The trial was divided in half and two separate juries were sequestered to decide two different issues. The first issue was whether or not Jacob’s Engineering breached its duty of care to its workers. The jury returned a verdict in favor of the plaintiffs saying that the company did, in fact, breach their duty of care. A second trial will decide whether or not the coal ash is or is not responsible for the illnesses they’re facing.

What Illnesses are the Workers Facing?

The workers allege that Jacob’s Engineering exposed them to coal ash containing several known carcinogens. According to the plaintiffs, the coal ash spill was disturbed by the wind. More than 200 workers have filed claims against the company. They have reported a number of different illnesses, including various cancers of the blood, brain, skin, and lungs.

Jacobs, on the other hand, is claiming that they managed the cleanup in accord with the law and current regulations at the time of the incident. The first part of the lawsuit, however, found otherwise. Now, the plaintiffs are left to prove that their illnesses are related to the cleanup.

Proving What Caused Your Cancer

No one will ever be able to say, to a medical certainty, that one event resulted in an individual patient’s cancer. What medical experts know is that certain chemicals, some of which are found in nature, have a propensity to increase the likelihood that a cancer will form. That may seem like a bar to ever alleging such and such chemical caused someone’s cancer. On the other hand, the jury doesn’t need to be medically certain that the lapse in safety measures exposed the plaintiffs to carcinogens, they just need to rule that it is more likely than not.

In this case, there were other symptoms as well and they began immediately after the workers were exposed to the ash. These included skin lesions. Forty of the workers who worked the site have died of cancer. According to one plaintiff, the entire job was done in five years with many workers working 12-hour shifts. To have done the job properly, he claims, the cleanup would have taken 25 years.

The foreman on the job testified that a Jacobs safety manager ordered his workers to take their masks off “because it looked bad.” Jacobs denies this allegation and maintains that the EPA has classified coal ash as nonhazardous. However, an independent analysis of the coal ash found at the site revealed that it contained several hazardous substances including radioactive ones and heavy metals.

Talk to a Miami Personal Injury Attorney Today

If you’ve been injured by a toxic substance, the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. can file a claim on your behalf. Talk to us today for a free consultation.

Resource:

miamiherald.com/news/article234459687.html

https://www.goldfarbpa.com/toxic-waste-lawsuit-allowed-to-move-forward/

In 2017, Hill began working as a “sorter” in an Amazon warehouse. Six months into his employment, he injured his back due to the repetitive stress of lifting heavy packages. Afterward, the warehouse was closed for five days during hurricane Irma. When Hill returned to work, he informed his managers about the injury, which persisted through that period and still causing him pain. Instead of filing a workers’ comp claim, Hill said his managers summarily fired him.

In addition, the manager to whom he made the complaint allegedly he said he did not have the paperwork to file the complaint and asked Hill to describe the incident in writing on a piece of notebook paper. But he also told Hill that he was “too young to have back problems.”

Further, the complaint alleges that Hill attempted to see a doctor to whom he was referred by his managers, but when he got there, the doctor indicated that he was not authorized to see him.

Hill is filing a lawsuit against the Amazon outlet for $15,000 for back pay, emotional distress, and punitive damages.

Filing a Lawsuit Outside of Workers’ Compensation Benefits

Contrary to popular belief, there are instances in which an employee can recover damages directly from their employer for an injury. Most believe that workers’ comp is the only way to recover damages, but strictly speaking, that’s not true. There is a time and a place in which an employee or former employee can sue their employer directly for injuries that they sustained on the job.

In this case, Hill was able to sue his employer for not following the correct protocol of a workers’ comp claim. An employee is obliged to report the injury within 30 days. The employer must, in turn, submit their claim within seven days. The employee should get some indication that the claim was processed thereafter. Because Hill’s manager never submitted the claim, he was able to sue Amazon directly.

In other instances, employers in Florida enjoy immunity against personal injury lawsuits. A few examples where their immunity is waived include:

• When an employer, by act of malice, injures one of their employees
• When the employer fails to carry workers’ comp insurance
• When the injury involved a toxic substance or a defective product
• When an employee was injured by the negligence of someone who was not either their employer or a co-worker

Contact a Miami Personal Injury Attorney

When employer negligence is to blame, there may be some instances under which you can sue your employer. Talk to Alan Goldfarb in Miami or give our office a call for a free consultation.

Resource:

theguardian.com/technology/2018/jul/30/accidents-at-amazon-workers-left-to-suffer-after-warehouse-injuries

Overview of Respondeat Superior

An employer can be held liable for the negligent harms inflicted by an employee if those harms occur within the scope of the employee’s work duties. This liability extends to the employer through a legal doctrine known as respondeat superior. In effect, the employee is an extension of the employer when they are operating a company-owned vehicle and engaged in work-related tasks.

Scope of Employment Critical

Many companies try to circumvent liability in these cases by asserting the employee was not operating within their scope of employment when the collision occurred. They may try to find evidence that the employee was using the company vehicle to run a personal errand or was operating the vehicle outside regular work hours.

Courts have cited the following factors that are considered when analyzing a claim of respondeat superior and a defense that the employee was operating outside the scope of their employment:

• When the accident occurred (e.g., was it at 11am during the work week, or at 3am on the weekend?);
• The specific job description and type of job duties the employee is responsible for;
• Where the employee was traveling at the time of the accident; and
• The policy for using the company vehicle that was in place when the wreck occurred.

Employer Likely to Put Up a Fight In These Types of Cases

Do not be surprised if an employer rebuffs any efforts to resolve an injury claim involving a negligent employee via settlement. Employers are often willing to litigate these claims, especially if the financial restitution sought is large due to the fact that the claimant suffered a debilitating bodily injury like a head wound, spinal cord damage, nerve damage, broken bones, and/or torn ligaments.

This is why it makes sense to hire an experienced and skilled Miami auto accident lawyer to fight for you. Lawyers are ready and prepared to hold a negligent employer accountable and will take immediate action to investigate the collision, obtain vital evidence, and file the necessary legal paperwork. In most cases, your lawyer can file a claim with the employer’s insurance company and deal with a claims adjuster rather than dealing with a supervisor or manager within the actual company. This can oftentimes help expedite the settlement process.

Contact a Miami Auto Accident Attorney Right Now

Do not delay in taking legal action. There is a statute of limitations that applies to all civil actions in Florida and across the country. Waiting to hire an attorney only exposes you to the risk of missing this important statutory deadline. Contact the experienced Miami car accident attorneys at the office of Alan Goldfarb, P.A. today to schedule a free case review.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Index&Title_Request=XXXVII

No Negligence Showing Necessary in Workers’ Compensation Claims

In personal injury claims, the injured party (i.e. the plaintiff) is legally required to establish that the defendant was negligent in their actions, or inaction, and that negligence proximately caused their injuries. If you cannot establish, by a preponderance of the evidence, that the defendant was negligent, then you will be unable to recover through a personal injury claim. In workers’ compensation claims, the situation is quite different. No showing of negligence is required. This means if you are hurt on the job, you are not required to allege that your employer was careless or reckless in some manner. However, in exchange for not having to establish negligence, claimants under Florida’s workers’ compensation system are prohibited from pursuing pain and suffering damages. No such prohibition exists for personal injury claims, which means there is potential for a higher total amount recovered through the claim.

More Flexibility in Medical Treatment for Personal Injury Claims

If you are injured in an accident and are considering a personal injury claim, you have the ability to see whichever doctor or medical professional you prefer. The cost of medical care is generally covered by your health insurance and personal injury protection coverage in your auto insurance policy (if you were hurt in a car wreck). Conversely, if you file a claim through workers’ compensation, you will automatically receive medical benefits. The drawback is that your employer and their insurer has a say in who you can see for medical treatment.

Trial by Jury

In a personal injury case, if your lawyer cannot obtain a reasonable and fair settlement from the insurance company, they can file a lawsuit and you can go to trial. This right is not available in workers’ compensation cases. Instead, workers’ compensation disputes are generally resolved through mediation and hearings, but not with a jury.

Statute of Limitations Longer for Personal Injury Claims

If you are injured in an accident and want to file a personal injury lawsuit, you have four years from the date of the accident. If you want to file a workers’ compensation claim, you have half the time. Yes, you only have two years from the date of the accident to file a workers’ compensation claim. This is why it is important to discuss the timeframe of the accident and when you or a loved one was harmed with an experienced attorney.

Contact Our Miami Personal Injury Attorneys Today

As you can see, there are important distinctions between personal injury and workers’ compensation claims. If you were seriously injured in an accident, it makes sense to sit down with a lawyer to discuss the best path forward. The law firm of Alan Goldfarb, P.A. in Miami is here to help. Contact our office today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/0440.html

The Fatal Four

Construction work is inherently dangerous; in fact, one out of every five deaths suffered by workers claims the life of someone in the construction industry. Out of all the types of fatal accidents, falls are one of the most common causes of death among construction contractors. In 2014, this category alone accounted for seventeen percent of all fatalities among all workers. Falls are one of the four categories that make up what is known as the Fatal Four, which lead to more than sixty percent of all construction worker deaths. Besides falls, electrocutions, being struck by an object, and being caught in or between something round out the top four categories of construction worker deaths.

Scaffolding Statistics

Working on scaffolding is a common activity in the construction industry, and well over half of all construction workers find themselves performing this kind of activity as a regular part of their workday. Preventing accidents associated with this activity by providing better training or safer work conditions would doubtlessly save thousands of injuries and needless deaths. In many, if not most, workplace accidents that occur while working on scaffolding, the worker is injured either as a result of the scaffolding support giving out, after slipping from the scaffolding, or by a falling object striking them.

Workers’ Compensation, Personal Injury Matter, Or Wrongful Death Action?

While employers are required to provide workers’ compensation to those injured on the job while performing their job functions, this may not be the best option for those who have themselves suffered a workplace accident or who have lost a loved one in this manner. Depending upon the circumstances of your case, you may be able to achieve a better result by filing a lawsuit for personal injury or pursuing a wrongful death action. Speaking with an attorney experienced in construction accidents is the best way to know all of your options and which is best for you.

Have You Been Injured In A Construction Accident? Contact Alan Goldfarb, P.A.

If you or a loved one has been injured in a construction site accident, you are entitled to receive compensation for your injuries. Whether you need money for your medical bills, to replace wages from lost time from work, or even for pain and suffering stemming from the accident, the legal professionals at the office of Alan Goldfarb, P.A. can help you to receive everything you are entitled to. Our Miami attorneys will work with you to review the facts of your case and help you decide the best way to work towards getting the best possible results. Contact us now to set up your initial consultation today.

Resources:

osha.gov/SLTC/scaffolding/construction.html

osha.gov/oshstats/commonstats.html

local10.com/news/construction-worker-falls-off-scaffolding-at-south-beach-condo

Not Your Typical Workplace Accident

Though this incident occurred while the construction worker was on the jobsite, it is much different from the typical types of construction site accidents that injure workers. Construction work is one of the most dangerous types of work, and each year a significant percentage of workplace injuries are suffered in the construction field. The possibilities for accidents and injuries in this line of work are nearly endless; working around heavy equipment, on uneven surfaces, in precarious situations – it does not take much for an accident to happen and injury to strike. The most common types of accidents that occur in the construction industry fall into a wide range of categories but, according to the United States Department of Labor Occupational Safety and Health Administration (OSHA), more than sixty percent of all construction worker deaths were the result of the Fatal Four:

• Falls – Accidents involving falls due to uneven work surfaces, human error, or not using the proper safety equipment are the cause of the highest numbers of construction site deaths. Falling from heights off scaffolding or ladders presents a frequent accident scenario that can cause severe injury or death.
• Electrocutions – Workers often work on sites that are in all stages of construction and frequently need to exercise care around live wires and power sources.
• Struck by objects – Whether from equipment, objects falling from scaffolding or ladders overhead, or errant construction materials, workers are constantly in potential harm’s way just in the course of doing their job.
• Stuck in between – Workers face the risk of falling into collapsed trenches or being caught in or compressed by equipment, any of which can cause catastrophic injuries.

OSHA states that many of these types of accidents could be avoided with stricter adherence to safety standards and that hundreds of lives could be saved each year by eliminating these Fatal Four.

Legal Help With Construction Site Accidents

When accidents occur at the workplace, the office Alan Goldfarb, P.A. is ready to help. Our Miami construction accident attorneys have helped victims just like you recover for their losses and we are ready to help you do the same. You have rights under the law when you have been injured on the job, but you must take action quickly to protect those rights and pursue the relief you are entitled to receive. Do not delay – contact us now to allow us to help you get started today on the road to recovery.

Florida Workers’ Compensation insurance and Dog Bite Injuries

Letter carries, delivery personnel and other employees who must enter private property or enter a home as part of their job have an “implied invitation” to enter properties. An employee who is legally on the premises and working within their scope of work and bitten by a dog may submit a claim for workers’ compensation benefits. Under Florida law, worker’s compensation insurance will replace lost wages and cover medical expenses for an employee bitten by a dog at work, as long as the employer does not own the dog. Letter carriers may also want to consider pursuing a personal injury claim against the dog owner for their injury. A third-party personal injury claim may also provide an injured letter carrier with compensation for pain and suffering and other noneconomic losses not covered by workers’ compensation.

Dog Bite Injury Liability and Exceptions

Under Florida law an owner is most likely to be held liable if their dog bites a letter carrier or delivery person. However, the degree of their liability will vary depending on the circumstances. Under Florida’s dog bite laws, if a dog attacks a person in a public or private place the owner may be responsible for any damage the dog caused. This is true even if the owner did not have prior knowledge that their animal would bite. There are a few exceptions to this rule in Florida. The victim’s own negligence will be taken into account when determining damages under the following conditions:

• the dog is provoked, or
• the if the bite occurs on the owner’s property; and
• an easily readable dangerous dog sign was posted on the property.

Contact an Attorney

Letter carriers and delivery personnel can sustain devastating physical, emotional and financial losses after a dog bite. A dog bite injury can cause serious injuries that result in permanent scarring and end careers. In fact, even a mild bite may end a letter carrier’s career. A letter carrier bitten in Florida may be entitled to damages which include current and future medical costs, lost wages, emotional distress and pain and suffering. If you are a letter carrier or delivery person and you were bitten by a dog, then you should contact the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. We can help you figure out if you have a basis for a personal injury claim. Please contact us to discuss your case.

Burn Injury Causes

Burns occur when skin is exposed to extreme heat sources such as steam, fire, hot oil or hot water. Some burns are minor and can be handled at home. Workplace burns are also common and happen in restaurant kitchens, factories and metal processing plants. A burn can happen in any work environment where there is exposure to high levels of heat, hazardous materials or electrical equipment. Some cause of workplace burn injuries include:

• Smoke inhalation,
• Electrical burns,
• Exposure to industrial chemicals,
• Scalding,
• Over exposure to x-ray,
• Overexposure to UV rays,
• Chemical plant explosions,
• Defective products, and
• Factory fires.

Workers’ Compensation

If you sustain a burn injury at work, then you may be eligible to file a workers’ compensation claim. Workers’ compensation is a type of insurance that provides employees injured at work with coverage for medical expenses. Workers’ compensation also helps replace wages lost while an employee recovers from injuries.

Third Party Legal Claims

Unfortunately, workers’ compensation insurance does not offer payment for all expenses related to a burn injury. Workers’ compensation will provide you with coverage for losses such as disfigurement and long-term disability. You may be able to seek recovery for injuries not covered by workers’ compensation by initiating legal action against a third party. Additionally, through a third party legal claim, you maybe able to determine whether your injuries were the result of the negligent or reckless conduct of another party. A burn injury attorney will guide you through the process and may file a claim against another person or entity, such as a product manufacturer or chemical transplant company, to seek damages that would fill in the gap between your workers’ compensation payments and insurance.

Burn Injury Victims Deserve Compensation

Burn injuries leave victims with physical and psychological scars. Recovery from a burn injury may require years of physical and psychological therapy. There may also be expenses related to recovery that insurance does not consider (e.g. special equipment). The burn victim should not pay these unexpected costs. In the case of a fatal burn injury the victim’s family should be fairly compensated for their loss.

If you have suffered at burn injury while working, then contact the Miami burn injury lawyers at our firm. Our burn injury attorneys will use their experience to help you that you and ensure you are fairly compensated for your injury. Please contact us or call Alan Goldfarb, P.A. at (305) 371-3111 to discuss your case.

So what can a construction worker from the Miami area do if they are injured on the job? Well there are several avenues of recovery that an injured construction worker can rely on – depending on the injury. Below is a short overview of the most common ways for an injured worker to be compensated.

Workers’ compensation replaced the traditional mode of recovery for injured workers in Florida by statute. In most injury cases the construction worker will not necessarily be able to sue his employer and recover for his injuries, even if the employer acted negligently. Under Florida law, each employer is required to carry workers’ compensation insurance. That insurance is how on-the-job accidents are paid for. There is an online service where workers can check and make sure their employers are paying for that insurance. The insurance is supposed to pay the injured worker for medical costs, lost wages, and impairment benefits that accrue due to the injury.

Products liability is another avenue of recovery from which a worker may be able to recover. When products fail for whatever reason and cause injury to the user, several people or organizations may be liable for the injuries caused. For example, the manufacturer of the product, the distributor, wholesale company, and retail company may all face liability for a defective product. Workers’ compensation is not designed to affect or replace product liability claims.

As every Miami area construction worker knows, construction workers use many dangerous tools, which, if defective, can cause serious harm. There are power tools, ladders, scaffolding, chemicals, and others that all pose a risk if they are defective. Successfully pursuing a products liability case requires professional skill with detailed knowledge of the technical aspects of the defective product.

Wrongful death lawsuits are always tragic, but necessary to hold the responsible party liable and to ensure the survivors do not suffer additional consequences of the wrongful death. Because workers’ compensation is involved in any worksite accident, the issues involved in a wrongful death suit are highly complex. Under Florida law there are caps on how much workers’ compensation will pay for a wrongful death on the job, but a suit can be leveled against the employer in certain circumstances to pay for all the damages that result. For example, if the worker was working in highly dangerous and unsafe conditions, the worker’s family may be able to file a wrongful death case.

Conclusion

Miami area construction accidents can be very complex, and involve people an injured worker may not suspect. That is why it is so important to have an attorney on your side. The attorneys at Alan Goldfarb P.A. have the experience and professionalism that each construction accident victim deserves.

Negligent hiring or negligent retention are two ways for injured victims to recover from companies when a company’s employee does something intentionally to cause harm. Companies never want to pay these claims because, according to them, they are not responsible for the intentional, criminal acts of their employees. At most, according to the majority of companies, they can only be held responsible for the negligent behavior of their employees while their employees are on the job.

But the law recognizes a different standard than that. The standard for a negligent hiring case is one where if a company should have known that its employee had a propensity for committing an intentional and hurtful act while on the job, then they should not have been hired. Similarly, if a company later finds out that their employee has the propensity to hurt members of the public while on the job, and refuses to fire that employee, they would be responsible under a theory of negligent retention.

Florida Statutes 768.096 and other Laws

The theories of negligent hiring and retention, as discussed above, are derived from common law principles. And in addition to those common law principles, Florida’s legislature has passed its own specific laws dealing with negligent hiring and retention. Perhaps due to the liability companies face, Florida has given employers a presumption that they did not negligently hire an employee if the company conducts a satisfactory background check prior to hiring. A sufficient background check includes:

• Conducting a background check with Florida’s Department of Law Enforcement;
• Taking reasonable steps to contact former employers, co-workers, and contacts of the potential employee;
• Ensuring that the potential employee fills out a job application that addresses issues of the employee’s past crimes, intentional torts, and other related issues;
• Reviewing the potential employee’s driving record should the employee be driving on the job; and
• Conducting an appropriate job interview with the potential employee.

If a company takes these steps during the hiring process it gives a company added protection from negligent hiring suits. But not taking these steps removes the protection entirely. In either case, to be successful, a plaintiff must show that the employer should have known better than to hire or keep a dangerous employee.

Examples of Negligent Hiring

There are many scenarios where a theory of negligent hiring comes into play. One is where a company sends its employee with a criminal record to its customers’ homes to make deliveries, and the employee subsequently steals from or otherwise injures the customers. Another typical case is one wherein the employee is a driver for the company, has a poor driving record, and gets into an accident. In both cases, it can be argued that the company should have known better than to put said employees into such situations. And in both cases the victims could recover from the companies for their losses.

Contact Us Today

If you are the victim of an injury in the Miami area, have your case evaluated by a personal injury attorney who has the experience and knowledge needed to fight for you. The Miami attorneys at Alan Goldfarb P.A. are ready to fight for you in your case today.