7 Facts You Must Know About Florida Workers' Compensation https://www.injurylawservice.com Wed, 27 Mar 2024 09:52:42 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 7 Facts You Must Know About Florida Workers’ Compensation https://www.injurylawservice.com/7-facts-you-must-know-about-florida-workers-compensation/ Mon, 01 Apr 2024 07:20:26 +0000 https://www.injurylawservice.com/?p=27241 Read More »]]> As a hard-working Florida employee, having a clear understanding of the state’s workers’ compensation system is crucial. From ensuring fair treatment to navigating the claims process, being well-informed empowers you to protect your rights and seek fair compensation for your injuries.

This blog delves into seven essential facts about Florida workers’ compensation that every worker should know. From debunking common myths to exploring the benefits and legal support available, we will provide you with valuable insights to navigate the intricacies of the system.

Have you already suffered a workplace injury?

The support and guidance of a knowledgeable and experienced Fort Lauderdale workers’ comp lawyer can make all the difference. Contact us at (954) 677-0155 to schedule your free initial consultation.

The Basics of Florida Workers’ Compensation

Florida workers’ compensation provides crucial protection for employees who experience work-related injuries. Understanding the fundamentals of this system helps you receive fair compensation for your injuries.

Here are the key points you should know:

  • Coverage and Eligibility: Florida workers’ compensation generally covers employees injured on the job, regardless of fault. Most employers are required to provide this coverage, guaranteeing medical treatment from an authorized provider, disability benefits, and potential wage replacement.
  • Prompt Reporting: Report workplace injuries to your employer promptly. Failure to report your accident within the designated time frame of 30 days may jeopardize your ability to claim benefits.
  • Medical Benefits: Injured employees are entitled to medical treatment, including authorized doctor visits, medications, surgeries, rehabilitation, and medical supplies. It is important to follow approved procedures and to also keep records of expenses for proper reimbursement.
  • Disability Benefits: Temporary total disability benefits and temporary partial disability benefits may be available if you’re temporarily unable to work. Permanent total or permanent partial disability benefits are provided for permanent disabilities.
  • Wage Replacement: Workers’ compensation benefits include wage replacement to compensate for lost income. These benefits generally cover a percentage of your average weekly wage.

For personalized guidance through the complexities of your workers’ compensation case, seek the services of an experienced Fort Lauderdale workers’ compensation lawyer. They can help maximize your chances of receiving fair compensation for your injuries.

Common Types of Workplace Injuries Covered by Florida Workers’ Compensation

Concerning Florida workers’ compensation and understanding the common types of workplace injuries the system covers is vital. Some of the most reported work-related incidents include:

  • Slips, Trips, and Falls: These accidents can occur due to hazardous walking surfaces, improper signage, or cluttered work areas.
  • Repetitive Motion Injuries: Constant repetitive motions can lead to conditions like carpal tunnel syndrome, tendonitis, or bursitis.
  • Strains and Sprains: Overexertion, lifting heavy objects, or sudden movements can result in strains or sprains in muscles, ligaments, or tendons.
  • Machinery Accidents: Injuries can occur due to operating machinery, lack of proper training, or equipment malfunctions.
  • Construction Accidents: Falls from heights, being struck by falling objects, or accidents involving heavy machinery are common in the construction industry.

Why Timely Reporting and Documentation Matter in Florida Workers’ Compensation Cases

Timely reporting and meticulous documentation carry significant weight in Florida workers’ compensation cases. Reporting your workplace injury promptly to your employer is paramount to protecting your rights and taking the necessary steps. By reporting the incident as soon as you possibly can, you significantly increase your chances of receiving compensation.

Equally important is the diligent documentation of your injury and subsequent treatments. Maintaining thorough records of medical appointments, diagnoses, treatments, and related expenses also strengthens your case. These documents serve as important evidence to support your claim and demonstrate the extent of your injury.

The Claims Process Unraveled: How to Navigate Florida’s Workers’ Compensation System

Navigating Florida’s workers’ compensation system requires understanding the claims process. Here’s a concise overview.

  • Reporting: Report your injury promptly to your employer, providing accurate details of the incident.
  • Medical Treatment: Seek necessary medical treatment from authorized healthcare providers. Remember, workers’ comp insurance carriers require injured employees to see doctors from their approved list. Once you’ve seen an authorized doctor, follow their instructions and keep records of all medical documentation.
  • Claim Filing: Complete and submit the workers’ compensation claim form to the Florida Division of Workers’ Compensation (DWC) within the designated time frame.
  • Claim Review: The DWC will review your claim, and the insurance company may investigate. Cooperation and providing requested information are vital.
  • Benefit Determination: If your claim is approved, you may receive medical benefits, wage replacement, and disability benefits as determined by the severity of your injury.
  • Dispute Resolution: In case of disputes or denials, seek legal guidance from a Fort Lauderdale workers’ compensation lawyer to protect your rights and explore legal remedies.

Understanding the claims process and seeking assistance from a qualified Fort Lauderdale workers’ compensation lawyer can help you navigate the system effectively.

Calculating Your Benefits: Understanding How Florida Determines Workers’ Compensation Payments

The determination of workers’ compensation payments in Florida involves several factors that may vary depending on the circumstances. One crucial aspect is the calculation of the Average Weekly Wage (AWW), which is typically based on your pre-injury earnings over a specified period.

The payment structure considers the nature and extent of your injury. Temporary Total Disability (TTD) benefits may be provided if you are temporarily unable to work, generally amounting to a percentage of your AWW. Temporary Partial Disability (TPD) benefits may apply if you can work, but earn less due to your injury.

In cases of permanent disability, Permanent Total Disability (PTD) benefits may be awarded, providing ongoing compensation. For those with permanent impairments but still able to work in some capacity, Permanent Partial Disability (PPD) benefits are determined based on the severity of the impairment.

Rehabilitation and Medical Benefits: Accessing the Necessary Care for Your Workplace Injury

Receiving rehabilitation and medical benefits is crucial for addressing your workplace injury. These benefits provide necessary care and aid in your recovery. Medical benefits typically cover doctor visits, surgeries, medications, and other treatments related to your injury. Rehabilitation benefits may include physical therapy, vocational training, or job placement assistance. It’s essential to work with authorized healthcare providers and follow their recommendations to ensure your eligibility for these benefits. If you encounter any challenges or concerns regarding access to the necessary care, consulting workman’s comp lawyers in Florida can provide guidance and protect your rights throughout the process.

Exploring Legal Options for Workers’ Compensation Cases in Florida

When dealing with workers’ compensation cases, understanding the available legal options is critical. In many instances, filing a claim is the first step toward seeking benefits for your workplace injury. Claims involve submitting the necessary paperwork and supporting documentation to the appropriate authorities. Negotiations may also come into play during the process. These negotiations can involve insurance companies, employers, or their representatives to reach a fair settlement agreement.

In certain situations, when disputes arise over benefits and an agreement cannot be reached, filing a lawsuit may be necessary. Lawsuits involve taking your case to court and having a Judge of Compensation claims make a final decision as to the benefits that you may be entitled to.

Hurt on the Job? Fort Lauderdale Workers’ Comp Lawyer, David M. Benenfeld, Is Ready to Help

At the Law Offices of David M. Benenfeld, P.A., located in Sunrise, Florida, we right wrongs for individuals in Fort Lauderdale, FL, and its surrounding areas. Our dedicated legal team is here to assist you in obtaining fair compensation for lost wages, vital medical care as well as a lump sum settlement. With our support, you can concentrate on recovering from your work-related injury with confidence. Contact us now at (954) 677-0155 or fill out our online form to schedule your free consultation.

At the Law Offices of David M. Benenfeld, if you’ve been hurt – we can help!

Copyright © 2024. Law Offices of David M. Benenfeld, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Law Offices of David M. Benenfeld, P.A.
7800 West Oakland Park Blvd, Building F, Suite 216
Sunrise, FL 33351
(954) 677-0155
https://www.injurylawservice.com/

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Law Offices of David M. Benenfeld, P.A. Welcomes New Client Intake Specialist https://www.injurylawservice.com/law-offices-of-david-m-benenfeld-p-a-welcomes-new-client-intake-specialist/ Tue, 26 Mar 2024 11:46:22 +0000 https://www.injurylawservice.com/?p=27313 Read More »]]> SUNRISE, Florida — The Law Offices of David M. Benenfeld, a respected personal injury and workers’ compensation law firm based in Sunrise, Florida, is pleased to announce the addition of Marco Trejo as their new Client Intake Specialist. This strategic hire underscores the firm’s commitment to providing exceptional client-centered service and support.

Marco brings a unique blend of passion and empathy to his new role. As he describes, “I am a soul that loves to feel, perceive, and practice his spiritual bond with this plain.” With a deep appreciation for art, nature, and the power of connection, Marco is poised to enhance the client experience at the Law Offices of David M. Benenfeld.

“We are thrilled to welcome Marco to our team,” said David M. Benenfeld, founder of the Law Offices of David M. Benenfeld. “His commitment to understanding and supporting our clients will be a great asset as we continue to provide exceptional legal services to the Sunrise community and beyond.” Benenfeld further elaborated, “Marco’s holistic approach to client care aligns perfectly with our firm’s values of compassion, integrity, and excellence.”

In his role as Client Intake Specialist, Marco will be responsible for ensuring a seamless and positive experience for all new clients. As Marco notes, “I love to read, to find new ways of understanding, to learn and to teach, to share our knowledge, and to receive.” This dedication to continuous learning and growth will be instrumental in helping the firm adapt to the evolving needs of their diverse client base.

The Law Offices of David M. Benenfeld has been serving the legal needs of individuals in the Sunrise area for over a decade, with an exclusive focus on personal injury and workers’ compensation. With Marco’s addition to the team, the firm is poised to further enhance their client-centric approach and deliver even more comprehensive and personalized legal solutions.

About Law Offices of David M. Benenfeld, P.A.

Have you been injured due to the negligence of another person? They are legally responsible for the injuries they inflicted on you, and you are legally entitled to recover monetary compensation from them for your medical expenses, lost wages for work you missed, pain and suffering, and other legal damages. The law is on your side, but negligent individuals, businesses and their insurance companies don’t make it easy on you. They’ll say the accident wasn’t their fault, you weren’t really hurt very badly, or it was actually your own negligence that is to blame. It’s up to you to prove all of the facts of your case and to know how the law applies to the specific facts of your case. That’s where an experienced personal injury attorney can be invaluable.

At The Law Offices of David Benenfeld, our Fort Lauderdale workers’ compensation lawyers have years of experience helping people like you get the medical care and financial compensation they need after becoming victims of workplace injury or other’s negligence in a car, truck or motorcycle accident, slip and fall, or other personal injury. You can count on us to deliver outstanding representation in your case and fight to get the best results for you and your family.

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Experienced Florida Workmen’s Comp Attorneys Answer The Most Frequently Asked Questions https://www.injurylawservice.com/experienced-florida-workmens-comp-attorneys-answer-the-most-frequently-asked-questions/ Fri, 01 Mar 2024 13:14:10 +0000 https://injurylawservice.com/?p=22122 Read More »]]> Whether you are lifting materials on a construction site, keeping things running in an office, or waiting tables in a bustling restaurant, Florida workers contribute daily to the success of various businesses and employers. Unfortunately, work also presents the possibility of suffering a personal injury on the job, incurring medical bills, dealing with lost wages, and obtaining medically necessary treatment to support your recovery.

When the unexpected happens, understanding your rights under workers’ compensation law and the workers’ compensation benefits available to you is vital. This blog, from knowledgeable and experienced workmen’s comp attorneys in South Florida, answers the most frequently asked questions we receive from injured workers who seek our help in the aftermath of work-related accidents.

Have you already suffered a workplace injury? Keep reading to learn more, then contact us at (954) 677-0155 to schedule your free initial consultation.

How Do Florida Workers’ Compensation Laws Work?

Florida’s workers’ compensation system provides medical benefits and wage replacement for employees who suffer work-related injuries or illnesses. The benefits provided under Florida’s workers’ compensation laws include coverage for medical treatment related to the work injury, temporary disability benefits, permanent impairment benefits, vocational rehabilitation services, transportation expenses, and death benefits for surviving dependents.

Is My Employer Required to Cover Workers’ Compensation Insurance?

Most employers in Florida are required to provide workers’ compensation insurance for their employees. This coverage extends to full-time, part-time, and seasonal workers. Employers must display a notice with workers’ comp information in a prominent place where employees can see it.

What Types of Injuries Sustained in Workplace Accidents Qualify for Workers’ Compensation Benefits?

Workers’ compensation benefits may be available for employees injured on the job, including acute injuries like fractures or sprains, repetitive motion injuries, occupational illnesses, and aggravation of pre-existing conditions due to work-related activities. Some of the most common workers’ comp injuries include:

  • Slips, trips, and falls
  • Falls from heights
  • Injuries caused by falling equipment or other objects
  • Machine injuries
  • Muscle strain / soft tissue damage
  • Fractured or broken bones
  • Repetitive strain injuries
  • Burns or explosions
  • Electrocution
  • Auto accidents
  • Noise exposure (hearing loss)
  • Walking into objects
  • Spinal cord injuries
  • Loss of limb
  • Cuts or lacerations
  • Assaults, fights breaking out at work, etc.

What If I Was Injured by a Tool or Equipment in a Workplace Accident?

If a tool or device inflicted an injury on you, a common occurrence in construction accidents, you have a valid workers’ compensation claim, regardless of a malfunction. Florida operates under a no-fault system, meaning it does not matter how the workplace injury occurred. If the accident happened during work, workers’ compensation covers it.

What Type of Workers’ Compensation Benefits Are Available to an Injured Employee?

Medical care from an authorized treating physician is the most common benefit. Approved medical care can include physical therapy, a chiropractor, a general practitioner, an orthopedist, a neurologist, or a pain management specialist. Depending on the scope and severity of your injuries, you could potentially qualify for temporary total benefits for up to two years, if unable to return to work.

In the unfortunate event that you suffer injuries so severe that you cannot return to work in the same capacity, you could qualify for permanent total disability checks. If eligible, you would receive these benefits until you reach age 75.

When Should I Inform My Employer About My Injury?

Employees who suffer a work-related injury or illness must report the incident to their employer within 30 days. Employers must report the injury to their workers’ compensation insurance carrier within seven days of notification. Employees injured on the job can additionally file a claim with the Florida Division of Workers’ Compensation within two years of the injury and/or one year from the date of the last authorized medical treatment, whichever is later, to safeguard their rights.

Will I Lose My Job If I File a Workers’ Compensation Claim?

Florida law prohibits employers from firing employees who file a workers’ compensation claim following an injury on a job, although they can fire you for unrelated reasons. Contact a workers’ compensation attorney right away if your employer threatens to fire you for filing a claim or tries to stop you from filing one. A knowledgeable and experienced workers’ compensation lawyer will help you file the claim while protecting your interests and securing the medical attention you need.

What Happens If My Employer Refuses to Report My Worker’s Injury to The Employer’s Insurance Company?

As an experienced South Florida workers’ compensation attorney can attest, state law requires your employer to report your injury to their insurance company. In fact, employers must adhere to all requirements under Florida’s workers’ compensation law, including providing insurance coverage, reporting work-related injuries, and cooperating with the claims process. An experienced lawyer can represent your interests if your employer does not comply with the law.

I’m Receiving Workers’ Compensation Benefits. What Are My Obligations?

Once approved to receive benefits, you must comply with the requirements of the insurance carrier, including attending medical exams with authorized treating physicians.

Can I See My Own Doctor to Treat Injuries Caused by a Workplace Accident?

Workers’ comp insurance carriers require injured employees to see doctors from the insurance carrier’s approved list of doctors. While you do not have the right to seek medical care from the doctor of your choice, your initial injury diagnosis and care administered in an emergency setting should come from a doctor practicing in the same specialty as your injury, who is also under contract with the workers’ compensation insurance company, if at all possible.

What are Considered Authorized Medical Bills in Workers’ Compensation Cases?

Authorized medical expenses typically include treatment deemed necessary to cure or relieve the symptoms of a work-related injury or illness, including, but not limited to:

  1. Doctor visits and consultations
  2. Hospital bills
  3. Surgical procedures
  4. Prescription medications
  5. Physical therapy sessions
  6. Diagnostic tests (e.g., X-rays, MRIs)
  7. Durable medical equipment
  8. Vocational rehabilitation services

How Do I Deal with Dispute Resolution?

Disputes regarding workers’ compensation claims are resolved through the Florida Division of Workers’ Compensation, a process that may involve mediation, hearings before a Judge of Compensation Claims and Appeals.

Injured on the Job? Don’t Go It Alone. The Law Offices of David M. Benenfeld, P.A., Your Fort Lauderdale Workers’ Compensation Law Firm, Is Ready to Help

If you have suffered an injury while performing your job duties, you have a right by law to receive workers’ compensation. From our Sunrise office, our legal team at the Law Offices of David M. Benenfeld, P.A. rights wrongs in and around Fort Lauderdale, FL. Let us help you seek maximum compensation for lost income and secure required medical treatment so you can focus on recovering from your personal injury accident with peace of mind. Call us today at (954) 677-0155 or complete our online form to schedule a free consultation.

At the Law Offices of David M. Benenfeld, P.A., we’re all about righting wrongs. No questions asked.

Copyright © 2024. Law Offices of David M. Benenfeld, P.A. All rights reserved.

The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Law Offices of David M. Benenfeld, P.A.
7800 West Oakland Park Blvd, Building F, Suite 216
Sunrise, FL 33351
(954) 677-0155
https://www.injurylawservice.com/

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Important Things to Know About Construction Work Injuries https://www.injurylawservice.com/important-things-to-know-about-construction-work-injuries/ Thu, 25 Jan 2024 11:00:44 +0000 https://injurylawservice.com/?p=20451 Read More »]]> Construction work injuries can occur at any time of the year in South Florida, and jobs in this industry are often discussed as being among the most dangerous. Indeed, the US Bureau of Labor Statistics (BLS) underscores that the construction industry reports some of the highest nonfatal and fatal injuries every year, and the Occupational Safety and Health Administration (OSHA) indicates that nearly 50 percent of all deadly work-related injuries occurred in the construction and transportation industries. In 2020 alone, there were nearly 1,000 deaths in the construction industry.

If you were injured while doing construction work in Sunrise or elsewhere in South Florida, it is critical to know that you may be eligible for workers’ compensation benefits and that a Sunrise workers’ compensation attorney can help. In the meantime, the following are some of the most important things to know about construction work injuries and the Florida workers’ compensation system.

Many Types of Construction Work Injuries Are Compensable 

The construction industry involves many different types of job tasks, and workers engage in dangerous work-related actions that can result in serious and deadly injuries. As long as other requirements are met, any injury sustained in the course of performing construction work should be compensable through the Florida workers’ compensation system. Some of the most common types of injuries for which workers obtain compensation include the following:

  • Falls, including both falls from heights and slips and falls;
  • Struck-by injuries;
  • Caught-in or Caught-between injuries;
  • Vehicle-related injuries; and
  • Electrical injuries.

Workers’ Compensation System is a No-Fault System 

To be eligible for workers’ compensation benefits following a construction work injury (or in any other industry), you do not need to prove fault in order to receive compensation. The Florida workers’ compensation system is a no-fault system where a party’s negligence — a co-worker’s, supervisor’s, or even injured worker’s negligence — does not typically affect the case. Regardless of fault, the worker can usually recover compensation.

Your Construction Employer Must Have Workers’ Compensation Coverage 

While most employers in South Florida are only required to have workers’ compensation coverage if they have four or more employees, it is essential to know that the construction industry is treated differently. All construction industry employers must have workers’ compensation coverage under Florida law. It does not matter how the construction business is structured (as a limited liability company (LLC), partnership, or corporation, for example).

The Florida Administrative Code lists all trades that are “considered to be in the construction industry,” and it is important for injured workers to know if their employer is required to have coverage. Most likely, if you are doing construction work, your employer must have coverage.

Contact a Sunrise Workers’ Compensation Lawyer 

If you were injured while performing construction work in South Florida, or if a loved one was injured or killed while working for a construction industry employer, it is critical to get started on a workers’ compensation case. One of our experienced Sunrise workers’ compensation lawyers at the Law Offices of David M. Benenfeld, P.A. can begin working with you today to help you to seek the benefits you need. Contact us for assistance.

Sources:

bls.gov/spotlight/2022/workplace-injuries-and-job-requirements-for-construction-laborers/home.htm

osha.gov/data/commonstats

myfloridacfo.com/division/wc/employer/coverage-requirements

flrules.org/gateway/RuleNo.asp?id=69L-6.021

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Big Lots Worker Injuries https://www.injurylawservice.com/big-lots-worker-injuries/ Wed, 24 Jan 2024 11:00:50 +0000 https://injurylawservice.com/?p=20447 Read More »]]> Big Lots stores in South Florida employ workers in various retail capacities, as well as in corporate, transportation-related, and warehousing jobs. Big Lots starts as a closeout store, and it remains a discount retail chain in Florida and across the country. Regardless of the type of position a Big Lots employee has, they can sustain serious job-related injuries. When an injury occurs while a person is working for Big Lots, it is important to get started on a workers’ compensation claim. A Pompano Beach workers’ compensation lawyer at our firm can tell you more about Big Lots injuries and the initial steps you should take in order to be eligible for workers’ compensation benefits in South Florida.

Common Job Duties for Big Lots Employees 

To understand how employees get injured on the job while working for Big Lots, it is important to understand the various kinds of positions held by workers and their related job duties.

Employees who work in Big Lots retail stores have a wide range of tasks from managing cash registers to arranging and moving large products in the furniture and electronics sections, stocking shelves, interacting with customers, working with various household and health products, and more. Big Lots employees also work behind desks in corporate positions, transport goods, and warehousing duties that can involve packing and shipping products, receiving products, processing goods, and loading trucks.

Types of Work Injuries at Big Lots Stores 

At Big Lots, employees in the positions discussed above can sustain a wide range of injuries, from slip and fall injuries in an office or retail store environment to repetitive motion and overuse injuries among retail store and warehousing employees, to severe harm in transportation-related accidents for truck drivers. Common injuries include but are not limited to:

  • Brain injuries caused by falls and truck crashes;
  • Wrist and back injuries resulting from repetitive motions;
  • Back and neck injuries caused by overuse;
  • Cuts and lacerations caused by encounters with products or machinery, or in truck crashes; and
  • Broken bones caused by encounters with products or machinery, or in truck crashes.

Depending upon the type and severity of a workplace accident, a Big Lots employee could lose temporary or permanent use of a body part, in which case they may be eligible for additional disability compensation under Florida law.

Initial Steps to Take for Compensation 

Any work injury at a Big Lots store or while working for Big Lots should be reported to the employer (or supervisor) as soon as possible. Injuries must be reported within 30 days, with limited exceptions, for them to be compensable under the Florida workers’ compensation system.

Injured employees should also seek medical attention from an approved provider and should get in touch with a lawyer who can assist with their case.

Contact Our Pompano Beach Workers’ Compensation Attorneys 

Were you injured on the job while employed by a Big Lots store? You may be able to obtain workers’ compensation benefits to cover various losses you have experienced. One of the experienced Pompano Beach workers’ compensation lawyers at the Law Offices of David M. Benenfeld, P.A. can speak with you today about getting started on your workers’ compensation case.

Sources:

biglots.com/corporate/about-us/our-history

flsenate.gov/Laws/Statutes/2017/Chapter440

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ALDI Worker Injuries https://www.injurylawservice.com/aldi-worker-injuries/ Thu, 18 Jan 2024 11:00:23 +0000 https://injurylawservice.com/?p=20445 Read More »]]> ALDI grocery stores have become popular in Florida and throughout the country, and these retail chain stores in South Florida employ part-time high school workers and retirees in the state as well as full-time workers who rely wholly on ALDI employment. This grocery store chain actually started as a discount grocery retailer in Germany but soon opened stores in the United States. According to ALDI’s corporate website, the chain now has over 2,000 stores across the country and employs more than 25,000 people.

ALDI employs workers in a wide range of capacities at its grocery retail stores, as well as in store and divisional operations, warehousing, corporate offices, and information technology (IT) work. In any of these positions, an ALDI employee can sustain a workplace injury that may be compensable through the Florida workers’ compensation system. One of the experienced West Palm Beach workers’ compensation attorneys can tell you more.

Common Workplace Injuries in ALDI Grocery Stores 

In ALDI grocery store retail work, employees who work at the cashier, in stocking shelves, as baggers, in the deli and bakery, and in other capacities can suffer many different types of injuries that arise out of their employment. According to data from the Bureau of Labor Statistics (BLS), the following are among the most frequently cited work injuries among grocery store employees:

  • Cuts;
  • Lacerations;
  • Puncture wounds;
  • Back pain; and
  • Carpal tunnel syndrome.

How do these injuries usually happen? The BLS cites the following as common accidents or incidents:

  • Overexertion, including in heavy lifting;
  • Slips, trips, and falls;
  • Struck-by object incident; and
  • Struck-against object incident.

ALDI workers in corporate and IT positions, warehousing, and transportation can also sustain similar injuries and may be eligible for workers’ compensation in South Florida.

How to Obtain Workers’ Compensation Following an ALDI Workplace Injury 

What do you need to do in order to obtain workers’ compensation benefits after a workplace injury happens while you are working for ALDI? First, you should know that workers’ compensation in Florida is a no-fault system. As such, you do not need to prove that anyone was negligent in order to be eligible for compensation. Further, in a no-fault system, even if your own negligence played a role in causing your injury, you can still be eligible for compensation in most cases.

Take the following steps to initiate your workers’ compensation benefits:

  • Report your injury to your employer within 30 days at the latest from the day of your injury;
  • Get medical help from a provider who has been approved; and
  • Seek advice from a workers’ compensation attorney in South Florida who can assist you.

Contact Our West Palm Beach Workers’ Compensation Lawyers 

Grocery store workers are frequently injured on the job and eligible to receive workers’ compensation coverage. In South Florida, workers’ compensation includes medical coverage for care related to your workplace injury and treatment, and wage replacement benefits. Other benefits can also be available. To find out more about seeking workers’ compensation benefits, you should get in touch with an experienced West Palm Beach workers’ compensation lawyer at the Law Offices of David M. Benenfeld, P.A. as soon as possible. Contact us today to get started on your workers’ compensation claim.

Sources:

corporate.aldi.us/about-us/

bls.gov/opub/mlr/cwc/workplace-injuries-and-illnesses-in-grocery-stores.pdf

flsenate.gov/Laws/Statutes/2017/Chapter440

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Mall Worker Injuries https://www.injurylawservice.com/mall-worker-injuries/ Wed, 17 Jan 2024 11:00:55 +0000 https://injurylawservice.com/?p=20449 Read More »]]> Shopping malls first opened in the United States in the 1950s, and according to Business Insider, “by the 1980s, the mall had become the center of American social life and accounted for the bulk of retail sales.” Given that malls were the primary place that most Americans, and most Floridians, shopped, they also employed people in many different types of jobs. Workers were employed by individual stores, movie theaters, and restaurants in malls, as well as by the malls themselves to perform maintenance work, custodial work, and other similar jobs. While Business Insider underscores that the “rise of online shopping” and other factors have led to “the decline of the American mall,” there are still a number of malls in South Florida where people shop and work.

In the Fort Lauderdale area alone, the Galleria, Westfield Broward, Coral Ridge Mall, and the Gallery at Beach Place are all shopping malls or shopping centers where employees work, and where employees can get hurt on the job. Most mall workers can be eligible for workers’ compensation coverage when they sustain a work-related injury and meet other requirements under Florida law. An experienced Fort Lauderdale workers’ compensation attorney at our firm can provide you with additional information.

Common Injuries for Mall Workers 

Depending upon the type of retail store where a person works or the type of job they perform for a mall, it is possible to sustain many different kinds of injuries on the job. The following are some common types of accidents or circumstances in which a mall worker can get hurt:

  • Slip, trip, and fall accidents;
  • Falls from heights;
  • Struck-by accidents involving stocking and merchandise, or vehicles;
  • Cuts and lacerations from encounters with products;
  • Exposure to hazardous substances;
  • Repetitive motion injuries caused by repetitive tasks such as running a cash register;
  • Overuse injuries resulting from heavy lifting; and
  • Assault-related injuries caused by customers.

Determining Your Employer 

When you work at a mall in South Florida and suffer an injury, you will need to know who your employer is — and whether your employer is required to have workers’ compensation coverage — in order to seek compensation. Many mall workers are employed by individual retail stores, and the retail store will be required to have workers’ compensation. In some cases, a worker is employed directly by the mall, and the mall will likely be required to have workers’ compensation coverage.

In general, any employer with four or more employees in Florida must have coverage.

Report Your Injury and Seek Medical Care 

After a work injury at a mall or shopping center, report your injury to your employer immediately (but within 30 days maximum), and seek care from an approved health care provider.

Contact Our Fort Lauderdale Workers’ Compensation Attorneys 

Were you injured while working at a mall or shopping center in South Florida? It will be important to get in touch with an experienced Fort Lauderdale workers’ compensation lawyer at the Law Offices of David M. Benenfeld, P.A. who can help you to determine the steps you need to take in order to be eligible for workers’ compensation coverage. Do not hesitate to contact us for assistance with your workers’ compensation case.

Sources:

businessinsider.com/shopping-mall-rise-fall-timeline-1950s-to-today-2023-1#:~:text=By%20the%201980s%2C%20the%20mall,decline%20of%20the%20American%20mall

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html

myfloridacfo.com/division/wc/employer/coverage-requirements

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Stocking Injuries at Grocery and Big Box Stores https://www.injurylawservice.com/stocking-injuries-at-grocery-and-big-box-stores/ Thu, 11 Jan 2024 11:00:35 +0000 https://injurylawservice.com/?p=20442 Read More »]]> South Florida is full of grocery stores like Publix, Winn Dixie, and Whole Foods, as well as big box stores like Walmart and Target, where employees are hired primarily as stockers. While these jobs are often sought by part-time high school workers during the school year or over breaks, as well as by retirees in the area looking for part-time jobs, stocker job responsibilities can be demanding and dangerous. Even if an experienced stocker is working full-time in this capacity, they can be susceptible to serious on-the-job injuries, as well.

When a stocker at a retail store in South Florida sustains an injury, it is critical to get in touch with one of the Sunrise workers’ compensation attorneys at our firm for assistance. We can tell you more about the hazards associated with this type of job, and we can help you to seek the benefits you need in the aftermath of an injury.

Stockers and Stock Clerk Job Duties 

What kinds of jobs do stockers and stock clerks do that can put them at risk for an injury on the job? The following are common responsibilities for stockers and stock clerks at grocery stores, big box stores, and other retail outlets, according to Indeed.com:

  • Managing the conditions where products are received and stored in the warehouse;
  • Disposing trash and ensuring that the warehouse is cleaned and organized;
  • Receiving and unloading goods and merchandise into the warehouse as it is delivered;
  • Storing merchandise and goods appropriately in the warehouse;
  • Keeping track of inventory;
  • Transporting goods around the warehouse;
  • Moving merchandise from the warehouse into the retail store aisles and shelves;
  • Arranging and stocking merchandise on store shelves;
  • Cleaning the retail store or arranging for cleaning; and
  • Interacting with customers while performing tasks in the retail space.

Common Types of Injuries Impacting Stockers or Stock Clerks at Grocery and Big Box Stores

According to Indeed.com, the jobs of stockers or stock clerks also involve regular tasks with heavy machinery, which can lead to struck-by accidents, crush injuries, and serious falls. Other job tasks mentioned above can also lead to injuries like slips and falls, repetitive motion injuries, lifting injuries, and cuts and lacerations. Some of the most common injuries impacting stockers include but are not limited to:

  • Broken bones;
  • Sprains;
  • Strains;
  • Back injuries;
  • Neck injuries;
  • Traumatic brain injuries and other forms of head trauma;
  • Traumatic amputations;
  • Cuts or lacerations; and
  • Abrasions or contusions.

Contact a Sunrise Workers’ Compensation Attorney 

Stockers or stock clerks perform many different tasks at grocery stores and supermarkets, big box stores, and in other retail environments. While some job tasks are relatively straightforward and come with few injury risks, others can be dangerous. Whether you were injured in an unexpected slip and fall while walking between the store aisles and the warehouse or while receiving or moving merchandise, you may be eligible to seek workers’ compensation benefits in Florida. An experienced Sunrise workers’ compensation lawyer at the Law Offices of David M. Benenfeld, P.A. is here to speak with you about your work injury and to help you seek workers’ compensation benefits, which can include medical coverage, wage loss benefits, and more. Contact us today for assistance.

Sources:

indeed.com/hire/job-description/stocker

flsenate.gov/Laws/Statutes/2017/Chap

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The Fresh Market Employee Injuries https://www.injurylawservice.com/the-fresh-market-employee-injuries/ Wed, 10 Jan 2024 11:00:15 +0000 https://injurylawservice.com/?p=20439 Read More »]]> Grocery stores are popular places to work in Fort Lauderdale and throughout South Florida, but they can also be dangerous places to work. The Fresh Market is a chain supermarket in Fort Lauderdale where shoppers seek out “restaurant-quality meals, hand-picked produce, premium baked goods, fresh-cut flowers, custom-cut meats, and carefully curated offerings for holidays and special occasions,” according to the store’s website. Yet providing that kind of shopping experience for customers also means that employees work hard and are often subject to workplace hazards. With more than 161 different locations throughout the country, the Fresh market employs thousands of workers who get hurt while doing their jobs and while they are on the clock.

What should you do if you get injured while working for the Fresh Market in one of its retail stores in South Florida or while working in a management or corporate capacity? You may be able to obtain workers’ compensation benefits. Our Fort Lauderdale workers’ compensation attorneys can explain.

Learning More About Work and Injuries at the Fresh Market 

While grocery stories like the Fresh Market offer employees an opportunity to work in a retail store or for the chain that is routinely voted as the “Best Grocery Store in America” according to USA Today, employees can nonetheless be injured while working at the Fresh Market locations in Fort Lauderdale and throughout South Florida.

Like at other grocery stores, workers can sustain injuries in slips and falls while walking through the store, repetitive motion injuries while managing the cash register and stocking, overuse injuries like back and shoulder trauma while lifting heavy merchandise, cuts and lacerations while working in the deli, and burn injuries while working in the bakery. In management and corporate positions, employees of the Fresh Market can get hurt in slips and falls, and they can also suffer injuries due to repetitive motions, such as carpal tunnel syndrome.

Obtaining Workers’ Compensation Benefits After an Injury at the Fresh Market 

Whether you are a retail store floor worker or cashier, in management, or driving products for the Fresh Market, you may be eligible to obtain workers’ compensation coverage if you are injured on the job.

Under Florida law, for an injury to be compensable, it must arise out of your work. To be clear, you do not necessarily have to be engaged in a work task for an injury to be compensable. If you are walking to the restroom while working and you slip and fall, your injury may be compensable, for example. If your job requires you to perform work offsite, such as by driving products from a warehouse to a retail store, injuries in a truck crash while you are driving goods for the Fresh Market may be compensable. A workers’ compensation attorney can help.

Contact a Fort Lauderdale Workers’ Compensation Lawyer 

Were you injured while working for the Fresh Market or for another supermarket or grocery retailer in South Florida? You should contact one of the experienced Fort Lauderdale workers’ compensation lawyers at the Law Offices of David M. Benenfeld, P.A. to discuss your options. Our firm can assist you with the steps you need to take in order to receive workers’ compensation benefits, and we are here to help if you need assistance with an appeal.

Sources:

thefreshmarket.com/about-us

flsenate.gov/Laws/Statutes/2017/Chap

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Family Dollar Workplace Injuries https://www.injurylawservice.com/family-dollar-workplace-injuries/ Thu, 04 Jan 2024 13:00:33 +0000 https://injurylawservice.com/?p=20436 Read More »]]> Family Dollar stores in South Florida offer Floridians places to shop for discounted groceries, household necessities, and even apparel. Often, Family Dollar stores are the only nearby retail stores where individuals can shop for groceries and necessities, and these chains require workers to remain open for neighborhood shoppers. According to the Family Dollar and corporate Dollar Tree website (the same company owns the two chains), Family Dollars stores “are conveniently located in neighborhoods, and often in “food deserts” where other stores choose not to locate, providing a convenient, close-to-home option where customers can shop for essentials.”

When a work injury occurs at a Family Dollar store, it is important to seek advice from a Pompano Beach workers’ compensation attorney who can help. The sooner you get in touch with a lawyer, the sooner you may be able to obtain the benefits you need, including wage-replacement benefits while you recover from your workplace injury.

Various Work Injury Risks in Family Dollar Stores in Florida

Given that Family Dollar stores sell a wide range of products in a manner typical of neighborhood variety store chains, employees must work with a range of products and perform various services while at work. At Family Dollar stores, employees perform tasks similar to those of other grocery store workers, such as helping customers at the cash register, unloading products and stocking shelves, and cleaning up spills in grocery aisles. Yet they also work with a wide range of other products and assist many types of customers.

The following are common types of accidents and injuries that can impact Family Dollar employees:

  • Slip, trip, and fall injuries;
  • Repetitive motion injuries;
  • Overuse and lifting injuries;
  • Transportation-related accidents;
  • Warehousing injuries;
  • Stocking and shelving accidents;
  • Traumatic brain injuries, including concussions;
  • Back and shoulder injuries;
  • Broken bones;
  • Sprains and strains; and
  • Assault-related injuries (typically involving angry customers).

Steps to Seek Compensation for a Family Tree Work Injury 

What should you do after you sustain a work injury at a Family Dollar store in South Florida? Whether you get hurt at a Family Dollar or another type of variety store or supermarket, you should take the following steps in order to obtain workers’ compensation coverage:

  • Document the area or scene where your workplace accident occurred, including the cause of the injury — such as photos or videos of a liquid spill on an aisle floor where you slipped and fell, or images of boxes that fell while you were stocking shelves (do not worry if your injury is an occupational disease such that you do not have this kind of documentation, since medical evidence will be more important for this type of case);
  • Note the names of anyone who witnessed your workplace accident, including co-workers, supervisors, or even customers;
  • Report the injury to your supervisor (such as your manager) as soon as possible, but within 30 days at the very latest;
  • Obtain information about approved providers and seek medical attention from an approved provider; and
  • Get in touch with a Pompano Beach workers’ compensation attorney for assistance.

Contact Our Pompano Beach Workers’ Compensation Lawyers 

Whether you were injured at a Family Dollar store or another variety goods store or supermarket chain, you could be eligible to obtain workers’ compensation benefits. An experienced Pompano Beach workers’ compensation lawyer at the Law Offices of David M. Benenfeld, P.A. can talk with you today about your work injury and can help you to seek the benefits you need. Contact us today to discuss your workers’ compensation claim.

Sources:

corporate.dollartree.com/about/our-brands/family-dollar

flsenate.gov/Laws/Statutes/2017/Chap

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