Work Injury Lawyer Delray Beach
Delray Beach Work Injury Attorney
– As a healthcare worker, you may never have anticipated suffering an injury yourself, much less while working to help others. As a result, you may not know of a work injury lawyer in Delray Beach who can help you. The attorneys at the Law Offices of Franks, Koenig & Neuwelt have assisted thousands of injured workers to recover their damages from workplace accidents.
Workplace Injuries and Healthcare Providers
Nurses, hospital staff, and emergency first responders are on the front lines of providing vital healthcare to injured and sick people every day. Many people benefit from the hard work that healthcare workers provide.
Unfortunately, due to the many risks of their profession, healthcare workers can be injured while performing the duties of their jobs. Their injuries can be quite serious and may have long term or permanent effects. Sometimes, it can become necessary to hire the services of an attorney in order to ensure that injury victims receive all the compensation to which they are entitled as a result of their injuries. The lawyers at the Law Offices of Franks, Koenig & Neuwelt offer a free initial consultation for a personal injury case review.
Common Injuries Among Healthcare Providers
The Centers for Disease Control and Prevention report that in the U.S, there are more than 18 million healthcare workers. They experience more occupational injuries and illnesses than workers in any other industry. An experienced work injury lawyer Delray Beach medical providers turn to may help protect their rights. Regardless of their specific job, many healthcare workers suffer from one or more of these injuries:
– – – – Musculoskeletal disorders. This can develop when a healthcare worker uses repetitive motion, or overexerts an area of their body. As a group, healthcare workers are at least seven times more likely to develop this condition than other workers. Attendants, orderlies, and nursing aids are at the highest risk.
– – – – Muscle or back injuries. Often, healthcare workers must do heavy lifting, especially when patients need to be repositioned or moved. This can cause the healthcare worker to strain a muscle or damage a nerve.
– – – – Needle punctures. Because healthcare workers often use needles when taking blood, administering intravenous fluids, etc. it’s not unusual for them to mistakenly get cut or punctured by a needle. If the needle is contaminated, it can cause serious, lifelong health issues.
– – – – Assault and battery. Healthcare personnel can be assaulted by patients, hospital visitors, and even criminals who are in search of narcotics. Security staff members are not always present to prevent injuries to healthcare workers.
– – – – Slips and falls. Healthcare facilities can be hazardous locations in which to work when liquids are spilled on the floor, making it slippery. Healthcare workers are also at risk of falling when a patient they are lifting or guiding falls down and takes the worker with them. Another common scenario can happen when the worker lifts a patient who is too heavy, then slips and breaks the fall of the patient.
When a healthcare worker is classified as a part-time or full-time employee, that individual is almost certainly eligible to file a workers’ compensation claim, provided that they sustained their injuries while engaging in work-related activities. Workers’ compensation is a no-fault system. This means that even if the injured worker in question either contributed to or caused the circumstances leading up to the occurrence of their injuries, they should be entitled to benefits. As a result, the workers’ compensation system does not require the injured healthcare worker to prove that someone else’s negligence caused their injury. The “trade-off” for providing workers’ compensation benefits regardless of fault is that the workers’ compensation system limits employer liability in the event of a work-related injury or occupational illness. This essentially means that employees eligible for workers’ compensation benefits cannot sue their employers directly in the event that they are hurt on the job.
The primary exceptions to eligibility for a workers’ compensation benefits award for injuries sustained on the job include injuries sustained while a worker was intoxicated or otherwise impaired, injuries sustained as a result of an altercation initiated by the injured worker, and injuries sustained as a result of an accident engineered by the worker in an effort to collect compensation.
The workers’ compensation does not require that the job-related injury occur at a worker’s regular job site. As long as the injury was sustained while the employee was engaging in work-related activity, the injuries should render the worker eligible for a compensation award. For example, say that a nurse was assigned to travel from one patient’s home to the next during a single shift. On the way to the second patient’s house, the nurse was involved in a motor vehicle accident. Because that travel was part of the nurse’s job, injuries sustained as a result of the crash would result in the nurse’s eligibility for a workers’ compensation award.
Personal Injury Litigation
As noted above, employees who are eligible for workers’ compensation coverage may not directly sue their employers after they are injured on the job, as the workers’ compensation system insulates employers from direct liability. However, if the employee eligible for workers’ compensation benefits was injured on the job by a third party (a person or a company other than who they work for), they remain eligible to file a lawsuit against them. A Delray Beach work injury lawyer may review your case to see if there is merit for a lawsuit. Examples of when it may be appropriate include:
– – – – A patient’s relative who assaulted you and caused you physical or emotional harm
– – – – The manufacturer of a device or substance that caused you harm, due to its design or because it was defective
Additionally, it is important to note that independent contractors and others who are ordinarily ineligible for workers’ compensation benefits are permitted to sue anyone whose negligent, reckless, or intentionally dangerous behavior contributed to their injuries. This includes employers for whom they provide work-related services. Essentially, just because you may be ineligible for a workers’ compensation award does not mean that you don’t have legal options available to you. On the contrary, you may be entitled to a significant amount of compensation at this time via the personal injury claims process.
Contact Us to speak with a Delray Beach Work Injury Lawyer
If you were while you were injured on the job or otherwise engaged in work-related activity, call the Law Offices of Franks, Koenig & Neuwelt today to speak with an experienced attorney. All too often, healthcare providers suffer in silence when they suffer acute or repetitive trauma injuries on the job because they are led to believe that such injuries are simply “the cost of doing business.” However, just like factory workers and office workers, agricultural workers and service industry workers, healthcare workers have rights under the law when they are injured while on the job. Don’t suffer in silence and don’t assume costs related to your injuries that should be covered by workers’ compensation and/or a personal injury award. Explore your options today with the assistance of our experienced team. We look forward to speaking with you.
What You Need to Know About COVID in the Workplace
If you need a work injury lawyer Delray Beach trusts, look no further than the legal professionals at the Law Offices of Franks, Koenig & Neuwelt. We’re here to help you get the compensation and justice you deserve, and we’re ready to answer any questions you may have about your case.
It’s a common question that many people ask, especially after the pandemic. But can you file for workers’ compensation if you caught COVID at the workplace? Read on to learn more about how workers’ compensation or a work injury lawsuit can come into play if you’ve contracted the coronavirus while on the job.
- Your workers’ compensation case is all about context.
It’s easy to assume that any injury at work should be covered by workers’ compensation. However, it’s not enough to experience an injury at your workplace: You need to prove that your injuries occurred when you were actually performing work-related tasks. If you caught COVID at work, you’ll have to prove that you caught it while you were actually on the clock.
- Your employer’s preparations matter.
If you caught COVID-19 while on the job, there’s a question you need to ask yourself – and your employer. Were there any safeguards in place to prevent the spread of COVID? It’s important to know whether or not your employer was mindful about COVID when he or she requested you come in for work. In fact, the degree of safety precautions in place can decide your next moves.
- Workers’ Compensation is possible if your employer followed CDC guidelines.
There are several precautions that a responsible employer can take to protect employees from the spread of COVID-19. This can range from masks, to protective barriers, and even just implementing a work-from-home policy. If your employer has evidence that he or she followed the proper safety guidelines, you can still file for workers’ compensation. But if your employer neglected to keep you and your coworkers safe, you might have to resort to a lawsuit.
- You can sue for gross negligence (if applicable).
If you caught COVID at work, and there’s no evidence that your employer took any steps to keep you and your coworkers safe, you might want to consider filing a lawsuit – especially after you see your medical bills. A Delray Beach work injury lawyer can walk you through the process, and can help you decide whether or not a lawsuit is worth the effort.
- The right lawyer can help you get the justice you deserve.
COVID-19 is potentially fatal, and it can take weeks or months for you to fully recover. Of course, if you become infected with COVID-19, odds are you won’t be able to continue working, and you’ll also be dealing with lost wages and serious financial trouble. Fortunately, a work injury lawyer can help you fight back for the justice and compensation you deserve.
Get in Touch with the Law Offices of Franks, Koenig & Neuwelt Today
COVID in the workplace can seriously disrupt your life, and it can be cause for a workers’ compensation or work injury claim. If you want to take legal action because of your employer’s negligence, it’s important to reach out to a legal team you can count on. Get in touch with us today, and see how a Delray Beach work injury lawyer from our office can help.
“Got hurt at work and was not getting anywhere. Looked at many fIrms but decided to go with this one. Best decision I have ever made. Dianne, Krystal and Eli Franks are an amazing team and I was blessed to have them on my side! They went above and beyond to make this situation a happy one.”