Danger lurks where you least expect it – and one of those places you typically do not expect to find danger is as work. While some lines of work are inherently more dangerous than others, such as firefighting or construction work, laboring in a warehouse does not typically stand out as a dangerous job. For a group of warehouse workers in the Miami area, though, this was not the case when one of the machines used in the warehouse exploded and ignited a fire. According to the story, 35 people were evacuated; fortunately, however, only one of them suffered minor injuries.
Employers Who Do The Right Thing – And Employers Who Do Not
In many cases, an employer is made aware of a workplace injury at the time of the occurrence, and certainly in cases such as this warehouse accident, the employer would likely be made aware that something happened at the place of business almost immediately. Employers have the obligation to provide a safe work environment and, when injuries occur, they are responsible for providing workers’ compensation to those who are injured on the job. Many times, the process is seamless and the employer follows the proper procedure and provides what is required by law to the injured employee without further ado. Other times, though, the employee may need to file against the employer to get what they are entitled to under the law, such as lost wages, money for medical bills, and sometimes compensation for pain and suffering depending upon the circumstances of the case.
The Injured Employee’s Responsibility
The injured employee has some responsibility in the process as well, however, and according to Florida Code Section 440.185, it is the employee’s responsibility to notify their employer of the injury within 30 days. There are some situations in which an employee’s failure to notify the employer of the injury within that time period would not prevent them from being able to file suit, including:
- When the employer actually knew about the injury;
- When a medical opinion is required to determine the cause of the injury and the employee provided that information within 30 days after obtaining the medical opinion; and
- When the employer did not provide notice of this notice requirement by posting it so that employees know of the requirement.
In addition to the requirement to notify the employer of the injury, the injured worker has the additional responsibility, as outlined in Florida Code Section 440.19, to file their claim within a specific time period. Generally, employees must file their petitions for workers’ compensation benefits within two years from the time that the injury occurred, or in certain cases, from the time that the employee learns that the injury was a result of the work performed during employment.
Consult With An Experienced Workers’ Compensation Attorney Today
The law surrounding workers’ compensation issues can be complicated and, from just a quick look at some of the requirements involved with filing an action for workers’ compensation, it may seem overwhelming. A knowledgeable workers’ compensation attorney can help you learn the process and know what you need to do to get the relief you are entitled to. Contact a Miami workers’ compensation attorney today to get the facts about workers’ compensation and how to get what you deserve.