Gainesville Industrial Accident Lawyers
Industrial jobs are among the most hazardous occupations in the country. An industrial facility can expose workers to many safety risks. The Occupational Safety and Health Act (OSHA) regulates working conditions in industry, but these accidents still occur even with safety precautions in place. Jobs that include working with chemicals, heavy machinery, and toxic fumes will always be dangerous and pose a risk.
Industrial accidents that cause worker injuries can be serious and life-altering. Many industrial accidents happen because the employer has failed to provide a safe working environment.
You will not pay anything upfront for us to begin work on your claim. In fact, you owe us nothing unless we recover money in your case.
Poorly maintained facilities, equipment, and machinery can pose dangers. In addition, inadequately trained employees and unsafe practices contribute to the possibility of these types of accidents.
When an industrial accident has harmed you, it is important to contact an attorney who is experienced in handling industrial accident cases. At Fine, Farkash & Parlapiano P.A., our experienced lawyers aggressively advocate for workers who are injured in industrial accidents.
Call us or contact us online now for a free claim analysis and advice about your best legal options.
Common Causes ofIndustrial Accidents in Florida
The following are examples of some of the most common causes of industrial accidents:
Defective Machinery or Equipment.
Any machinery or equipment that is used on the job needs to be inspected routinely to ensure that it is working correctly. Repairing broken machinery or equipment can stop a potential work hazard from happening. Some equipment may have been defectively designed or manufactured. In such cases, the manufacturer may be responsible for resulting accidents.
Repetitive Motion Injuries.
These injuries occur in employees who repeat the same task over and over, such as factory workers who use the same motions for assembling products. If breaks and stretches are not done on a regular basis, injuries will most likely happen. Carpal tunnel syndrome is an example of this.
Every company should have a safety manual that outlines potentially toxic chemicals that can be found in the work environment and procedures for protection. Workers should be informed about safety precautions when handling or working with dangerous chemicals. Education and training can prevent industrial accidents that occur due to hazardous chemicals.
Workers should prepare for extreme temperatures when working outside. Precautions should be taken against injuries that can happen in extreme weather conditions. If employees work in a climate that is extremely cold or extremely hot, they are at risk. If employees are working in extremely hot weather that is common in Florida, it is important to wear clothing that cools the body, stay hydrated with water, and take frequent breaks.
Lack of Protection.
Employees face serious injuries in the workplace by not wearing protective gear such as safety shoes, goggles, hard hats, ear muffs or ear plugs, and safety gloves.
Industrial accidents can occur because the employee was not properly supervised while performing tasks on the job. If supervision is conducted by experienced personnel, many accidents may be stopped before an injury takes place.
Lack of Proper Training.
Workers need to get adequate training on various risks and hazards in the workplace environment. This includes training on identifying potentially dangerous situations, keeping up with equipment maintenance, learning about the proper storage and use of chemicals, wearing protective gear, and other safety cautions regarding the specific industry. Supervisors should take employees through safety training for their job duties as well as routine training.
Lack of Safety Program in the Workplace.
The Occupational Health and Safety Administration (OSHA) has developed a safety program that is intended to help workers and companies avoid industrial accidents. A company can decrease the number of accidents that occur by setting up a workplace safety program that employees can follow to prevent injuries or illnesses.
Who Is Responsible for an Industrial Accident Injury?
Industrial accidents most frequently occur at a work site, such as a factory or a construction site. The category of industrial accidents ranges from a worker on a floor to huge environmental disasters that can affect a vast population of people. They can occur due to negligence on the part of the employer, manufacturer, general contractor, or landowner, among others.
A typical workplace injury does not allow the employee to file a personal injury lawsuit against the employer. Workers are limited to filing for workers’ compensation benefits. However, the employer may be liable for excess damages in a personal injury lawsuit if there was deliberate intention on the part of the employer to produce the accident and cause injury or death.
Product or Equipment Manufacturers.
Industrial accidents can happen due to faulty equipment or defective products made by manufacturers. If the defective product was flawed in the design, manufactured negligently, or did not include proper warnings, the manufacturer of that equipment or product could be held responsible for the injured party’s damages.
Property or Landowners.
In some cases, workers perform their jobs on various work sites and properties. These claims apply to both business and property owners who have a duty to keep their premises safe so that workers are not injured. If a business or landowner neglects to provide a safe environment for employees working on their property, they can be found liable. These accidents can include unsafe conditions on premises, machinery or equipment that is not properly secured, slip-and-fall accidents, moving objects, falling objects or debris that is on site, as well as liability for criminal acts of third parties.
General Contractors and Subcontractors.
Any subcontractors brought on site by the general contractor are also responsible for ensuring job safety and following proper regulations designated by OSHA. However, the general contractor is still responsible if these subcontractors are injured due to unsafe working conditions or negligence on the part of the person in charge.
How a Lawyer Can Help with a Florida Industrial Accident Claim
When you are injured, you not only face pain and suffering from your injury, but emotional and financial stress that is brought on by medical expenses and lost income. If your injury is severe and debilitating, you may never return to work again. You may face a lifetime of treatment, surgeries, therapy, and rehabilitation, and the medical expenses can be astronomical.
A devastating injury can lead to serious financial hardship which you and your family should not deal with alone. You need experienced attorneys who will guide you through this difficult process.
Industrial accident cases are often complicated. It takes a deep knowledge of the law to understand who is liable for what and how much compensation to ask for. Trying to handle a lawsuit of this complexity on your own, while simultaneously trying to recover from your injuries, is unlikely to turn out well.
When you hire the law firm of Fine, Farkash & Parlapiano, P.A., for legal representation, our lawyers will do whatever it takes to help you obtain the compensation that you deserve for your injuries. Our lawyers have over 100 years of combined experience in workers’ compensation and personal injury law helping clients in Gainesville, Alachua County, and throughout Florida.
Common Industrial Accident Injuries
Industrial accidents can cause catastrophic injuries such as brain injury, amputation of limbs, electrocution, broken bones, or other injuries that require surgeries and expensive medical treatment.
Some of the most common types of injuries include:
- Shocks and burns
- Lacerations and cuts
- Amputations of limbs, fingers, or toes
- Loss of hearing from the loud noises
- Eye injuries, including impairment of vision or blindness
- Broken bones and fractures
- Neck, shoulder or back injuries
- Spinal cord injury, including paralysis
- Illnesses caused by exposure to toxic chemicals
- Head and brain injuries
Compensation for Losses in an Industrial Accident in Florida
Depending on the specifics of your case, you may be eligible for different kinds of compensation. There are two main types of claims you might pursue after an industrial accident:
- Workers’ Compensation Claims. Employees who are injured on the job in an industrial accident are typically entitled to workers’ compensation benefits regardless of who was at fault. These benefits cover all related medical bills and partial wage replacement for time lost from work. In some instances, the insurance company may deny the claim and argue that the injury did not happen during the course of employment. In other cases, the insurer may attempt to reduce the amount of the claim or determine that certain medical treatment is not needed or excessive. When workers’ compensation claims are in danger of being reduced or denied, you need counsel from an experienced workers’ compensation attorney to help defend your claim.
- Third-Party Claims. A claim for damages against a third party depends on several factors. A subcontractor or supplier may have been negligent in handling installation of parts, or the company may have defective products or equipment made by a negligent manufacturer, for example. A manufacturer could be liable for damages caused by defects or dangerous properties of the product. An injured worker might be able to claim damages based on premises liability, which holds the owner of land liable for damages caused by dangerous conditions on the property.
Whatever the circumstances, to prove negligence, several factors need to be in place. The injured party must show that the third party owed some duty of care to the injured person and breached it. The person who was injured must also prove that the third party’s breach caused the accident, and that the accident caused their injuries.
Third party cases can vary. For example, if a subcontractor was injured on the job, the company will not pay the subcontractor worker’s compensation since they are not a direct employee. However, the sub-contractor could file a claim against the company’s liability insurance policy to cover medical expenses and damages.
Companies, manufacturers, and their insurance companies have teams of lawyers to justify the denial of claims in these types of circumstances. It is important for injured victims to seek legal representations to protect their rights.
How Long Do You Have to File an Industrial Accident Claim in Florida?
If you are filing a personal injury claim relating to an industrial accident, the statute of limitations restricts the amount of time that you are permitted to file a lawsuit.
Under the Florida statutes of limitations, injured victims have two years from the date of the injury to file a personal injury lawsuit. The state law has a few narrow exceptions to the four-year limit.