Machinery Accident Attorney in Brandon, Florida
There are some jobs that will require you to take a significant amount of risk in order to carry them out. A common example is when your job requires you to use a manufacturing plant or heavy machinery.
You will frequently be exposed to dangerous potential dangers in order to perform your duties effectively. But specific questions need to be answered. What will happen if you will get involved in a machinery accident? What are your legal remedies? Do you need to seek legal advice from a machinery accident attorney in Brandon, Florida?
Why Do I Need a Machinery Accident Attorney in Brandon, Florida?
Accidents can happen anytime and anywhere; the sad part is you cannot foresee them. Whenever this happens to you or your loved one, you need to contact an experienced Machinery Accident Attorney in Brandon, Florida. The experienced, competent, and passionate workers’ compensation attorneys of Golden Injury Attorneys can provide you with the prompt and effective legal advice you deserve.
We are committed to assisting every client in obtaining the necessary compensation by personalizing our legal services. Do not hesitate to schedule a free consultation today if you need legal help!
All About Machinery Accidents in Brandon, Florida
Most Common Types of Machinery Injuries in Florida
Machinery accidents have occurred in Florida for a variety of causes, and they can result in a wide range of injuries. The Bureau of Labor Statistics (BLS) confirms this. The most common types of injuries are caused by faulty or unsafe machinery:
- Soft Tissue Injuries
- Cuts, Bruises, and Scrapes
- Muscle Sprains
- Broken and Fractured bones
- Rib, Chest, Jaw, and Pelvic Damage
- Crushed Larynx/Trachea
- Catastrophic Injuries
- Brain Injury
- Broken Neck
- Traumatic Brain Injuries (TBI)
- Permanent Sensory Damage (Hearing, Vision, etc.)
- Severe Burns
If your work requires you to use heavy machines, a single mistake on anybody’s part can result in a severe injury. There would be no second chances in high-risk works like these. Thus, it is crucial to act carefully in every undertaking.
Common Machinery Types Involved in Injuries and Accidents
Certain types of machinery in Brandon, Florida are classified as risky, or, in other words, are frequently linked to machinery accidents. The following machines are frequently mentioned in catastrophic injury instances:
- Excavators; and
- Pallet jacks.
There are numerous other kinds of machinery that pose severe risks that have not been mentioned. Suppose you or someone you know has been injured in a machinery accident, contact an experienced machinery accident attorney in Brandon. In that case, Florida can certainly help you in avoiding the constraints of getting workers’ compensation.
Possible Causes of Machinery Accidents
The regulation of workplaces to make sure that contractors are safe from hazards or unsafe conditions falls under the duty of the Occupational Safety and Health Administration (OSHA). Despite the great supervision of the latter and strict compliance with safety protocols, machinery accidents still happen. In most cases, machinery accidents happen because they are caused by various negligent acts, such as but not limited to:
- Improperly repaired or faulty equipment
- Improper operation of machines
- Distracted operation of machines
- Unable to properly examine and maintain the pieces of equipment
- Using the wrong type of machine for a project
- Pedestrians not complying with safety protocols
- Qualified supervisors are not present
Regardless as to what caused your injuries, the experienced machinery accident attorneys in Brandon, Florida from Golden Injury Attorneys are here to help you. We are experienced in this practice area and dedicated to assisting you to obtain the just compensation you need.
Third-Party Lawsuits and Machinery Injuries in Florida Workplaces
When a machinery injury happens in Brandon, Florida, the system of workers’ compensation puts the remedy exclusively on the accident victim. The workers’ compensation law of Florida provides that an injury caused to another person by machinery at work does not necessitate showing proof that a coworker or employer was negligent to obtain just compensation.
Even if, for the sake of argument, it is the contributory negligence of the injured party which caused the injury, he or she can still get compensated. To have the system of workers’ compensation in a no-fault system means the injured victim is not allowed to file a lawsuit against a coworker or employer for negligence.
No-fault System Exceptions
It is worthwhile to note, however, that there are exceptions to these rules. Specifically, when the damage sustained by the victim was due to a malfunctioned machine, the latter can legally file a third-party lawsuit against the manufacturer of the machine. Essentially, if it is a manufacturer’s defect, the injured worker can file a lawsuit for product liability to seek medical expenses.
What Should I Do if I Am Injured in a Machinery Accident?
- Immediately Report the Incident to Authorities. First things first, when you suffer a drastic injury from a machinery accident, you should immediately report it. Don’t get intimidated by the possibility of your employer pursuing legal action against you. It is your guaranteed right to file an accident report to get fair compensation for the injuries you sustained.
- Search for Possible Witnesses in the Area. After reporting the case, the next thing you should do is try searching for possible witnesses. To look for this, gather the names of everyone in the area where the accident happened. You will need them more than you think. Make sure to collect their names.
- Seek Medical Care. After obtaining the list of possible witnesses, you should immediately seek medical care to start your recovery. Never forget to also gather every medical record from therapists, doctors, or anyone who treated you so you can show proof in court whenever it is needed.
Recovering Machinery Accidents Compensation and Benefits
Your legal options will always depend on the background and facts of your workers’ comp or personal injury case. Generally, accident victims can have:
Workers Comp Claim
Florida law on workers compensation mandates employers to have no-fault insurance, which gives employees recovery benefits such as medical care, medication needs, therapy services, wage supplementation, and so on. The benefits you can get from workers’ compensation can be given to workers who get injured on the job, regardless of who caused such injuries. However, one should keep in mind that the filing process for workers’ comp is complex. They can be denied, or delayed, and the scrutiny is quite long.
Insurance Coverage for Employees
The law also provides insurance coverage for employees. This guarantees that you can obtain financing for medical bills, disability payments, lost wages, and other things. In order to get compensated, it is important to remember that one should be performing his/her duties on site. Moreover, it is also required by law that one should file the report to their employer within 30 days from the day that the injury takes place. It is highly advisable to contact your healthcare provider to know the nature and extent of your injury. After their confirmation, you are most likely qualified for:
- Disability benefits
- Selective wage replacement
- Complete coverage of medical care
- Death benefits
Personal Injury Claim
As pointed out, it is not required to prove who caused the injury in workers’ comp cases. However, the injured client can legally file a personal injury case when he or she can establish who caused the injury or who was negligent; when the employer does not have workers’ compensation from any insurance companies; or when the machine was defective and exposed to harmful and toxic chemicals.
Filing a Claim with a Machinery Accident Attorney
The law firm of Golden Injury Attorneys can thoroughly review the background and facts of your circumstance, whether it is a workers’ comp or personal injury case, and provide an effective solution to give justice to your injuries. While personal injury cases may require more time and effort, it cannot be denied that they can give higher compensation depending on the type of injury. Hence, if you or someone you know has been suffering from a severe injury at work that has resulted in permanent disability, calling us for legal assistance is a wise step.
Who Is Eligible to File for Workers Compensation Claim for Machinery Accidents in Florida?
Every employee can legally file a workers’ compensation claim when they suffer injuries from machinery accidents. Employees are allowed to ask for just compensation in these cases since it is their constitutional and statutory guaranteed rights. It is crucial, however, to still seek legal advice from a trusted machinery accident attorney in Brandon, Florida.
An excellent workers’ compensation attorney knows how insurance agencies use tactics to deny or delay your compensation. They will use the most suitable legal strategies to assist you in securing a fair settlement. The workers who can file a workers’ compensation claim for machinery accidents are as follows:
- Operators of heavy types of equipment
- Forklift operators
- Warehouse employees
- Factory workers
- Foremen and supervisors
- Assembly line employees
- Construction workers
Who Can Be Held Liable for Your Injuries?
Contractors, as well as supervisors, are duty bound to abide by the rules set forth by OSHA when working on a project on a building site. If either of them failed to follow such rules, the company could be legally held liable for the injury. This includes, but is not limited to:
- Site owners
- Equipment manufacturers
If you observe that your construction work is unsafe in terms of machinery use, you may submit an anonymous report to OSHA and request that they conduct a surprise inspection. It is worthwhile to keep in mind that employers are not allowed to terminate their employees for submitting a report.
Call our Machinery Accident Attorney in Brandon, Florida Now!
Working with various types of machinery also exposes you to a lot of the possible injuries mentioned in this article. Aside from the fact that your health is at stake, the entire process of a workers’ compensation claim is complicated to understand. If you or someone you know has been injured by using machinery at work, you can legally file a workers’ compensation lawsuit with the help of an experienced machinery accident attorney in Brandon, Florida.
Here at Golden Injury Attorneys, we handle every case with a significant amount of care and empathy. We have been practicing personal injury, social security, and workers’ compensation for many years in Florida. We are dedicated to providing comprehensive counsel, personalized service, timeliness, and cautious legal services. If you or someone you know is interested in any of our expertise, set up a free consultation today!