Miami-Dade County has been rated one of the fastest growing markets for construction for several years now, largely due to the building boom in Downtown Miami and Brickell. While this is great for the local economy there are also some risks. Recently an elevated construction boom struck a Metromover rail car in Downtown Miami, killing a construction worker and injuring another. Luckily, no passengers were on the Metromover at the time because it was late and the car was doing a maintenance run.
While that fatal collision was preventable it is unfortunately not uncommon, particularly in cities with a lot of ongoing construction. The Occupational Safety and Health Administration (OSHA) reports that there are over 4500 workplace fatalities each year; nearly all of them preventable. In fact, OSHA estimates about 150 worker deaths per day, meaning by the time you finish reading this article, someone will have lost their life at work. An even greater number of people are seriously injured at work, resulting in over a million incidents every year serious enough to require time away from work to recover.
Immediately after a serious injury or the death of a loved one, the farthest thing from most family’s minds is a lawsuit. While no lawsuit can reverse injuries or bring back a lost loved one, it may be worth consulting with an attorney for a legal remedy for the workplace incident later on. Your employer may face legal liability for negligence if you are injured at work. Even for incidents where the injury resulted from an employee’s own behavior or carelessness, the employer can still be held responsible for their employees safety while on company time or company property. Employers can also be responsible for incidents that occur away from the workplace such as during work travel or at a training event.
Because of various state laws and worker’s compensation laws, lawsuits for workplace injuries and deaths are complicated and difficult to navigate. After a workplace death, the two major types of cases brought forward are wrongful death claims and survivor claims. Wrongful death claims are brought by close relatives who sue for the harm they suffer from losing that person in their life, such as loss of love, quality of life, and emotional or financial support. Survivor actions are brought by close relatives on behalf of the fatally injured person, so that the person or business responsible does not get out of the legal consequences of their negligence just because that person has died. Injuries are most often covered by workers compensation laws. Worker’s compensation laws usually prevent employees from suing their employers by requiring that workers be compensated for injuries out of an insurance fund– but typically for an amount less than would be awarded in a lawsuit. However, there are some options available for families that find limited recovery through workers compensation laws, by finding other responsible parties to the incident, such as subcontractors.
Anyone looking for a legal solution for their workplace injury or workplace death of a loved one should consult with an attorney who has experience in workplace injuries and accidents. If this is you, the experienced personal injury lawyers at Friedland | Carmona are ready and eager to assist you immediately. Having a lawyer familiar with this area of law and experienced in handling all types of cases can make all the difference in the outcome of your claim.
The South Florida personal injury attorneys at the Friedland | Carmona handle all types of negligence, product liability, personal injury, negligent security, slip/trip and fall, and car accident cases throughout the state of Florida, including Boca Raton, Homestead, North Miami, South Miami, Miami Beach, Coral Gables, Pembroke Pines, Hialeah, Kendall, Aventura, Fort Lauderdale, and Palm Beach. The Friedland | Carmona handles all types of personal injury cases, including dog bites, wrongful death, defective products, medical malpractice, slip and falls, negligent and reckless drivers, and automobile and motorcycle accidents. Call the Miami personal injury attorneys today and let our family take care of your family.