Millions of Floridians go to work each day with the legitimate expectation that they will be able to work in safe environments which do not have any known dangers. However, workplaces, like any other environment, can have hidden and visible conditions which present a threat to the workforce staff. Here are some considerations regarding workplace safety that you need to know:
Ordinarily, when an employee is injured on the job their sole recourse is to file a worker’s compensation claim. However, there are situations where an injured employee can pursue other compensation for their injuries.
- When a worker suffers an injury as a result of contact with toxic substances in their work environment, they may be able to recover damages from the manufacturer of the substance and those whose safety equipment failed to protect them while they were in contact with the material.
- While some industrial environments are known to have toxic chemicals present, such hazards are not generally expected to be in standard office environments. However, work buildings can have a host of such problems as excessive mold and unclean ventilation systems. Further, buildings constructed before 1970 could have toxic materials such as radium, lead paint, asbestos, and mercury inside the construction materials. A party who is injured by these and other environmental conditions may be able to pursue damages.
Third Party Claims
Another possible basis for a personal injury claim is if a third party caused your workplace injury. Examples of these situations include:
- When a defective product harms a worker; or
- Injuries caused by another employee, a subcontractor, or another person in your work area.
Filing a Personal Injury Claim Against your Employer
· If you are injured at work, your employer does not have Workers’ Compensation you are permitted to file a personal injury claim to seek compensation for your damages related to your employer’s negligence.
· Florida’s Worker’s Compensation statute provides that when an employer commits an intentional tort which causes the death of or injury to an employee, the employee may be able to seek damages if the employee can show the employer meant to harm the employee or knew of danger which was “virtually certain” to harm the employee and did not warn them. What this means is that if you are injured because of your employer’s intentional actions toward you, you can file a personal injury claim seeking compensation for your damages. This does not extend to workplace safety issues such as uneven carpeting or poor lighting.
Work with Draper Law Office to Pursue your Personal Injury Claim
If you have been injured at work because of another party’s negligence, you could be entitled to compensation for your damages. To properly evaluate your case contact Draper Law Office online or by calling (866) 767-4711 to set up your initial consultation in our office.