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Examples of Bad Faith Workers’ Compensation Cases in Florida

Posted on: May 15, 2013 12:25 am

Florida employees who are injured on the job are entitled to workers’ compensation benefits to cover their medical expenses and lost wages. When an injured employee is not provided those benefits in a fair manner, they may consider filing a case of “bad faith” against the workers’ compensation insurance company.

One of Florida’s most well known case example of bad faith was Aguilera v. Inservices, 2005. The Florida Supreme Court denied the defense of the workers’ compensation refusal of benefits.  It was discovered that the claims adjuster intentionally prevented the injured worker from obtaining medical care, after being annoyed by the claimant’s complaints. When the insurance company delayed payments and refused medical care, it was seen as acting in bad faith.

Why are most Florida workers’ compensation claims denied?

Many times workers’ compensation insurance companies unfairly deny claims. Below is a list of the most commonly used reasons for denial of benefits.

  • Employer disputes the claim occurred at work
  • Expiration of statute of limitations
  • Suspicion of insurance fraud
  • Uncertainty of work related injury
  • Untimely notification of injury or illness
  • Investigation of pre-existing condition

As this case illustrates, workers’ compensation adjusters are well versed in taking advantage of injured employees.  Employees who have been injured in a work-related accident or developed a work-related illness or injury should always check with a skilled attorney first, to make sure they are being treated fairly. A qualified workers’ compensation attorney can make an astounding difference in the way you achieve the results you need, both for your physical and financial health.

Get Help!

Employees who suffer from work-related injuries and illnesses are eligible for workers’ compensation benefits! It is important to talk with an experienced South Florida Workers’ Compensation Attorney to make sure that you are not denied full benefits.

If you need assistance to file your claim for Florida Workers’ Compensation Bad Faith, the Law Offices of David Benenfeld is here to help. For or a free legal consultation and book call today: 866-9-HELP NOW or 866-943-5766.

Infamous Cases of Overmedicating Florida Nursing Home Residents

Posted on: May 9, 2013 1:42 am

It’s often said that placing a loved one in a nursing home may be the most difficult, yet necessary choice a family feels they must make. Unfortunately, loved ones are at high-risk for abuse within a nursing home. Reports reveal that 25% of nursing homes are cited every year for elderly abuse.

Researchers are currently seeing a dramatic increase in nursing home residents being overmedicated. Florida nursing homes have been proven to have the highest rates of overmedicating their residents, over 71%. Below is list of recent nursing home overdose headlines.

Morphine Patch Kills St. Louis Nursing Home Resident
At only 46, nursing home resident William Jones didn’t even have a prescription for the morphine patch. While it remains unclear how the patient received the morphine, the nursing staff testified that patients were routinely overmedicated and given morphine. The St. Louis Normandy Nursing Center was found responsible for his death. While the hospital’s attorney defended their 2/5 star rating from Medicare, the jury ruled in the brother’s favor and assigned damages to be paid in the total of $700,000.

Overdose of Coumadin Kills California Nursing Home Resident
Within another nursing home, an 82-year-old stroke patient was recently overdosed with Coumadin, a blood thinning medication. Following his daughter’s persisting for him to be rushed to the hospital after obvious bruising, it was found that he was administered 20-times more of the medication than that which was prescribed. Her father died two days later and the CA Health Department gave a spanking to the hand with a $100,000 fine. The firm that owned that nursing home also owed over $30 million in damages to another family for elderly abuse causing another’s patients death.

If you have a loved one that has suffered from being given the wrong medication or overmedicated within a Florida nursing home, contact the Law Offices of David Benenfeld for a free legal consultation to determine if you have a case. To successfully pursue defending your loved one’s rights, you will need a qualified Florida Nursing Home Abuse Attorney. Call 866-9-HELP NOW or 866-943-5766.

How to Avoid Getting Caught in a Tailgating Auto Accident

Posted on: May 5, 2013 5:38 am

Florida’s auto accident reports consistently identify tailgating as a key contributor to serious accidents. In fact, tailgating is the chief cause for most rear-ended auto accidents. For any conscientious Broward County resident that wants to avoid getting into an accident caused by tailgating, it seems logical to advise drivers to “Stop Tailgating!” There’s more. Read below.

The DMV highly recommends to allowing enough cushion space between your car and the one in front. Every driver uses a different gauge to measure how much time they need to react to an immediate stop. Certain catastrophic combinations make it difficult to avoid a tailgating accident. In these scenarios make sure to allow for at least four seconds between you and the car ahead of you by counting (one thousand-one, one thousand-two, one thousand-three, and one thousand-four!).

  1. If you are being tailgated do NOT brake suddenly! Irritated drivers often brake to send immediate signal to back off, but end up being the one getting injured.
  2. Let him pass. If someone is tailgating you allow space in front for him to pass. It’s not worth the hassle of fighting over first place.
  3. Follow 4-second rule, especially when behind a bus, large truck, or motorcycle.
  4. Be careful to not tailgate when either merging onto or exiting a freeway.
  5. If a tailgater makes an aggressive pass to cut you off, simply let off the gas; do NOT brake suddenly or swerve into another lane.
  6. Plan for double reaction time during rainy weather.

If you have a car accident involving tailgating and have been injured, it is vital that you seek quality support from a skilled Broward County Accident Attorney who understands the emotional, medical, financial, and legal issues that are at hand.

Contact the Law Offices of David Benenfeld for a free legal consultation to receive the support you need. Call 866-9-HELP NOW or 866-943-5766.

Types of Back Injuries that Should Receive Florida Workers’ Comp Benefits

Posted on: April 27, 2013 10:38 pm

Back injuries on the job in Florida occur more than most people realize. In any type of workplace environment, backs are at great risk for getting injured.  From a simple twist or turn in an office building to a lifting injury at a warehouse it can happen to anyone.

Some of the many different types of workplace back injuries include:

  • Back sprain and strain – the back is made up of tendons, ligaments and muscles. When a back strain occurs, an injury to muscles or tendons happen. When a back sprain takes place, stretching or tearing of the ligaments occur.
  • Herniated disc – when a spinal disc is forced out of place due to an injury, it fails to act like a cushion between the bones of the spine and thus puts pressure on the nerves. This can cause a condition known as sciatica, which can cause shooting pain down the buttocks and leg that can be debilitating.
  • Broken back – when the section of the spine referred to as the back—Lumbar, Thoracic, Sacral, and Coccygeal—suffers a fracture, the back can be described as broken.
  • Vertebral compression fracture – when the bones of the spine become compressed due to trauma, it can cause compression of the nerves. This type of injury is usually seen with falls from heights.
  • Spinal cord injury – when a blow to the spine occurs on the job, victims may suffer partial or complete paralysis due to severe nerve damage.

In any of the above listed injuries, victims suffer from pain, as well as lack of range of motion and functionality. Depending on the diagnosis, people with back injuries may have to undergo spine surgery and may require weeks and months off of work in order to heal completely. If your workplace back injury in Florida causes you pain and the inability to work, drive, walk, or care for yourself, please call a skilled South Florida workers’ compensation lawyer immediately.

An attorney can help you get the most benefits available under Florida workers’ compensation laws. Unfortunately, insurance companies have been known to question back injuries, which is why you will want someone on your side fighting for you. Contact the Law Offices of David Benenfeld today at 866-9-HELP NOW or 866-943-5766 to receive a free consultation and book: Hurt On the Job in Florida – What Are My Rights?

What Are the Most Common Wrongful Death Cases from Manufacturing Defects?

Posted on: April 23, 2013 10:27 pm

Wrongful death can occur in a number of circumstances, some of which are more common than others. Below is a description of Florida’s most common types of wrongful death claims that are due to manufacturing defects.

  1. Deadly Car Accidents. The best driver cannot avoid a deadly car crash caused by defective manufacturing. Vehicle manufacturers are held to a high standard when it comes to manufacturing safe vehicles. Common deadly car accidents that are due to defective manufacturing often involve an issue with brakes, brake pads, tires, seat belts, air bags, and other devices which are intended to provide driver and passenger safety.
  2. Dangerous Drugs. The medical industry giants cause thousands of deaths within the United States every year. Prescription drugs and medical devices are frequently produced with numerous manufacturing defects, which cause serious illness and wrongful death claims. Often drugs are recalled too late for families who have lost loved ones. Pharmaceutical companies and medical device manufacturers are held accountable under Florida’s strict product liability laws.
  3. High Risk Jobs. Certain professions are simply more risky and unsafe than others. Construction sites, factories, and mining to name just a few are more likely to have wrongful death claims against their employers and manufacturers. While OHSA sets forth strict standards to ensure a safe work environment, deadly errors often occur during the manufacturing of machinery required for the job.

Family members who have lost a loved one due to defective manufacturing don’t realize that Florida upholds a strict liability statue. It is vital that victims and family receive expert advice from a qualified Broward County Wrongful Death Attorney. Contact the Law Offices of David Benenfeld for a free legal consultation to determine if you have a case. Call 866-9-HELP NOW or 866-943-5766.

5 Preventive Action Steps to Avoid a Broward County Accident

Posted on: April 17, 2013 11:04 am

Take These 5 Preventive Action Steps to Avoid Accidents

To prevent becoming Florida’s next auto accident statistic, take these life-saving preventative actions before you get behind the wheel.

  1. Decrease Distraction. Remove cell phone temptations by placing your phone on mute, turning it OFF, or placing it in back seat. Try to avoid leaving late so you have extra time to get your kids properly buckled in and calmly settled in for the ride. Clean out your car so you are able to focus freely on the road, so you don’t get your hands tangled in messy distractions.
  2. Drive Dry. Arrange a designated driver BEFORE your FIRST drink. Don’t take chances that more often lead to death than not. It’s a simple precaution that requires self-control and consideration.
  3. Rest. While you know that proper sleep affects your health, do you know that driving without it puts you as a prime target for an auto accident? Don’t drive without adequate sleep or rest.
  4. Breathe. If you notice your chest tightening and frustration mounting, remember to breathe. Count to 10 or do whatever it takes to calm down. Slow down. Avoid the urge to speed and run the yellow light. Patience is a huge preventative measure that could save your life and others!
  5. Fix it. Regular car maintenance is an often overlooked preventative measure against auto accidents. Fix the tail light, brake light, brake pads, or whatever else needs fixing.

If you were in a Florida car accident and have been injured, it is vital that you seek quality support from a skilled Broward County Accident Attorney who understands the emotional, medical, financial, and legal issues that are at hand.

Contact the Law Offices of David Benenfeld for a free legal consultation to receive the support you need. Call 866-9-HELP NOW or 866-943-5766.

Types of Shoulder Injuries that Deserve Florida Workers’ Comp Benefits

Posted on: April 14, 2013 4:33 pm

Shoulder injuries at work can occur in a number of different ways from lifting something heavy to falling. Unfortunately, any type of shoulder injury can cause a worker pain, limited movement, and time off of work. From employees who perform repetitive arm movements to workers placed in dangerous conditions to those who lift something once or slip and fall, shoulder injuries are a common occupational hazard.

All shoulder injuries should receive Florida workers’ compensation benefits, including:

  • Shoulder fractures
  • Shoulder sprains and strains
  • Rotator cuff tears
  • Separation
  • Dislocation
  • Bicep tendon tears
  • Impingement
  • Bursitis
  • Tendinitis
  • Frozen shoulders
  • Soft tissue injuries

Some of the most common shoulder injuries are shoulder fractures, dislocations, soft tissue injuries, and rotator cuff tears. When injuries to the rotator cuff happen, or injuries to the scapula, clavicle, and humerus bones occur, or injuries to the glenohumeral, acromioclavicular and sternoclavicular joints occur, a worker can be in a lot of pain and unable to perform the daily activities that he or she once did.

Insurance companies sometimes view some shoulder injuries as more severe than others and don’t want to cover more minor shoulder injuries. However, if you suffered a shoulder injury at work, you are entitled to workers’ compensation benefits. Make sure you get the benefits you are entitled to by calling a skilled Florida workers’ compensation attorney immediately after your workplace accident.

Injured workers deserve all the benefits they can. Don’t let the insurance company or your employer tell you any different. Contact a qualified Broward County workers’ compensation attorney at the Law Offices of David Benenfeld today at 866-9-HELP NOW or 866-943-5766 and receive a free consultation and book: Hurt On the Job in Florida – What Are My Rights? 

Overloaded Trucks Cause Broward County Trucking Accidents

Posted on: April 9, 2013 8:56 pm

Tractor-trailers are heavier, longer, and call for more skill from truck drivers than those of other large vehicles. Not only do commercial truck drivers require more knowledge and training, but driving a tractor-trailer compels each individual to apply what they have learned.

Certain behaviors make a truck driver more dangerous than others. Some of the obvious unsafe driving behaviors that come to mind include: falling asleep at the wheel, driving too fast, and texting while driving. But overloading the bed of a truck is considered one of the riskiest choices that can be made.

The Department of Vehicles reports that more than of 50% of truck driver deaths result in rollovers. In fact, a fully loaded tractor-trailer is 10 times more likely to roll over in a collision than an empty big rig. Part of a truck driver’s job is to load the truck and load it properly. The more that is loaded, the heavier the load, and the higher the center of gravity. As you can picture this in your mind, the higher the center the gravity, the more likely the truck is to roll over.

Two major factors directly affect the likelihood of drivers tipping their rigs. First, the truck must NOT be overloaded. Secondly, truck drivers must take their turns cautiously, at a safe speed. One of these factors by itself can cause a fatal collision; combine the two, and it’s literally like waiting for an accident to happen.

Frequently, Broward County trucking companies and drivers are in violation of federal and state regulations which govern safe driving practices. Sadly, most deaths and injuries could have been prevented if mandated precautions had been properly observed by members belonging to the trucking industry.

Contact a skilled Broward County trucking accident attorney at the Law Offices of David Benenfeld for a free legal consultation to determine if you have a case. Call 866-9-HELP NOW or 866-943-5766.

Who is at Fault when Bicycles and Vehicles Collide in Florida?

Posted on: April 4, 2013 4:30 pm

Most people don’t consider riding a bike to be the most dangerous transportation of choice, but it’s certainly not the safest. In 2010, bicycle accident stats revealed that over 50,000 persons were seriously injured and over 600 people were killed.  Research shows that bicyclists are four times more likely to be injured in an accident than are other motorists.

Cyclists obviously decrease their chances of survival when they enter an intersection shared by cars and trucks. Since many motorists are easily bothered by nuisance of being forced to share the road with a bicyclist, they haven’t exactly modified their driving behavior.  And while vehicles may continue to cut-off bicyclists and honk obnoxiously, cyclists have picked up a few bad habits of their own.  Florida bicyclists are easily amused by their profanity laden accusers and known to whiz through red lights, speed in-between pedestrians, and weave through intersections. It’s no wonder that numerous bicycle-vehicle accidents cause serious injuries.

With such obvious tension, the question remains. Who is at fault for most bicycle-vehicle collisions? State by state research consistently shows the fault of the accident is evenly distributed within a few percentage points of 50/50 between the cyclist and motorist.

Thus, each driver must take safety precautions of their own in order to find themselves smack dab in the middle of a vehicle-bicycle crash.  Bicyclists and motorists alike must become better educated so they can lessen their odds of being the next statistic.

Attributing cause and fault for a bicycle accident that involves another vehicle requires the expertise of an experienced Broward County Auto and Bicycle Attorney. If you have been injured in a Broward County bicycle accident with another car, you need to talk to an expert who can assist you in filing a successful claim.

Contact the Law Offices of David Benenfeld for a free legal consultation to determine if you have a case. Call 866-9-HELP NOW or 866-943-5766.

Who’s to Blame for a Florida Staircase Slip and Fall Accident?

Posted on: March 27, 2013 6:09 am

When walking between the first floor and second floor of a building—whether you are at work, your apartment complex, or another location—you most likely use a staircase and hold onto the hand rails to help you keep your balance as you proceed up or down the stairs. The majority of the time, the stairs work as they were designed and the handrail stays in place and provides support while walking; however, on occasion, a Florida slip and fall accident in a staircase occurs because of a defect or lack of maintenance.

Stairways are one of the most common places to fall. While some falls are caused by a person running, tripping over their own shoe, or not watching where they are going, other falls are caused by poor lighting, poor design, and other  hazardous stairwell conditions, such as poor functioning handrails.

You may be able to hold the building owner liable if your South Florida slip and fall accident and injury in a staircase involved any of the following hazards:

  • Missing handrail
  • Loose handrail caused from missing screws (not secured properly to the wall)
  • Missing section of a handrail
  • Inaccessible handrail
  • Torn carpeting on stairs
  • Failure to use slip resistant materials on stairs
  • Faulty stairway design that was not equal in flight or didn’t have the correct tread depth
  • Dim or inadequate lighting in the staircase (it was hard to see)

If your fall was the result of any of the above hazards, you may be able to assign blame for your Broward County slip and fall to the owner of the building or property possessor. If you are able to do so following your fall, take pictures of the missing handrail or hazard. Sometimes, poorly designed stairs aren’t noticeable and should be inspected by a professional to determine if that’s what caused your fall. Staircases should be designed properly, and they should be taken care of and maintained sufficiently.

If a poor design or lack of maintenance led to your sprain, broken bones, knee injury, or other injury, you deserve financial compensation for your injuries. Call a South Florida slip and fall attorney  at the Law Offices of David Benenfeld at 866-9 HELP NOW or 866-943-5766 for a free consultation to find out more about your rights today.