Suffering from an amputation caused by a workplace accident is an emotionally and physically devastating experience. It goes to show that life can change in an instant, and victims of workplace amputations must quickly learn how to cope with their loss and inevitably live without a limb or extremity. Construction sites, factories, and warehouses are common industries that see this type of injury because of the heavy machinery and powerful equipment they use. Workplace amputations could be prevented if a reasonable standard of care was exercised at the work site.
The psychological blow that victims experience when they lose a limb or extremity can feel overwhelming. After suffering from this type of injury, it is easy to become engulfed in feelings of hopelessness and anxiety over paying medical bills and getting back to work. In some cases, victims cannot function as efficiently as they once did or they cannot return to work at all. If you or someone you love have suffered from an amputation caused by a workplace accident, you may be entitled to compensation for your injuries. Prosper Shaked Accident Injury Attorneys PA can provide you with aggressive representation by an experienced Miami workplace amputation lawyer who will fight to get you the compensation you deserve.
Worker’s Compensation and Workplace Injuries in Miami, FL
Trying to obtain compensation for workplace injuries can be a confusing and tedious process. Florida law mandates that all construction companies with one or more employees provide them with worker’s compensation insurance. All non-construction industries with four or more employees must do the same. Injuries suffered on the job are covered under worker’s compensation insurance, and thus, employees who receive these benefits cannot file a personal injury claim against their employers.
Third-Party Liability Claim
For liability purposes, third parties are individuals who do not work directly for an injured party’s employer. If an injured employee proves that a third party was responsible for a workplace amputation injury, the employee may file a personal injury suit against that person. Examples of third parties in this type of lawsuit are:
- Property site owners
- Equipment and machinery manufacturers
- Drivers who crash into your car while you are in the scope of employment
- General contractors if you are working for a subcontractor
In order to collect damages for injuries attributable to the careless or reckless conduct of a third party, an employee must file a personal injury lawsuit based on a theory of negligence. There are three essential elements that a plaintiff must show so that he or she can succeed on a negligence theory:
- The third party owed a legal duty of care to the plaintiff;
- The third party breached the legal duty of care; and
- As a result of the breach, the plaintiff suffered damages
Compensation for Workplace Amputation Injuries
Amputations are among the most severe injuries that an individual can suffer from as a result of workplace accidents. The financial, emotional, and physical losses can cause a person to feel hopeless and depressed. A vital step in the financial recovery process is retaining a skilled personal injury attorney as soon as possible.
There are two types of damages that an employee can recover in a personal injury claim for negligence: compensatory and punitive. Compensatory damages are awarded to make a plaintiff “whole.” Some examples of compensatory damages are:
- Present and future medical expenses
- Present and future lost earnings
- Vocational rehabilitation
- Household services
- Loss of enjoyment
- Loss of consortium
- Pain and suffering
- Emotional distress
Punitive damages are awarded when a court finds that a defendant’s behavior was so egregious or outrageous that it shocks the conscience. The purpose of punitive damages is to make an example out of a defendant in an effort to deter others from committing similar acts in the future. Florida has a cap on the amount of punitive damages that can be awarded in a personal injury lawsuit. A plaintiff may recover three times the amount of compensatory damages awarded or $500,000, whichever is greater.
It should be noted that any compensation or other benefits that an employee receives as compensation from a third-party tortfeasor will be offset by compensation benefits received outside of recovery for attendance, remedial care, and treatment.
Call Miami Workplace Amputation Lawyer Prosper Shaked Today
If you or someone you love have suffered an amputation caused by a workplace injury, call a personal injury attorney right away. Losing a limb or extremity is a tragic loss that takes time to cope with and heal from. You may be feeling overwhelmed with medical bills and wondering if or when you will be able to return to work. Let a Miami personal injury attorney at the Law Offices of Prosper Shaked handle your legal woes so that you can focus on healing. Call the Law Offices of Prosper Shaked today at (305) 694-2676 to schedule a free and confidential consultation with a Miami workplace amputation lawyer you can trust.