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.

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.

Failure to ensure state and federal laws and other safety regulations are complied with may cause serious injury at a work site. In 2012, 55 of 209 reported work-related deaths in Florida were the result of construction-work accidents. Nearly half of the 209 deaths were transportation-related; the others involved falls, slips, or contact with dangerous equipment.

Certain state and federal regulations such as the Occupational Safety and Health Administration (OSHA) aim to protect workers’ rights and safety. Private organizations such as Safety Alliance for Excellence also strive to maintain workplace safety in Florida. The Safety Alliance points to inexperience, disorganization, and lack of communication as some of the predominant reasons for construction-related accidents in Florida. Regardless of how careful a worker is, they cannot control the actions of those around them, or the safety of their equipment.

Construction Accidents and You

If you or someone you know has been involved in a construction accident or any work-related accident, you may be entitled to compensation for your injuries and financial losses. The first thing to do if you are in a work-related accident is to report it to your employer immediately. You may be entitled to workers’ compensation benefits – a type of insurance that most employers are required to have to ensure the safety of their employees. This type of insurance may pay up to two-thirds of your salary in the event you are severely injured at work. This type of insurance has strict reporting requirements and may even require you to visit certain doctors before benefits can be paid out to you and your family. Your individual workplace may have additional requirements besides those mandated by state and federal law.

If the injury was due to your employer’s failure to take adequate safety precautions or if there was a defective piece of equipment provided by a manufacturer, it may be a better legal option to bring suit against them for negligence. This type of action would be against your employer or supervisors directly, or even the companies that put you in the position to use defective equipment. This is one of many legal options you may pursue in the event of a workplace injury.

There are many legal remedies an injured employee has and many avenues such a person can take. Speaking to knowledgeable attorneys in the construction injury area of law can greatly improve your chances of recovery, increase the amount of your monetary award, and ensure you have nothing to worry about except getting back on your feet. Our experienced Miami work injury lawyers have nearly half a century of experience in dealing with OSHA safety violations, product defects, and negligence at the workplace. At Alan Goldfarb, P.A. you can rest assured that you have experience and passion on your side, and that we will work hard to get you the best possible result. Do not hesitate to contact our Miami-based offices today to learn more about your legal rights if you have been in a work-related accident.