Know your rights if you are injured while working in Florida
Our attorneys are noticing recently that while more and more people are getting injured while on the job, fewer are provided any workers’ compensation. In the State of Florida, an employer is required to provide workers’ compensation benefits to its employees in almost every circumstance. Employees of a private employer in which more than four employees are employed by the same employer are to be provided workers’ compensation under the law. An employee of a private construction company will be provided workers’ compensation no matter how many employees are employed. Employees of the State of Florida and all of its political subdivisions are to be provided workers compensation no matter how large the agency as well.
The laws of Florida are intended to ensure that if a person becomes injured while working for a qualified employer, they will be provided adequate medical attention and compensation. These laws, no doubt, ensure a healthy and protected work force in the State. Unfortunately, our attorneys have noticed a recent trend where many employees are becoming injured while working and are being denied workers’ compensation benefits.
Know your rights if you are injured while working in Florida
If you are injured while on the job in the State of Florida and your employer is refusing to provide you with workers’ compensation, call the attorneys at the Law Office of Dell and Schaefer immediately. If you employer is not exempt from providing workers’ compensation and refuses to do so, they can be sued directly. Our attorneys will review each case independently to ensure that your employer is following the law. If your employer is violating the law by refusing to provide workers’ compensation, our attorneys will make a claim against your employer and protect your rights. No employer should be allowed to violate the law and get away with it. We will ensure that proper compensation is sought on your behalf.
Lawsuits against employers
In the State of Florida, if an employer is not exempt from providing workers’ compensation and refuses to do so, they can be sued directly. Any employer who fails to comply with the law will also be prevented from utilizing many defenses typically reserved for those being sued. For example, the law of comparative negligence allows a Defendant to ask a jury to place a percentage of fault on the Plaintiff, thus limiting the Plaintiff’s recovery. The jury may find the Plaintiff was comparatively negligent for his or her own injuries thereby reducing the Plaintiff’s damage reward.
Another defense typically reserved by Defendants in negligence actions is the defense of “assumption of risk.” Basically, a Defendant can argue that the Plaintiff assumed the risk of their actions, thus limiting the possibility of recovery. However, in the event that an employer fails to provide workers’ compensation when required to do so under the law, that employer no longer has the ability to utilize the defenses previously mentioned. They will not be able to ask a jury to place a percentage of fault on the Plaintiff. They also will not be able to argue that the Plaintiff assumed the risk of their actions. An employer who fails to provide workers compensation when required to do so under the law will also be prevented from blaming a particular employee’s injury on another employee.
If you get injured while on the job, call the Law Offices of Dell and Schaefer
If you are injured while on the job and feel that you are not adequately being compensated, call the injury attorneys at the Law Office of Dell and Schaefer. Our attorneys will review each case independently in order to determine whether your employer is violating the laws of the State of Florida. If you employer is not abiding by the workers’ compensation laws, our attorneys will ensure that your rights are protected and will take every possible action provided under the law to ensure that you are adequately compensated for your injuries.
