Smith, Feddeler & Smith, P.A.Florida Personal Injury Lawyers - Workers Comp, SSD, Labor2024-03-15T17:57:40Zhttps://www.all-injuries.com/feed/atom/WordPress/wp-content/uploads/sites/1303019/2020/10/cropped-favicon-32x32.pngOn Behalf of Smith, Feddeler & Smith, P.A.https://www.all-injuries.com/?p=582332024-03-15T17:57:40Z2024-03-15T17:57:40ZThere has been a significant increase in bus driver assaults
Some people who take the bus do not follow the rules and become angry when asked to exit the vehicle or comply with expectations. Other times, someone enters the bus in a state of intoxication or mental agitation. There are many reasons why a bus driver could end up assaulted on the job.
Research into assaults targeting bus drivers at the federal level has found that the rates of such crimes increased by approximately 121% between 2008 and 2021, with dozens of assaults occurring each year. Many of those incidents occur on buses, but some also take place at transit facilities or other locations.
Bus drivers injured by an assault may require medical intervention. Assaults can cause brain injuries, broken bones and numerous other medical challenges that require time to recover and medical treatment. Thankfully, workers' compensation benefits apply in scenarios involving workplace crime, not just workplace accidents. Bus drivers hurt by a violent assault can potentially seek benefits to replace lost wages and cover their medical care. In some cases, bus drivers may also be in a position to take legal action against the person who attacked them.
Professionals who are aware of their rights and job risks may find it easier to navigate a workers' compensation claim. Tracking industry-specific job hazards can help professionals reduce their risk of an injury and better respond if they get hurt.]]>On Behalf of Smith, Feddeler & Smith, P.A.https://www.all-injuries.com/?p=582322024-03-08T20:26:56Z2024-03-08T14:00:53ZAn Experienced Attorney Can Help Navigate Your Claim
Because we are operating in a system that is not fair or just to injured workers, you need to have a team in place that is fighting for your rights and benefits as well as protecting your employment.
It is difficult enough to navigate a workers’ compensation system that is intended to be self-executing and friendly to all parties involved. The reality is, however, that the system is very employer and insurance carrier friendly and does not have the injured workers’ interests as a priority.
In order to make sure your employment rights are protected and that you obtain all the benefits you are entitled to through workers’ compensation, having an attorney on your side is almost a requirement these days.
Your employer should not make issues for you after hiring an attorney because hiring representation to pursue workers’ compensation benefits are about obtaining an advocate for you against the insurance carrier. Contact a dedicated attorney to build your claim today.]]>On Behalf of Smith, Feddeler & Smith, P.A.https://www.all-injuries.com/?p=582312024-03-08T20:26:29Z2024-03-06T15:54:49Zsix times higher than what previous research has uncovered.
How hard is working in an Amazon warehouse?
Amazon has very unforgiving scheduling requirements for workers. They work long shifts and may have to handle dozens of packages every hour depending on their role in the facility. Not only do they need to constantly rush throughout their shifts, but they cross paths with countless other workers also rushing through their daily jobs and even robots and other heavy machinery that can cause major injuries in some cases.
The risk of injury is constant, as one small mistake could lead to severe damage to a worker's body. Fatigue and burnout are also concerns, as workers might find that they cannot continue to perform at the efficient rate the company demands every day without becoming exhausted. Many workers develop chronic pain that affects them at work and even after a shift ends.
According to a recent study, half of the workers in Amazon warehouses suffered injuries within a three-year period. In fact, more than two-thirds of the employees who spoke with researchers stated that they had to take unpaid leaves of absence because of injuries or exhaustion related to their work. Just over a third of the workers admitted to taking unpaid leave three or more times.
Other research has also found shockingly high rates of worker injuries. One study looking at workplace injury data found that Amazon warehouse workers have roughly twice as much risk of injury on the job as other warehouse employees.
Workers at Amazon warehouses should not have to accept lost income and medical expenses because of their job responsibilities. Many of those employees might have qualified for workers' compensation benefits if they learned more about the program and their rights. Seeking workers' compensation benefits can result in Amazon warehouse workers receiving compensation for their time away from their jobs and can help to cover the treatment costs generated by their on-the-job injuries. Seeking legal guidance is a great way to get started.]]>On Behalf of Smith, Feddeler & Smith, P.A.https://www.all-injuries.com/?p=581832024-01-19T20:45:02Z2024-01-19T20:45:02Zsignificant knee injuries, like tears in connective tissue, can cause long-term symptoms that prove debilitating for the injured party.
Some knee injuries occur while people are playing sports or doing work around the home, but many people hurt their knees on the job. What types of incidents at work could lead to knee injuries?
Slip-and-falls
People who slip, trip or otherwise lose their balance and then fall can hurt themselves in many different ways. The muscular contractions and spastic motions people experience while falling can cause damage to their extremities and joints. Someone who loses their balance could overextend or twist their knees, possibly leading to injuries that require time off to heal or even surgery.
Car crashes
People who travel in motor vehicles while working among those at the highest level of risk for an on-the-job injury. Blunt-force trauma from the vehicle to the knees could break bones or damage connective tissue. The violent motion of a crash could lead to twisting or over-extension injuries in the knees as well. Anyone who drives a vehicle or occasionally rides in one while on the clock is potentially at risk of hurting their knees if a collision occurs.
Overuse injuries
The final common reason that people hurt their knees at work relates to overuse. Either attempting to lift too much from a bent knee position or repeatedly bending and twisting one's legs on the job could potentially lead to someone developing repetitive stress injuries or acquiring an injury from pushing their body too far.
Knee injuries tend to affect people's mobility and overall quality of life in addition to requiring medical care and possibly time away from work. Pursuing workers' compensation benefits is a reasonable reaction to a knee injury acquired as a result of one's employment.]]>On Behalf of Smith, Feddeler & Smith, P.A.https://www.all-injuries.com/?p=581352023-11-13T17:08:23Z2023-11-13T17:08:23Zone out of every five workplace injuries. Given that back injuries can be incredibly debilitating, it pays to understand how they happen.
Slips, trips and falls
Slips, trips and falls are among the most common workplace accidents. Uneven surfaces, wet floors or cluttered floors can easily lead to an employee losing their balance and sustaining a back injury on impact with the floor.
Manual handling and lifting
Jobs that involve frequent lifting, carrying, bending or moving heavy objects pose a significant risk to the back. Improper lifting techniques, loads that are too heavy or repetitive lifting without adequate breaks can strain the back muscles and lead to injuries.
Falls from heights
Certain professions, such as construction and maintenance, involve working at heights. Falls from ladders, scaffolding, or elevated platforms can result in severe back injuries. The use of appropriate fall protection equipment, regular equipment inspections and employee training on safe work practices can help mitigate the risk of falls from heights – but not always prevent them.
Poor ergonomics
Even desk jobs can cause back injuries. Prolonged sitting, improper desk setups and repetitive movements without enough breaks contribute to the risk.
Vehicle accidents
A lot of employees spend part of their day behind the wheel, and sudden stops, collisions or even prolonged periods of sitting in uncomfortable positions can contribute to back problems.
Employers and employees alike need to prioritize safety measures to keep these kinds of accidents from happening. Proper training programs, ergonomic solutions, personal protective equipment (like braces) and more can help keep workers safer. When an accident does happen, however, injured employees need to assert their rights to get the workers’ compensation benefits they deserve and are entitled to. Seeking legal guidance can make the process of pursuing benefits easier.]]>On Behalf of Smith, Feddeler & Smith, P.A.https://www.all-injuries.com/?p=581332023-09-19T14:41:11Z2023-09-19T14:41:11ZSlip-and-falls
A fall is a safety concern even if someone never goes up to any significant elevation to perform their job. Hospital workers, short-order cooks and office employees frequently suffer notable injuries on the job because they fall. A same-level fall where someone attempts to catch or brace themselves could very easily result in a shoulder injury that could take weeks to heal.
Repetitive motions
Someone who has to perform the same basic job functions repeatedly every day for many years can slowly cause trauma to their musculature and connective tissue. Shoulders have relatively vulnerable joints and could easily be the site of a repetitive stress injury that develops due to cumulative workplace trauma. Someone who frequently lifts, twists and grips on the job could find that they have painful symptoms in their shoulders that affect their job performance after a few years.
Contact with objects
There are numerous ways for someone to suffer injurious accidental contact with an object. Quite a few people get hurt in car crashes on the job, and shoulder injuries are common because of the force that travels through the arms via the steering wheel. Those working in factory and warehouse settings could end up struck by a piece of machinery that causes traumatic injury, and those that construction sites could end up hit by falling objects that leave them with traumatic shoulder injuries.
Any major injury to someone's shoulder will likely require rest, if not treatment, and possibly a leave of absence from work. Applying for workers' compensation benefits may be a necessary step for someone recovering from a shoulder injury incurred on the job.]]>On Behalf of Smith, Feddeler & Smith, P.A.https://www.all-injuries.com/?p=581132023-07-22T02:57:36Z2023-07-22T02:57:36ZA third party might be liable
One of the most common scenarios in which someone qualifies for workers' compensation benefits and a personal injury lawsuit is when a third party is responsible for their injuries. Examples include if there was a violent incident at work where a criminal attempted a robbery and injured someone. The criminal could have civil liability for the cost generated by their actions in addition to whatever criminal penalties the courts impose.
Additionally, a business that turned out a defective product could also result in an injured employee pursuing a lawsuit in addition to a workers' compensation claim. Anytime a third party other than a worker’s employer is partially responsible for a work injury, a lawsuit may be possible.
Can workers sue their employers?
The no-fault nature of workers' compensation coverage in Florida generally eliminates the option of suing an employer for a work injury. The one exception to that rule is a scenario in which a worker has reason to believe that the company intentionally injured them.
Barring that single, very rare scenario, workers generally cannot sue their employers for injuries suffered on the job. A careful exploration of the situation might uncover a possible third party with some degree of responsibility, especially if there were other people or equipment malfunctions involved in an injurious incident. Understanding the rules that exist for the protection of Florida workers may help employees better assert their rights after an injury on the job.]]>On Behalf of Smith, Feddeler & Smith, P.A.https://www.all-injuries.com/?p=581112023-07-14T10:30:54Z2023-07-14T10:30:54ZThe right to retain their jobs
Employers should allow someone to take a leave of absence necessitated by a work-related medical condition. They should also offer reasonable accommodations that allow an injured teacher to return to work after an assault.
The threat of violence in the classroom may make some adults less effective as educators. They may ask themselves if they can even discipline students anymore, as simple acts like taking away video games can lead to violence. Some students are not accustomed to the word no or any form of boundaries. Others may have pent-up anger from their personal experiences that comes out at inappropriate moments.
Teachers shouldn't have to worry about losing their jobs because they enforce school rules, like not playing games during class, nor should they worry about losing their jobs if they need medical care and time off following an assault by a student.
The right to workers' compensation
The Florida workers' compensation program provides medical coverage and also disability benefits to those with medical issues related to their careers. Any incident that leads to someone's injury at work can potentially render them eligible for benefits, even in a scenario like an assault where it is a third party, and not an employer, that is technically to blame for the incident.
Teachers traumatized by an assault in the classroom may need benefits to help them physically recover, and they may also require counseling services to help them overcome the trauma that they experienced. Workers' compensation can help pay for their treatment expenses and replace their wages if they are unable to the classroom after the incident occurs.
Knowing and making use of one's employment rights, including the right to file a workers' compensation claim, is of the utmost importance for anyone harmed during their workday – teachers very much included.]]>On Behalf of Carl Feddelerhttps://www.all-injuries.com/?p=580942023-05-22T19:15:03Z2023-05-22T01:38:19Zworkplace injury compensation. Your employer’s insurance company will choose a doctor for you to visit. But there are exceptions to this rule that might apply to you.
Exceptions
There's no time to wait for an insurance company when you need emergency treatment. You can choose your doctor if you need immediate attention. This also applies if the insurance company takes too long to tell you which doctor to visit.
Another exception is if the insurance company has a managed care arrangement. With this arrangement, you might have a network of doctors from which to choose. The insurance company won’t direct you to a specific doctor, but they will require you to choose from within the network.
You can request a new doctor if you’re unhappy with the one chosen by the insurance company. If the insurance company denies your request, you can try to appeal the decision.
Workers' compensation benefits
Switching doctors can hurt your workers' compensation claim. Depending on your condition, you might have to restart your treatment. Not only can this delay your recovery, but it can affect your ability to get your benefits.
You want to avoid jeopardizing your workers' compensation claim. Learning about your rights and options can help you make wise decisions.]]>On Behalf of Carl Feddelerhttps://www.all-injuries.com/?p=580252023-03-27T18:29:12Z2023-03-21T23:32:37Zworkers' compensation guidelines, but there are retaliation cases against injured workers, such as cutting hours or shift changes without notice.
Workers' compensation relates to the on-the-job injury and not how many hours an employer schedules an employee. In addition, your doctor might recommend fewer hours while you recover but still allow you to return to work.
Schedule changes after on-the-job injuries
Your work schedule might need to change after an injury if it's severe enough to prevent you from safely performing your duties.
A meeting with human resources can clear up any concerns about shift changes. Part-time workers might get reduced hours at work as a cost-cutting measure, so if other part-time workers' hours are reduced, the reason is likely valid.
You should understand how many hours you can work from your doctor's report and if your job was changed or transferred to accommodate your limited abilities.
If you require training for a new position or move to another department, your hours and shift might change to allow the transition. Also, if your doctor says you are fully recovered and can work in your primary position, you might need to accept fewer hours or a different shift while the worker who took your place in your absence gets reassigned.
Document return to work incidents
If you suspect you're being mistreated after a workplace injury, take action. Keeping notes about the incidents, including dates, times and the people involved, will help you take steps to resolve the issue. Know that you have rights and don't accept poor treatment from an employer after returning to work.]]>