Workplace safety is a critical concern for both employers and employees. In Florida, the laws governing workplace safety and workers compensation are detailed and specific. This blog post will examine the impact of workplace safety violations on workers compensation claims in our state, and how a Boca Raton workers comp attorney can assist.
Understanding Workplace Safety Violations
Workplace safety violations are alarmingly common. Each year, the U.S. Occupational Safety and Health Administration (OSHA) publishes a list of the “top 10 most frequently cited standards.” These standards address various job-related hazards, including respiratory protection, eye and face protection, fall protection, ladder safety, scaffolding safety, forklift safety, controlling hazardous energy sources, machine guarding, employee training, and hazard communication in the workplace.
Not all hazardous work conditions are reflective of safety violations. Employers are not expected to address all potential hazards. However, they are expected to address many different types of safety risks in these and other work environments, and they have obligations to protect their workers under both state and federal law.
Workers Compensation System in Florida
In Florida, workers’ compensation covers job-related injuries from all causes. It is not necessary to prove that your employer committed a safety violation in order to receive benefits. However, proving a safety violation can help to avoid any questions as to whether your injury is truly work-related.
To claim benefits under Florida’s workers compensation laws, you must report the accident within 30 days. You may also need to see a doctor who has been pre-approved by your employer.
The Impact of Safety Violations on Workers Comp Claims
In most cases, employees who suffer injuries due to workplace safety violations will be entitled to receive workers compensation benefits. However, a safety violation may provide grounds for an employee to sue his or her employer instead of filing a claim for workers compensation benefits.
Under Florida law, an employee can sue his or her employer when the company, “engage[s] in conduct that the employer knew, based on prior similar accidents or on explicit warnings specifically identifying a known danger, was virtually certain to result in injury or death to the employee.”
The Importance of Legal Representation in Workers Compensation Claims
When dealing with workers compensation claims, especially those involving workplace safety violations, it is often beneficial to seek legal representation. An experienced Boca Raton workers compensation attorney can help navigate the complexities of Florida’s laws and ensure that your rights are protected.
An attorney can assist in several ways:
- Claim Filing: An attorney can help ensure that your claim is filed correctly and within the required time frame. This includes gathering necessary medical records and other evidence, completing all required paperwork, and submitting the claim to the appropriate parties.
- Claim Denials: If your claim is denied, an attorney can help you understand the reasons for the denial and guide you through the appeals process.
- Settlement Negotiations: If your employer or their insurance company offers a settlement, an attorney can help you evaluate the offer and negotiate a fair settlement.
- Lawsuit Representation: In cases where a safety violation was egregious, an attorney can represent you in a lawsuit against your employer.
Reach Out to a Boca Raton Workers Comp Lawyer!
Workplace safety violations can have a significant impact on workers compensation claims in Florida. Understanding the legal aspects of these violations and how they affect compensation claims is crucial for both employers and employees. It is always advisable to consult with a legal professional at Work Injury Rights to understand your rights and obligations under Florida law.
Contact us today at 954-324-COMP for a free consultation.
