Under laws set forth by the Occupational Health and Safety Administration (OSHA), employers have a duty to provide their employees with a hazard-free workplace. Standards and practices for safety can differ from industry to industry and OSHA sets these expectations. When an injury occurs in the workplace, it is primarily covered by Worker’s Compensation. However, some states do not require workplaces to carry worker’s compensation insurance. In those cases, or when the injuries exceed the amount of worker’s compensation allowed, the company can open themselves up to personal injury litigation. The injured employee would need to prove negligence on the employer’s behalf to be successful.
USA Today reports that the Disney Cruise Line has been ordered to pay a worker $4 million in a personal injury case. A jury in Brevard County ordered Disney Cruise Line to pay an injured worker, Maria Ana Reis Martins $4 million. The judgment included $2 million for lost earnings, $1 million for pain and suffering and $1 million in punitive damages.
The lawsuit came as a result of an injury that Martins suffered during a port of call. She was struck by a car and went to visit the cruise ship’s doctor in 2013. The ship’s doctor failed to diagnose 3 broken ribs and proclaimed that Martins was fit to work as a dining room server.
Later, in Florida, a doctor discovered that she had 3 broken ribs. She returned to her native Portugal for treatment for five months. She returned to work in 2014 but had to leave a month later due to nerve damage.
This is the first time that the cruise line has lost a personal injury lawsuit involving an employee in a jury trial. The jury assigned 80% of the fault to Disney Cruise Lines and 20% of the fault to Martins.
Common Construction Site Accidents and Injuries The construction industry is one of the most dangerous industries for workers in the United States and the state of Florida. According to the Occupational Safety and Health Administration (OSHA), out of the 3,929 worker fatalities in 2013, 20.3 percent were in the construction industry. The following takes a look at some of the most...
Gives 5 Workplace Safety Tips Fort Lauderdale Slip and Fall Lawyers Give Advice Some people go to work never thinking that today could be the day that they could be involved in a slip and fall accident at work. However, there are thousands of fall accidents that occur at the workplace each year, and no one ever knows if he...
Preventing Deadly Scaffolding Accidents An estimated 65 percent of construction workers work on scaffolds frequently, according to the Occupational Safety & Health Administration (OSHA). Scaffolding may involve some common types of construction site injuries – each year, 4,500 workers are injured, and 50 workers die in scaffolding accidents. Not only do scaffolding accidents affect workers and families, but they...
Post-Traumatic Stress Disorder After Work Accident How to Recognize PTSD after a Work Accident You may know to be on the lookout for delayed signs of physical injury after a serious on-the-job accident. Have you been similarly advised to safeguard your mental and emotional wellbeing? Accident victims often experience post-traumatic stress disorder (PTSD), which can take weeks, months or even years...
Can My Employer Stop My Workers’ Compensation Benefits In Florida? Yes, an employer can legally stop your workers’ compensation benefits in Florida according to the Florida Division of Workers’ Compensation. The circumstances where this would apply are if you are only temporarily disabled or if you are found physically capable of working. In the case where you are only temporarily disabled, you would receive temporary...
Can My Employer Make Me Return to Work in Florida? No, your employer cannot make you return to work in Florida. Only your treating physician has the authority to release you back to work. However, if your doctor has decided that you are capable of returning to work in some capacity, you are legally required to make an honest effort to return to work. If...
Can I Work While On Workers’ Compensation In Florida? The simple answer to this question is no, although there are exceptions. Florida’s workers’ compensation laws are designed to get employees back to work as quickly as possible. This means that if an employee is capable of performing their duties at work, even if they do not feel 100 percent recovered, their workers’ compensation payments...
What Should A Worker Do After Getting Injured On The Job In Florida? After getting injured on the job in Florida, it is important to let your supervisor or employer know right away. According to the Florida Division of Worker’s Compensation, you do not do so within 30 days of the accident, you may jeopardize your claim and lose your ability to recover compensation for damages you sustained....
