Prosper Shaked is a personal injury lawyer for individuals who have suffered catastrophic injuries at a manufacturing plant, warehouse or other industrial settings. Prosper fights property owners and companies to help victims of negligent injuries get compensation to cover their medical expenses, lost wages, and pain and suffering. For help with your case, call our law offices to set up a free legal consultation.
Damages for Injuries on the Job at an Industrial or Warehouse Facility
If you were injured in an accident, you may be entitled to seek damages for your injury from the responsible parties. In the case of injuries sustained at work, a personal injury lawyer can help you understand what your case might be worth, including the potential value of damages for medical bills, lost wages, and pain and suffering.
Damages in a personal injury case should cover all expenses and costs you suffered because of the accident. If the accident had never occurred, you would not have had to pay for things like medical expenses and ambulance rides; you would never have missed work; and you would never have suffered the pain that goes along with your injuries. These are the three primary damages that most injury victims claim, but you can also claim any other losses you face because of the accident.
Damages for medical bills typically cover the cost of any medical care, which can include the cost of emergency medical transportation and surgeries, and ongoing care costs such as doctor’s visits and physical therapy. If your injury is severe and you need intensive nursing care, these damages should also be paid by the parties responsible for your injuries.
If you missed work during your recovery, the at-fault parties should pay you back for any missed wages. If you are a college student, you may not currently work, but you likely will in the future. If this injury interfered with your future ability to work by causing you a permanent injury, a disability, or an injury that leads to physical restrictions, you can claim damages for lost earning capacity as well.
Damages for pain and suffering are often difficult to understand at first, but your attorney can guide you through how much compensation you should receive. More severe types of injuries often yield higher pain and suffering damages, but these damages are available for all ranges of injuries. Unlike medical bills and lost wages, these damages cannot be proven with financial records and documentation and are often decided based on your testimony.
Filing a Worker’s Compensation Claim or Personal Injury Lawsuit
An employee may be able to file a worker’s compensation claim in order to fully recover damages for their injury. Personal injuries sustained in the workplace can range from slips and falls, loss of hearing, cuts and lacerations, machine entanglement, inhalation of toxic fumes, electrocution, assault, repetitive motion injuries, and overexertion. An employee will have to notify their employers less than 30 days after the injury, receive necessary medical treatment, and file a claim within two years of the injury.
A worker’s compensation claim can cover the cost of lost wages, vocational rehabilitation, temporary or permanent disability, and medical benefits. However, if the employee’s injury can be attributed to gross misconduct or negligence on the part of a third party, the employee can file a personal injury lawsuit in addition to a workers’ compensation claim.
If an employee can prove that their injuries are a direct result of a third party’s breach of a duty to maintain a safe working condition, then the third party may be found liable for the injuries. This means that an employee will need to prove that the employer should have known that a particular action was certain to result in injury or death and did nothing about it. This can be difficult to prove, which is why seeking and retaining counsel is recommended.
Some employers have worker’s compensation insurance, which prevents employees from suing for workers’ compensation (unless the conditions in the workplace were egregiously unsafe or the injury was deliberately caused by someone else). If an employee is blocked from suing their employer for worker’s compensation, then they may be able to file a personal injury lawsuit instead. A personal injury lawsuit can also seek damages for things not included in a workers’ compensation policy, which includes pain and suffering, emotional distress, and mental distress.
Injured employees are advised to fully document everything about their accident in pursuit of establishing the elements of the case. They should write down every detail they can recall, get the contact information of witnesses to the accident, and take pictures of injuries as they develop.
Injured employees should note that the state of Florida has a statute of limitations lasting four years for personal injury lawsuits related to workplace accidents. An employee who has been injured on the job is given four years to file a personal injury claim, starting on the date of the accident. A wrongful death lawsuit filed can be filed within two years of the death.
Call Our Miami Injury Attorneys for a Free Legal Consultation
If you or a loved one was hurt on the job, contact Prosper Shaked today. Prosper Shaked represents victims of accidental injuries, including those that occurred at an industrial or warehouse facility. To schedule a free consultation and discuss your case, call our law offices today at (305) 694-2676.