed in the workers' compensation law.

For assistance, call 1-800-342-1741 or e-mail us at wceao@myfloridacfo.com.
Temporary Disability Benefits

There are two types of temporary disability benefits that you may be entitled to during your recovery, to make up for some of your lost wages:

    Temporary Total disability (TT):
        If your doctor says you cannot work, because of your work-related injury or illness, you should receive money equaling 66 2/3% of your regular wages at the time you were hurt, subject to a statewide maximum reimbursement amount.
        You will not receive temporary disability benefits for the first 7 days of disability, unless you are disabled more than 21 days due to the work-related injury as determined by the authorized doctor.
        Certain severe injuries may entitle you to 80% of your regular wages for up to 6 months after the accident.
        For an estimate of your benefits, please click here.
    Temporary Partial disability (TP):
        When the doctor states you can return to work with restrictions, you may be eligible to receive Temporary Partial Disability Benefits if you are unable to earn 80% of the wages you were earning at the time of your accident.
        For an estimate of your benefits, please click here.

You can receive up to a total of 104 weeks of temporary disability benefits.
Impairment Benefits (IB)

When your doctor states you are at Maximum Medical Improvement, your condition is not expected to improve significantly, and the doctor will have you evaluated for possible permanent work restrictions and an impairment rating.

    If you receive a permanent impairment rating greater than 0%, you will receive money based on that rating.
    For an estimate of your benefits, please click here.

Permanent Total Disability Benefits (PT)

If after reaching Maximum Medical Improvement your injuries are so severe, as defined by law, that you are left permanently unable to work, you may receive permanent total disability benefits.

For assistance in estimating PT benefits, please contact the Bureau of Monitoring and Audit at 850-413-1608.
Death Benefits

If a work-related death occurs within one year of the date of accident or five years of continuous disability, the following benefits may be due and payable up to a maximum total of $150,000:

    Funeral expenses up to $7,500
    Compensation to dependents, as defined by law
    Educational benefits to the surviving spouse

For assistance, call 1-800-342-1741 or e-mail us at wceao@myfloridacfo.com.

Florida Loading Dock Platform Injury Lawyers

Written by lisaspitzer. Posted in Injured Worker News

On the job loading dock platform injuries  are not uncommon and can result in serious  injury and death. Serious injury  on a  loading dock happens  when there is a  separation between the trailer or truck being loaded and the loaded dock. Forklift operators are often victims of such accidents when their forklifts fall into the gaps or are driver out of open trailers or crush injury may also happen when a worker gets pinned in. Severe and  fatal injuries result. There are slos accidents from improper lifting technique or with  industrial machinery while loading.

Safety Warnings

The Occupational Safety and Health Administration (OSHA) is a national organization that governs off-highway loading and unloading activities, such as warehouses, plants, grain handling facilities, retail locations, shipyards, etc. OSHA has(authority over forklift operations and employees who perform loading and unloading operations. For example, OSHA regulations require the use of wheel chocks or other vehicle-restraining device when loading and unloading trucks and trailers. Wheel chocks are wedge-shaped blocks placed in front of the rear wheel of a vehicle to prevent the vehicle from moving away from the docks while the trailer is being loaded or unloaded.

Florida Workers Compensation For Loading Dock Platform Injury

You may have a potential  Workers’ Compensation claim. There is also the potential for a third-party  injury claim. lawsuit if someone other than your employer contributed to the loading dock accident. You must hire an experienced workers compensation lawyer for your accident and to  help you seek maximum compensation for your injuries as well as the medical benefits, lost wages and settlement for a permanent disability.

Florida Loading Dock Injury lawyer For

Trucks with defective equipment,

Forklift injury,

Dock plate injury

Speak with an experienced Florida  on the job injury lawyer who can help you understand all of your options and how best to proceed with your workers compensation or personal  injury claim.

 

On The Job Personal Injury Lawyers For Workers Comp Claims

Written by lisaspitzer. Posted in Injured Worker News

Florida Personal Injury Lawyers For On The Job Injury

We have Florida personal injury lawyers for on the job injury: Miami, Homestead, Miami, Miami Beach, Hollywood, Pembroke Pines, Fort Lauderdale, Pompano Beach, Boca Raton, West Palm Beach, Sturart, Okeechobee, Pahokee, Port St Lucie, Vero Beach, Melbourne, Titusville, Smyrna Beach, Daytona Beach, Deland, Gainesville, Ocala, Tavares, Jacksonville, St Augustine, Starke, Leesburg, Winter Haven, Winter Park, Orlando, Kissimmee, Tampa, Clearwater, St Peterburg, New Port Richey, Brooksville, Panama City , Pensacola and all of Florida.

When Would You Need a personal Injury Lawyer?

When you were injured by a machine where the machine was to be maintained by the manufacturer or the machine was faulty.

A truck, car or delivery accident where another driver caused your injury and was negiligent

Third Party Liability Personal Injury Lawyer

When you have an on the job injury or are the victim of an occupational disease, you are usually covered by Workers’ Compensation, which compensates you for medical costs, lost wages. Workers’ Compensation and permanent injury.

With third party liability an injured worker or surviving families can have the right to bring a third-party liability, or personal injury case against the maker of a defective product or against another negligent party that caused the injury.  Any compensation  received in such third-party liability, wrongful death, or product liability cases are over and above the Workers’ Compensation benefits. You should hire a personal injury lawyer.

Miami, Fort Lauderdale West Palm Beach Workers Compensation Lawyers

Written by lisaspitzer. Posted in Injured Worker News, South Florida Workers Compensation lawyer

If you have been hurt on the job and need help with your Fort Lauderdale, Miami, West palm Beach workers compensation benefits call our worker's compensation helpline.

We have  workers compensation lawyers Homestead, Workers compensation lawyers Miami, Miami Beach, Hollywood, Workers Compensation lawyer Fort Lauderdale, Pompano Beach, Workers compensation lawyer  Boca Raton,  Wokers compensation lawyer West Palm and all of Monroe, Dade, Broward and Palm Beach County Florida. Our workers compenstion lawyers can help with   on the job injuries including: construction workers, hotel and restaurant workers, home health aides and hospital employees, civil servants, mechanics, garbage and waste removal, roofers, truck drivers, firemen, cab drivers, maritime workers, harbor workers, airport and port personnel, and all on the job accident and injuries.

Some of benefits injured workers are eligible for that our south Florida  workers compensation lawyers can help with include:

* Temporary partial disability

* Temporary total disability

* Impairment benefits

Disabled World News (2011-03-31) – Florida law allows injured workers to seek compensation for injuries or illnesses they suffer while on the job: http://www.disabled-world.com/news/america/florida/work-injury-fl.php#ixzz2PRutyQX9

Our Workers Compensation Lawyers Can help Answer Your Questions Regarding Your Workers Comp Benefits

  •     How long after an accident do I have to report it to my employer?
  •     When should my employer report the injury to their insurance company?
  •     My employer will not report my injury to the insurance company. What can I do?
  •     What kind of medical treatment can I get?
  •     Do I have to pay any of my medical bills?
  •     Will I be paid if I lose time from work?
  •     How much will I be paid?
  •     Do I have to pay income tax on this money?
  •     When will I get my first check?
  •     If I'm only temporarily disabled, how long can I get these checks?
  •     Can I receive social security benefits and workers' compensation benefits at the same time?
  •     Can I receive unemployment compensation and workers' compensation benefits at the same time?
  •     What can I do if I am not receiving my benefit check?
  •     If I am unable to return to work until my doctor releases me, does my employer have to hold my job for me?
  •     Can my employer fire me if I am unable to work because of an injury and am receiving workers' compensation benefits?
  •     If I am unable to return to the type of work I did before I was injured, what can I do?
  •     My employer and the insurance company have denied my claim for workers' compensation benefits. Do I need legal representation to get my benefits? What should I do?
  •     What is the time limit for filing a Petition for Benefits?
  •     Is there a period of time after which my claim is no longer open?
  •     Can I get a settlement from my claim?
  •     If I settle my claim for medical benefits with the insurance company and my condition gets worse later, who pays for my future medical care, surgeries, etc?
  •     What can I do when it is difficult to get a prescription filled or I am having problems with the pharmacy where I get my workers’ compensation medication?

 

If you have been injured on the job call and speak to a workers compensation lawyer at no cost and protect your rights as an injured worker.

Miami, Fort Lauderdale, West Palm Beach, Workers Compensation Lawyers

Written by lisaspitzer. Posted in Construction worker news, Injured Worker News, On The Job Injuries, South Florida On The Job Injury

South Florida workers compensation lawyers: Miami, Key West, Miami Beach, Fort Lauderdale, Pompano Beach, Coral Springs, Hollywood, Boca Raton, Delray Beach, Boynton Beach, Lanatana, West Palm Beach, Jupiter, Belle Glade, Okeechobee, Stuart, Palm Bay, Port St Lucie, Vero Beach and all of Monroe, Dade, Broward, and Palm Beach Florida.

A Little Florida Workers Compensation History

Florida was slow  to enact a workers' compensation law  because Florida had a small work force, virtually no manufacturing and no major problems until the "Great Depression" of the 1930's. Florida industry was limited and consisted primarily of phosphate mining, agricultural harvesting of fruits and vegetables, tobacco, cattle and logging. In addition, there was a steady movement of people, mostly unemployed, moving down from the north, seeking their fortune as well as Florida sunshine. This still happens today and most work injuries are in the entertainment industry, home health care for the elderly and constuction jobs. These are the result of the Florida migration to sun and a nice climate.

 Below  we can see the overview for dangerous jobs and injuries in Florida:

Florida's Most Dangerous Jobs With Fatalities

  • truck drivers  who died in a traffic accidents
  • Construction workers  
  • grounds workers 
  • police officers

Your Rights Under Florida Workers Compensation Law

Are you an employee?

Section 440.02(15), Florida Statutes, contains a lengthy definition of employee. The most basic definition is that an employee is a person who receives payment from an employer for the performance of work or services while engaged in any employment under an express or implied contract of hire. The definition of employee includes minors and illegal aliens.

Are You Covered?

Eligibility requirements for workers' compensation benefits:

  •     The person or company you were working for must carry workers' compensation insurance or be legally required to.
  •     You must be an employee of that person or company.
  •     Your injury or illness must be work-related.
     

To learn more about your rights as an injured Florida worker call us today for a workers compensation lawyer

Lawyers For Injured Salon Workers, Workers Compensation Lawyers

Written by lisaspitzer. Posted in Georgia, Injured Worker News

With thousands of beauty salon thru-out Florida and Georgia injuries to people in the "Beauty" business to happen. Beauty is a growing business. The number of people employed in hair salons, barbershops, nail salons, and other hair and skin care establishments has been growing faster than in other industries. According to the National Institute for Occupational Health (NIOSH), approximately 365,000 people are employed in nail salons and other personal care services in the United States. The workforce is largely female (75%) with the industry employing a large number of minority workers (46%) specifically Asian immigrants (38%).
In hair salons, one concern is indoor air quality from the various chemicals used in coloring and styling hair. In nail salons, workers can be exposed to dust and chemicals from manicure products.

The main purpose of each  workers compensation law is to compensate and provide medical care for:
•    workers who are injured while on the job
•    those who are made ill or disabled by conditions at their jobs, and
•    the surviving dependents of a worker who is killed on the job or dies from an illness incurred because of his or her job conditions
Each state and the federal government each have their own Workers Compensation Act which compensates workers who are injured during the course of their employment. Each workers compensation act is designed so that employees can receive fixed monetary compensation for their injuries without the need for legal action. The workers compensation act that is applicable to an individuals employment is dependent upon who they are employed by and the industry they are employed in.

Common Injuries Include:

  • Fatigue
  • Stress
  • Slips
  • Trips
  • Toppling Objects
  • Hazardous Materials
  • Repetitive Motion
  • Carpal tunnel syndrome
  • Lifting
  • Back injuries and pulled muscles
  • Workplace Violence
  • Collisions with hot liquids, sharp implements or heavy objects involved.
  • Leaving file drawers pulled all the way out

If you or a loved one has been injured due to your employment at a beauty salon, nail salon, barber shop as a Barber, hairdresser, cosmetologist provide hair styling and beauty services or tanning salon call and speak to a beauty industry workers compensation lawyer today.

Lawyers For Injured Roofers, Lawyers For Injured Carpenters

Written by lisaspitzer. Posted in Construction worker news, Georgia, Injured Worker News, South Florida On The Job Injury

Roofers in The Florida Keys, Homestead, Miami, Coral Gables, Miami Beach, Hollywood, Hallandale,Fort Lauderdale, Pompano Beach, Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Lantana, Okeechobee, Belle Glade, Atlanta, Valdosta, Tifton, Macon, and Ft Myers suffer some of the most debilitating injuries while on the job.  Typical injuries include broken legs, broken backs, fractures of all types, and brain injuries caused by falls from great heights, and cuts and amputations from knives and box cutters.

Roofing work is strenuous and tiring. It often involves heavy lifting, as well as climbing, bending, and kneeling. Roofers work outdoors in all types of weather, particularly when making repairs. However, they rarely work when it rains or when it is very cold because snow-covered or icy roofs are especially dangerous. Although some roofers work alone, many work as part of a crew.
Roofers have one of the highest rates of injuries and illnesses of all occupations. Workers may slip or fall from scaffolds, ladders, or roofs. They may get burns from hot bitumen. However, proper safety precautions can prevent most accidents. Roofs can also become extremely hot during the summer, which can cause heat-related illnesses.

Because carpenters are involved in many types of construction, from building highways and bridges to installing kitchen cabinets, they may work both indoors and out.
Carpenters may work in cramped spaces, and constant lifting, standing, and kneeling can be tiring. Those who work outdoors are subject to variable weather conditions.
Carpenters experience a higher than average rate of injuries and illnesses. Injuries may include muscle strains from lifting heavy materials, falls from ladders, and cuts from sharp objects and tools.

If you or a loved becomes injured in your employemt as a Roofer call our Roofers Injury Hotline for Roofers  and carpenters today.

Dangerous Florida Jobs, Florida Workers Compenstion Lawyer

Written by lisaspitzer. Posted in On The Job Injuries, Stories and Sharing

Florida dangerous jobs causing the most injury are: Fishermen, Aircraft Pilots, Flight Engineers, Farmers, Machine Operators, Roofers, Refuse and Recyclable Material Collectors, and Truck Drivers. South Florida workers compensation lawyers are accepting workers compensation cases for all Workers injured on the job in South Florida.

It is important to file your workers' compensation claim right away. In the event that your compensation is delayed, denied, or terminated prematurely, Florida workers' compensation lawyers will  pursue the necessary steps to protect and enforce your right to receive all of your benefits.

Common Florida Workplace Injury

  • Bruises and contusions,
  • lacerations and cuts,
  • Joint Injuries,
  • Stress Fractures,
  • Stress fractures
  • Carpal Tunnel
  • Tendonitis
  • Injury to the: Wrist, Elbow, Shoulder, Biceps, Legs, Knees, Hips, Ankles, and Achilles.
  • Chronic Pain
  • Traumatic Brain Injury

 

 

Florida Wage and Hour Hotline, Unpaid Overtime, Time and Half

Written by lisaspitzer. Posted in Injured Worker News

For the injured worker has launched a nationwide hotline for workers "injured" by not being paid their overtime wages as required by law. The first state including the cities of: Florida keys, Homestead, Hialeah,  Miami, Miami Beach, Hollywood, Fort Lauderdale, Coral Springs, Boca Raton, West Palm Beach, Port St Lucie, Melbourne, Daytona, Jacksonville, Ocala, Tampa, Clearwater, St Petersburg, Ft Myers, Naples, Pensacola, Panama City and Tallahassee and all of Florida.

Florida has a huge number of health care workers who are one of the highest groups  for lost wages due to unpaid overtime.

Where have all the nurses gone? How about the therapists? You can find them in  Florida that has one of the highest  employed healthcare workers.

The  sunshine state has  many physical therapists, home heath care agencies, emergency care and nurse practitioners respectively. Registered nurses dominate the healthcare field in the state.

In Florida employees who work more than 40 hours in a week are entitled to overtime pay, which is one-and-one-half times the regular rate of pay, if the employees are not exempt from pay for overtime. Overtime laws are contained in the United States Fair Labor Standards Act (FLSA), which sets out when overtime kicks in and how much employees must be paid for working overtime. Employers who violate overtime laws have  faced class action lawsuits alleging they violated laws on overtime. You are entitled to time and half for hours worked over the 40 hour work week which includes having to fill in for other emnployees.

The use of ipods, cell phones and computers have increased the hours of many emmployees as employers ask them to work form the home.

According to a recent article in USA Today

"Americans were pushed to their limit in the recession and its aftermath as they worked longer hours, often for the same or less pay, after businesses laid off almost 9 million employees.The spread of smartphones has tied more workers to their jobs during off hours."

"Now, many are striking back in court. Since the height of the recession in 2008, more workers across the nation have been suing employers under federal and state wage-and-hour laws. The number of lawsuits filed last year was up 32% vs. 2008, an increase that some experts partly attribute to a post-downturn austerity that pervaded the American workplace and artificially inflated U.S. productivity."

The unpaid wages lawuits are being taken over by mass tort, class action lawyers who primarily fought against large corporations for product liability cases." Last year, 7,006 wage-and-hour suits, many of them class actions, were filed in federal court, nearly quadruple the 2000 total, according to defense law firm Seyfarth Shaw. Meanwhile, in fiscal 2011, the Labor Department recovered $225 million in back wages for employees, up 28% from fiscal 2010". USA Today Article

According to the Huffington Post "Last year, 7,006 wage-and-hour suits, many of them class actions, were filed in federal court, nearly quadruple the 2000 total, according to defense a  law firm. Meanwhile, in fiscal 2011, the Labor Department recovered $225 million in back wages for employees, up 28% from fiscal 2010".

Nursing overtime lawsuits as well as health care providers  are on the rise. The health care industry is an on call industry. Missed meal breaks are a common issue due to relief needed and medical emergencies.  Your employer must  provide a meal break uninterrupted by phone calls, consultations or patient  emergencies. This is considered overtime and is provided for hourly paid employees  and you must be paid for that time.  Employers have required workers to work before or after their shifts. Additionally, home care agencies have not paid employees for travel time between home visits.

For this reason Florida is being targeted for the first campaign launch.

 

Women are Losing Jobs Due to the Vaginal Mesh, Seeking Social Security Disability

Written by lisaspitzer. Posted in Stories and Sharing

The vaginal mesh is a Prolene fiber used to help women with Prolapse and urinary incontinence, let's face it. it is awfully hard to work at certain jobs if you have problems with SUI or other urinary incontinence issues. These medical conditions are not always from the aging process. Mnay women have poor genetics, are in early menopause or have had a rough child birtth experience that has weakened the vaginal wall. These mesh products were supposed to solve these problems but instead, have created worse problems. The result is many women can no longer work and are seeking social security disability.

There are over 300,000 women with a vaginal mesh implant in the United States. This has become a pandemic of huge proportions.

six women came together in Gaithersburg, Maryland. They all had a common enemy, the vaginal mesh. They came from Utah, Georgia, Florida, New York, Texas. All six These women were there to speak publicly and give tesitmony about their personal vaginal mesh medical horror stories in front of an advisory panel for the U.S. Food and Drug Administration.

"Between them, the women figured they had undergone 45 surgical procedures to try to undo the damage resulting from vaginal surgery using synthetic mesh devices. The mesh implants were supposed to free them from the intimate discomforts that millions of women face after childbirth and as they age: pelvic organ prolapse, in which stretched, weakened tissues can allow the bladder or other organs to sag or bulge into the vagina, and stress urinary incontinence, which can lead to involuntary leakage with every laugh or cough. Once implanted, the hammock-like mesh was meant to shore up the supportive pelvic tissues and help keep sagging organs in place." (Online source). Obviously it is very difficult to work with these issues. But, the problems that have resulted from this mesh has made it impossible for many women to work, Just imagine a school bus driver or truck driver with mesh complications. This woud be difficult for a UPS driver or mailman (lady) as well. Any emergency staff or medical staff would also have a problem with the mesh causing severe incontnence, leakage and lower back and leg pain, difficulty walking and sitting and other complications. Work has become out of the question for many women.

These are only a few of the women with stories. There are 1000's with mesh horror stories.

If you cannot work due to a vaginal mesh implant speak to a vaginal mesh lawyer at the vaginalmeshhelpline.com . They can also help you locate a vaginal mesh doctor. Speak to a workers compensation lawyer about light duty. Speak to a social security diability lawyer to see if that is and option as well.