At the very least, employees should be able to feel confident that when they go to their workplace they will have a safe environment to work in. They should be able to put in their time and leave with more than they brought with them – their wages and perhaps, if they are lucky, a sense of accomplishment for a job well done. Sometimes, however, they leave the workplace with more than they intended – or wanted – workplace injuries. What happens when employees get hurt on the job?
A Range Of Injuries
Workplace injuries are all too common an occurrence. A slip and fall can result in just a minor injury, but sometimes, the consequences of getting hurt on the job can be far worse. As in the case of this tragic story of a sewage plant worker, employees can also sometimes pay the ultimate price for a day at work – their life.
Who Is Liable, And For What?
Florida Statute 440.11 describes the liability that an employer has to an injured employee (or his or her legal representative, including spouses, parents, dependents, next of kin, etc.) as exclusive and in the place of all other liability, including vicarious liability. In the case of death of an employee as a result of a workplace injury, Florida Statute 440.16 states that the employer shall pay actual funeral expenses up to $7,500, compensation to the surviving spouse, child(ren), parents, siblings, and/or grandchildren, and certain educational expenses for surviving spouses.
When An Accident Is Not Truly An Accident
For the purposes of workers’ compensation, if an injured party can prove by clear and convincing evidence that the injury was caused by an employer’s action that was either intended to injure the employee or that the employer engaged in conduct that the employer knew was certain to result in injury or death to the employee, and the employee was not aware of the risk, the employer has committed an intentional tort. Here, remedy may be pursued outside of the realm of workers’ compensation..
Act Today To Recover What Is Rightfully Yours
If you or a loved one has been injured as a result of a workplace accident, you will want to speak with an attorney to learn what recourse you may have. An attorney will evaluate your case and advise you how to proceed. Attorneys often know the right questions to ask and the important facts to establish in cases involving workplace injuries.
Contact an attorney today for the compassionate guidance you need when trying to determine the best way to recover – physically, emotionally, and financially – from an employment-related accident.