Over 317,000 industrial workers are employed at factories located throughout the state of Florida. With over 18,000 industrial factories specializing in manufacturing aerospace and aviation devices, medical supplies, print materials, electrical components and instruments, and other products and parts, Florida has become one of the top ten states nationwide for industrial employment. However, the daily responsibilities of an industrial worker carry with them a high risk of injury. Factories are prone to unexpected accidents. Due to the inherent danger associated with working with unsafe chemicals, equipment, and manufacturing processes, manufacturing has become one of the most dangerous fields. Each year, hundreds of thousands of workers are injured or even killed on-the-job. When an employee is injured during the course of work, an employer may be liable for damages.
Kaiser Romanello represents the brave men and women who risk their lives every day to work in some of Florida’s most dangerous factories, including warehouses, chemical plants, and power plants. Over the past 20 years, we have focused our energy and resources on assisting victims of heinous accidents with pursuing benefits and compensation. We are familiar with the underhanded tactics that employers and insurance companies use to take advantage of workers who were injured in industrial accidents. We provide representation to clients throughout the state of Florida, including Broward, Miami-Dade, and Palm Beach Counties. To schedule a free initial consultation with our industrial accident lawyers, contact Kaiser Romanello today.
COMMON TYPES OF INDUSTRIAL ACCIDENTS IN FLORIDA
Kaiser Romanello assists clients in recovering compensation in a wide variety of industrial accidents, including:
- Scaffold collapses
- Falls
- Chemical explosions
- Fires
- Poisoning and chemical exposure
- Electrocution
- Malfunctioning equipment and machinery
- Forklift accidents
- Falling objects and debris
- Getting trapped in or between machinery
- Heavy machinery-related accidents
INDUSTRIAL FACTORY EMPLOYER RESPONSIBILITIES IN FLORIDA
The Occupational Safety & Health Administration (OSHA) is tasked with administering the Occupational Safety & Health Act. The Act mandates that employers have a duty to provide industrial workers with a safe workplace. If an employer violates this duty, the employer can be liable for negligence in a civil lawsuit. In addition, the employer may be subject to civil penalties and fines enforced by OSHA. Federally mandated employer responsibilities include:
- Complying with safety rules and regulations
- Maintaining factories and equipment according to OSHA standards
- Providing safe tools and proper training
- Using proper signs and warnings for hazards in the workplace
- Designing safety protocol and procedures for emergencies
- Submitting to frequent OSHA inspections
- Correcting any OSHA violations by the deadline
If you are injured while working, your employer is required to immediately report your accident to OSHA, who may decide to investigate the cause and circumstances surrounding your injury.
WHAT IS THE DIFFERENCE BETWEEN A PERSONAL INJURY CLAIM AND WORKERS’ COMPENSATION?
Workers’ compensation insurance is a special type of insurance purchased by employers to cover accidents that occur in the workplace or while the employee is performing work-related tasks. Workers’ compensation insurance is similar to car accident insurance. The injured employee submits a claim, and the insurance company investigates the claim, determines fault, and, if the employer is found to be at fault, provides benefits to the injured employee.
Workers’ compensation benefits include lost wages, medical expenses, and lost income due to long-term or permanent disabilities that affect the worker’s ability to maintain employment in the future. If the accident was caused by a co-worker, the employer or the employer’s negligence, workers’ compensation should provide benefits.
Workers’ compensation often involves arbitration or mediation, which are governed by the insurance company’s contract with the employer. A workers’ compensation lawyer can assist you with filing your claim and proving your case in order to maximize your recovery.
In addition, you may be able to recover compensation through a personal injury claim. Workers’ compensation claims will not reimburse you for all of your losses. For example, if your injury leaves you with life-long pain, you will be unable to seek damages for pain and suffering through the workers’ compensation claim. However, personal injury lawsuits allow you to pursue emotional injury damages. In addition, you can file claims against third parties, such as equipment manufacturers or servicers.
When an accident is caused by a co-worker, the employer is liable under the theory of vicarious liability. If the co-worker was on-the-clock and acting in his or her official job capacity, the co-worker was working as an agent of the employer. The employer will therefore be responsible for the negligence of this co-worker if the injuries were foreseeable. For instance, if a co-worker was distracted while operating a forklift and ran over another employee, the co-worker was negligent at the time of the accident. The responsibility for this negligence is passed on to the warehouse.
Employers themselves can also be negligent in the maintenance of the factory. For instance, the employer may cut corners in maintaining equipment, fixing OSHA violations in a timely manner, hiring a sufficient number of employees to perform a complex job that requires extensive manpower or providing adequate supervision.
IF YOU WERE INJURED IN AN INDUSTRIAL ACCIDENT, CALL KAISER ROMANELLO TODAY TO DISCUSS YOUR CLAIM!
Whether you are interested in pursuing a workers’ compensation claim or personal injury lawsuit, you should seek the guidance of a skilled industrial accident lawyer. At Kaiser Romanello, we have a combined 25 years of experience with assisting clients and their families with dealing with the devastating pain and losses of unexpected workplace accidents. Contact Kaiser Romanello now to discuss your industrial accident today.
