lumber Liquidators Lawsuit Florida – What Do Law Firms Look For When Handling Workers’ Compensation Claims?
Are you a Florida homeowner who has been involved in a lawsuit from one of the many lumber Liquidators in Florida? If so, you may be entitled to file a Florida Lumber Liquidation Lawsuit. In order for one of these cases to succeed, two conditions must be met. First, the plaintiff must show damages as a result of the defendant’s negligence and second, that the victim was employed by the defendants as an employee.
If your lawsuit is brought against a Florida Liquidator, it could be argued that they were negligent, but it is possible that they actually knew of the hazards of working with wood.
For example, sawdust, tree sap, wood dust, or wood debris could easily become airborne and present a danger if not stored in proper storage containers. Workers would run the risk of inhaling these particles while operating the machines at their job site. While this may not always have been an issue with older employees, it is certainly something that should be investigated if it is discovered that a Florida Liquidator routinely leaves large pieces of lumber lying around.
Another scenario that can be brought up is that of dangerous working conditions.
Florida employers are required to provide safe working conditions for their employees. However, there have been questions raised as to whether or not these laws apply to Liquidators. For instance, if an employee is injured while at work, is told he cannot sue because of this stipulation in the law, or if his employer has knowledge that these conditions exist, yet chooses to ignore them anyway, this could be considered a valid violation. Because these employees’ health and well-being could have be adversely affected had they been aware of these dangers, their injury should be compensated for.
As it is, there is very little that can be done to protect an employer from liability in the event of an accident. The only protection that Florida employers are afforded is “fair and reasonable” treatment of their employees. This simply means that Florida employers cannot simply tell their employees to avoid suits and that they will be held completely liable for injuries that occur. This means that even if an employee is injured at work, if the employer has knowledge that such conditions exist, he may be ordered to be responsible for them. In addition to possible monetary damages, courts may order employers to halt practices that cause employees to be injured on purpose.
If an employee is injured on the job site, he may also be entitled to compensation for suffering.
Damages awarded in this manner are typically equal to one and a half times actual wage for each day that an employee is off from work due to injury. An employee may also be able to receive payment for time off during rehabilitation. For example, if an employee takes time off from work for six days in a row due to a foot injury, and another employee is expected to miss six days of work due to a broken foot, the injured worker may be entitled to compensation for this missed time. Again, the court may order one of the employers to pay for any medical expenses and pain and suffering.
Workers who are injured while driving to and from work, or traveling to and from various locations on the employer’s property, may be eligible for workers’ compensation benefits.
Again, Florida is a no-fault state when it comes to this type of injury, and an injured worker may be able to sue the employer for pain and suffering as well as to receive monetary damages. If the employer was negligent in this regard, he could be ordered to compensate for lost wages and medical bills. Even if the employee’s case is ultimately unsuccessful, the law firm representing him may be entitled to settlement payments from the insurance company.
There are many Florida workers’ compensation cases that go to trial.
Unfortunately, many law firms that handle lawsuits for this type of injury choose to do nothing more than file a motion to dismiss, thereby leaving workers to fend for themselves in the legal system. In some instances, these law firms even refuse to assign workers compensation lawyers to certain cases, so having an attorney by your side can be extremely advantageous.
No matter what the case, the safety of an injured worker is paramount. If you’re ever injured on the job, make sure that you talk to a worker’s compensation attorney as soon as possible. It may not always be clear from the very beginning just how much money you can be compensated for. Having a lawyer by your side will ensure that you receive the maximum compensation possible.