Articles Posted in Workplace Injuries

Generally, people injured at work are unable to sue their employers directly and will instead be eligible for workers’ compensation. However, there are exceptions to this general rule. If you or a loved one have been injured at work, you should contact a skilled South Florida workers’ compensation attorney as soon as possible. There may be benefits that you are entitled to receive.Legal News Gavel

Workers’ Compensation

Workers’ compensation is a program that shields employers from most kinds of civil liability. When someone is injured at work, instead of bringing suit against their employer, as they would in most kinds of personal injury cases, employees bring their cases to workers’ compensation. Essentially, workers’ compensation is an insurance policy for employers. They are required to pay into it, and then when a worker is injured, the program will pay benefits to the injured party. In many cases, it is beneficial to fall outside the workers’ compensation scheme because it allows a plaintiff to sue the employer or others in civil court. In this case, a man was working inside a cement mixing box when another employee started the machine, killing the man.

Test tubesA woman was working at a hospital when she fell and hurt her shoulder. When she tested positive for marijuana, the law presumed that the accident was due to her drug use. The court held that she did not successfully rebut the presumption of the drugs being the cause of the accident. Therefore, she was denied workers’ compensation benefits under the law. If you are injured at work, it is important to contact a Florida personal injury attorney as soon as possible. With the assistance of a skilled attorney, the woman in this case may have been able to successfully rebut the presumption and thus be eligible for benefits.

Facts of the Case

 Here, the plaintiff was working at her job cleaning hospital rooms when she slipped and fell as she was running to alert nurses on duty about a patient who was in distress. After she fell, her employer took her to the hospital to get treatment, and then took her immediately to a clinic, which gave her a drug test. She tested positive for marijuana during this test.