South Florida Injury Lawyers Blog

According to recent statistics from the Florida Department of Economic Opportunity, the unemployment rate in the state for March dropped from 9.4 to 9.0. This decrease serves as the largest monthly drop in the last 20 years.

We saw a drop similar to this one only back in 1992, according to Governor Rick Scott. In the month of March, the state of Florida added nearly 11,000 jobs and more than 100,000 private sectors jobs have been created since Scott took office. With more people back at work, risks for an on-the-job injury in Parkland and elsewhere are much, much higher.

“The largest monthly unemployment rate decline in 20 years is a milestone all Floridians can celebrate. This news comes on the heels of significant steps taken this week to make Florida the best state in the nation to live and do business," said Scott.

Our Parkland injury attorneys understand that the unemployment rate in the state is dropping much faster than the national rate. While this means that Florida's economy is recovering, it also means that more people are back at work and risks for accidents are growing. As we plow through the month of May, students throughout the state will be let out of school for summer break and will also be hitting the job market. During this time, parents and guardians are asked to speak with the young workers in their family to make sure that they know what they're up against, what to expect and what their rights are on the job. Education helps to fuel a safe work environment and helps to keep employees safe.

Child Labor Laws, according to the Florida Department of Business and Professional Regulation, for children ages 16- and 17-years-old:

-May not work during school hours.

-Are allowed to work only 30 hours a week while school is in session.

-Cannot work before 6:30 a.m. and may not work later than 11:00 p.m.

-Are only allowed to work 8 hours a day when school is scheduled on the following day.

-May work any number of hours when school does not follow the work day.

-Have no limitation on hours work while school is not in session.

-Cannot work more than 6 days in a row.

-Cannot work more than 4 hours in a row without at least a 30 minutes break.

It is important to talk with your teen worker about the dangers that can be found on the job. Urge them to speak up if they witness a hazard on the job that could result in an accident or an injury. Workers have a right to speak up about safety concerns and are encouraged to do so.

Employees are reminded that they are required to comply with child labor laws as well as occupational health and safety regulations that apply to their business. They're to assess and eliminate all dangers and hazards not only for teen workers, but for all workers on the site. Employers are also required to train teen employees to use safe work practices, recognize hazards and prepare for emergencies. Lastly, employers are to assure that teen workers are appropriately supervised at all times.

Continue reading "Risks for Work Accidents in Parkland and Elsewhere Spike and Unemployment Drops" »

In a recent statement, U.S. Department of Labor Secretary Hilda L. Solis expressed concern about the number of workers being injured in the health care and social assistance industry. West Palm Beach injury lawyers know that healthcare professionals play a vital role in our state due to the number of older adults needing long-term care and other injured patients in need of medical attention overall.

Much concern is placed on the safety and protection of construction workers as well, as we frequently post about on our South Florida Injury Lawyers Blog. Not enough is being done to keep these workers sheltered from fall accidents and other work-related injuries to the eyes, hands, arms and various other parts of the body. Employers in any industry have an obligation to protect workers and keep work environments safe and hazard-free.

We know that as the economy bounces back and jobs become more readily available, many industries will see an increase in work-related injuries and deaths in Port St. Lucie, Deerfield Beach and statewide. If you suffer an injury at work, make it a priority to be advised of your rights so you can receive the compensation you deserve.

In recent information released by the Bureau of Labor Statistics (BLS) for Florida, 2010 workplace fatalities reached an annual low since deaths first started being recorded in 1992. The preliminary low total of occupational deaths in Florida for 2010 was 215 compared to the high total of 422 recorded in 2004. The sector which includes trade, utilities and transportation reported the most work deaths at 52, with construction not far behind at 40 deaths recorded in 2010. Workers exposed to harmful environments and substances resulted in 12 fatalities on the job. The majority of work deaths were wage and salary workers in 2010 with the leading cause being transportation accidents. Assaults and violence was the leading cause of death for self-employed workers who comprised less than 15 percent of total workplace deaths in Florida.

According to the recent Workplace Illness and Injury report from BLS, private industry employers reported almost 3.1 million cases of nonfatal workplace injuries and illnesses in 2010, which equates to roughly 3.5 cases per 100 full-time workers. The 2010 illness and injury statistics presented very little improvement from the 3.6 cases per 100 full-time workers reported in 2009. Over half of the injury and illness cases reported nationwide in 2010 were serious enough to require days off from work, restricted duty or a transfer to another job.

The private construction industry sector reported 4 cases per 100 full-time workers in 2010 nationwide compared to the health care and social assistance industry reporting 5.2 cases of illness and injury per 100 full-time workers.

Injury and illness at work estimates are available for 42 states but will not be released until sometime in November.

Continue reading "West Palm Beach Work Illnesses and Injuries Often Occur in Health Care and Construction Industries" »

Fort Lauderdale Fire Rescue recently responded to a call reporting that a landscaper had fallen off of his 20-foot ladder while working on a home on the 600 block of North Victoria Park Road. The man sustained serious injuries during the fall and was transported to Broward General Medical Center, according to the Orlando Sentinel. He was reportedly knocked unconscious when he made the 20-foot drop to the ground below.

According to Fort Lauderdale police, there was a power line located just 6 feet from the tree the man was trimming. Officials spotted a pruner attached to an aluminum pole. Officials believe that the power line was the cause of an explosion and the Fort Lauderdale work accident.

Our Broward injury lawyers understand that lawn maintenance is not only a paid job for some, but a necessity for many. With the beautiful weather year round, yard work, gardening and other outdoor activities are very popular. Workers and residents are urged to be extremely careful when working near powerlines. Always take the proper safety measures to help keep you safe when working at height.

Safety tips for yard work, provided by Alliance: An OSHA Cooperative Program:

-Use mechanical lifting machines to lift heavy objects. Attempting to lift heavy things up yourself can result in serious, permanent and costly injuries to your neck, back and shoulders.

-If you think something weighs more than 50 pounds, ask for help.

-Exercise. Stretch before tackling yard work. Stretching helps to loosen your muscles and to reduce your risks of injury,

-Take breaks often, especially during our hot Florida afternoons.

-Make sure your familiar with the mowing equipment that you'll be operating. You should be aware of the safety features, the capacity and the characteristics of the machinery.

-Make sure that all areas are prepared in advance. Be sure to move all dangerous objects off of the property before starting work.

-Always wear the proper footwear and protective gear when working in a yard.

-Keep hydrated. It's hot out there and landscapers are highly susceptible to hear stress if the proper safety precautions are not taken. Drink plenty of water and take plenty of breaks in the shade.

-Don't be afraid to ask questions. When you get a new piece of machinery, don't be afraid to ask your boss or a store employee about safety tips regarding the use of the product.

-Do not rush. It's better to not finish the job than to finish quickly and increase your risks of injury.

-Be careful when landscaping around swimming pools. Always cover pools before starting.

According to recent statistics from emergency room and hospital records that were compiled from 1996 to 2004, nearly 663,500 people were taken to the emergency room because of lawn mower accidents. Another 12,000 people were admitted into a hospital for the same incidents.

Mowing hazards are also very common when landscaping. Injuries oftentimes result as cuts, burns and fractured toes. Men landed in the hospital five times more than women during landscaping accidents that involved a lawnmower.

All landscaping employees and residents who enjoy working in the yard are encouraged to be safe. Employers are to ensure that employees are provided with the proper equipment for the job, the proper training for the equipment and the proper safety gear to protect them from possible dangers on the job.

Continue reading "Landscaper Falls from Ladder in Fort Lauderdale Work Accident" »

A worker recently lost his hand in a construction accident in Palm Beach, according to The Palm Beach Post. West Palm Beach Fire Rescue isn't sure exactly how the accident happened. Details have not been released.

The worker was transported, with his hand in a cooler, to St. Mary's Medical Center. He was first taken by private transport but was later picked up by paramedics.

Our workers compensation attorneys in Port St. Lucie, Fellsmere and Fort Pierce understand that our construction workers are at a high risk for serious work-related accidents if the proper safety precautions are not taken by employees and employers.

Federal regulations require that potential work hazards be addressed before an accident can occur. However, third-party liability can result in a personal injury lawsuit as well. Third-party liability refers to an additional party's involvement in the accident, excluding you or your employer. In these cases, employees cannot sue their employer but are able to go after a subcontractor that contributed to the hazard that caused your injury. If you were involved in a work-related accident, it is critical for you to contact an attorney to help to ensure that you receive the maximum compensation from the deserving party for your injuries.

According to preliminary data released by the National Census of Fatal Occupational Injuries, there was very little variation in the disbursement of the number of work-related deaths from 2009 to 2010. In 2010, there were more than 4,500 workers killed from work-related injuries.

"No worker should have to sacrifice his or her life to earn a living," says Secretary of Labor Hilda L. Solis.

According to the U.S. Department of Labor, about 12 workers die on the job each day. Since 1970, when the Occupational Safety and Health Act was passed, approximately 14,000 workers died from work-related accidents.

As our economy recovers and more residents head back into the work force, on-the-job injuries and fatalities are expected to increase as well.

The 2010 Census of Fatal Occupational Injuries concluded the following:

-The number of work-related deaths among individuals who were self-employed declined a little more than 5 percent. Less than 1,000 people died throughout the year.

-The private mining industry experienced an increase in fatal work accidents of nearly 75 percent from 2009 to 2010.

-Fires contributed to more than 100 work-related fatalities. This illustrated the highest occurrence since 2003.

-Workplace homicides increased among women by nearly 15 percent.

-Police officers witnessed a 40 percent increase in the number of on-the-job deaths. In 2010, more than 130 officers died on duty.

Injuries in the private construction sector have declined by 10 percent from 2009 to 2010. Experts believe that this is because less workers were employed in this industry during the downturn in the economy. Even though the industry experienced a decrease in the number of fatalities from 2009 to 2010, construction worker fatalities still accounted for more work-related injuries than any other industry. As the economy continues to recover, the number of employees grows and the number of hours worked increases, work-related injuries are expected to increase.

Continue reading "Worker Loses Hand in Palm Beach Work Accident" »

The U.S. Department of Labor's Occupational Safety and Health Administration and the independent Occupational Safety and Health Review Commission have held Wal-Mart Stores Inc. to the full sentence and citation for inadequate crowd management.

The incident at issue was the November 2008 death of a worker who was trampled by a crowd at one of the company's New York locations.

Our Fort Lauderdale premise liability lawyers understand that companies have an obligation to the safety and welfare of workers, customers and guests.

As we previously discussed in our South Florida Injury Lawyers Blog, it is important to contact an experienced attorney as soon as possible if you've been involved in an accident on business property. Often times, a business will properly repair a negligent condition after an accident, making it harder to prove their fault in the court of law. It is also important to seek experienced legal advice regardless of the extent of you injury. Falls, in particular, can lead to neck, back and joint injuries, head injuries and traumatic brain injuries, which can be difficult to diagnose in the immediate aftermath of an accident.

Under OSHA's General Duty Clause, Wal-Mart Stores Inc. was issued a citation with a proposed fine of $7,000 for exposing workers to the recognized hazards of asphyxiation or being crushed by a crowd. That fine is the maximum penalty amount allowed under the law for a serious violation. A violation is considered serious when significant harm or death is likely to result from hazards the employer knew or should have known about.

"This is a win for both workers and consumers. It's only fitting that today the 100th anniversary of the deadly Triangle Shirtwaist Factory fire in New York City where 146 workers lost their lives that a judge affirmed OSHA's right to protect the safety and health of workers from clearly recognized hazards," said Assistant Secretary of Labor for Occupational Safety and Health, Dr. David Michaels. "Today's ruling supports OSHA's position that, even in the absence of a specific rule or standard, employers are still legally responsible for providing a place of employment free of recognized hazards that are likely to cause serious injury or death. If not properly managed by retailers, a large crowd poses a significant threat to the lives of workers and customers."

Continue reading "Wal-Mart cited for fatal crowd control violation -- premise liability issues common in Fort Lauderdale" »

One in 5 Fortune 500 companies have banned employees from using cell phones while driving for work, according to a new study by the National Safety Council.

The risk of a distracted driving car accident in Fort Pierce, Fort Lauderdale or the surrounding areas is particularly acute because Florida is one of a dwindling number of states that has no law preventing drivers from using cell phones or text messaging while driving. In fact, the Governors Highway Safety Association reports eight states have banned the use of hand-held cell phones altogether, while 30 states have banned text messaging by drivers.

Our personal injury lawyers in Hollywood, Margate and Coral Gables applaud companies who have taken proactive measure to protect employees who travel as part of their jobs. The Bureau of Labor Statistics continues to report that car accidents are a leading cause of fatal on-the-job accidents. In 2009, a total of 1,682 employees were killed in transportation accidents, accounting for nearly 4 in 10 of all job-related deaths in the United States.

The NSC reports that the results of its two-year effort aimed at employers is starting to show, however, cell phones remain the number one distraction inside vehicles.

“In January 2009, NSC called for a ban on all cell phone use while driving because research identified the behavior as dangerous. A driver is four times as likely to crash while talking on a cell phone while driving,” said Janet Froetscher, president and CEO of the Council. “Now, in 2011, our call to action is getting results, and our nation’s top employers are taking steps to protect their employees and communities in which they operate by implementing total cell phone bans.”

The NSC reports nearly one-fourth of the nation's car accidents involve cell phones and permitting cell phone use by employees who drive as part of their job can open a company to significant liability. Situations in which an employer has been held liable include:

-During work hours and outside typical work yours.

-To and from work appointments and for personal reasons.

-In either a personal vehicle or a company-owned vehicle.

-While on the phone for either personal or business reasons.

-Using either an employer-provided phone or personal cell phone.

-Using both hands-free and hand-held devices.

Continue reading "Employer cell phone policies making strides in reducing South Florida car accidents" »

A Palm Beach work accident sent a man to the hospital after he fell 30 feet inside a water tank, the Palm Beach Post reported.

Fall Accidents at work are one of the leading causes of employee injuries nationwide, according to the Bureau of Labor Statistics.

Palm Beach County Fire-Rescue said the man was working at the county's water plant on Pinehurst Drive, just west of Jog Road. Details of his injuries were not available but he was reportedly transported to the hospital with broken bones.

Employers have an obligation to provide harnesses and other necessary safety gear for employees who are working at height. A worker who is injured on the job is entitled to Florida workers' compensation benefits, regardless of who was at fault. Such benefits are designed to pay for medical expenses, lost wages and other costs associated with a work accident. In other cases, where a personal injury or wrongful death is caused by the negligence of a third party, such as a subcontractor or property owner, a lawsuit may be filed seeking additional compensation.

In still other cases, a defective product lawsuit may be filed if dangerous or defective equipment contributed to a serious or fatal accident while on the job.

In 2009, the government reports 579 employees were killed in fall accidents. The overall number of serious and fatal work accidents has declined along with the struggling economy. Fall accidents killed 814 employees in 2007.

Continue reading "Falls a leading cause of serious and fatal work accidents in West Palm Beach, throughout South Florida" »