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Being struck by or against heavy machinery is its own recognized category of workplace injury because of the high frequency of these types of accidents in certain work environments. From railroad workers securing cargo or attaching cars or workers in manufacturing facilities dealing with presses or machinery suspended on jib cranes or push trolleys, there are many work environments where moving or movable equipment, as well as equipment with moving parts that limbs or digits can get caught between, can cause catastrophic, disabling injuries.
For many workers, struck by or against injuries can not only lead to the loss of limbs or disabilities that render them unable to continue their current duties, costing them their current job, but these injuries also have a high fatality rate. According to OSHA, about 75 percent of struck-by fatalities involve heavy equipment. This means that, more often than not, the best-case scenario is that your ability to walk or use one or both arms or hands is permanently impaired.
The physical, emotional and financial ramifications of a struck by/against injury are immeasurable and often unquantifiable, especially if your earning capacity and future income are forfeited.
At Kanner & Pintaluga, our experienced workers’ compensation attorneys have helped hundreds of Boca Raton workers get the compensation they deserve to make their recovery a little bit easier. We’re dedicated to maximizing our client’s chances of securing an ideal outcome for their workers’ comp claim.
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No. Florida’s workers’ compensation operates on a “no-fault” system, which means you don’t have to prove fault to receive benefits. While this can help filers receive compensation quicker since they can circumvent the process of gathering evidence that establishes negligence, this also means they’re barred from pursuing a traditional personal injury lawsuit against their employer in conjunction with their workers’ compensation claim.
Even if your employer or coworker’s negligence directly resulted in your injuries, you can’t sue them. This can be a serious problem with the system due to the fact that workers’ compensation isn’t all-inclusive, excluding compensation for pain and suffering, loss of consortium and other damage types.
However, if your workplace injury was caused by a third party – such as a commuter, property owner or another contractor – you may be able to file a personal injury claim against that party and seek pain and suffering damages as well as other types of compensation not included in workers’ comp.
Pursuing a third-party claim does not preclude a workers’ comp claim – we can assist you in filing both. The attorneys at Kanner & Pintaluga will explore all options and possible avenues to ensure you get the most for your injuries.
At Kanner & Pintaluga, our team is made up of skilled negotiators and litigators. Our reputable Boca Raton workers’ comp team will help you file your claim promptly and fight zealously for the compensation you need in negotiations and in court if necessary.
Get the financial support you and your family need sooner and with confidence. Schedule a free case consultation and discuss your workplace injury claim with a dedicated Boca Raton workers’ comp attorney today by calling 800.586.5555.
925 South Federal Highway, 6th Floor
Boca Raton, FL 33432
(800) 586-5555
* Available by Appointment