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Fort Walton Beach Personal Injury Blog

Workers' compensation: Another Disney-related workplace death

During the activity of workers getting Disney's Epcot theme park ready for the 2022 celebrations of its 40th birthday, a tragedy claimed the life of a construction worker. The family of a 58-year-old worker will likely be eligible for workers' compensation survivor's benefits for financial assistance. Reportedly, the incident at this Florida theme park occurred on a recent Tuesday.

According to an incident report, Orange County firefighters and deputies rushed to the scene after receiving a call about an on-the-job accident. The circumstances that led to the fatal fall were not made public. However, authorities first responders arrived to find the victim already deceased.

Can proposed heat-stress bill limit workers' compensation claims?

Outdoor workers in Florida are frequently exposed to the risks posed by excessive heat. While federal safety authorities have standards that require employers to protect workers from heat stress, some advocates are now pushing for the passing of a proposed bill for the construction and agriculture industries to mandate heat illness prevention. The goal is to set standards statewide for employers to provide outdoor workers with enough drinking water and frequent rest breaks in shaded areas. Compliance will likely limit heat illness-related workers' compensation claims.

Many employers claim that such an act is unnecessary because most employers of outdoor workers already comply with federal safety standards. The Occupational Safety and Health Administration requires employers to monitor the heat index, which is a standard measurement of temperature and humidity. Measurements at or exceeding 91 degrees Fahrenheit are dangerous and require preventative actions.

Workers' compensation refuses to have worker tested for TBI

Most workers in Florida find comfort in knowing that their employers carry insurance to cover them in the event of workplace injuries. However, workplace injury victims are disappointed by how the state-regulated workers' compensation system deals with their injuries. In one such a case, a severely traumatized worker claims the insurance provider deemed him fit to return to work without sending him for the necessary tests.

In Florida, injured workers cannot go to their own physicians because their employers get to choose the doctors. In Sept. 2017, the man was close by when an explosion rocked his workplace. Chemicals and fire cause serious burn injuries, and the worker was rushed to a burn unit of a Tampa hospital. Along with the burn injuries, he suffered injuries to his back and hip, hearing loss, and a concussion.

Myths and motorcycles: a dangerous combination

With Daytona Bike Week for 2019 arriving this March, motorcycles will be in the news. Riders from all over the United States descend on Daytona Beach for the week-long celebration. Unfortunately, some of the news may not be good. The National Highway Traffic Safety Administration states that Florida has more motorcycle injuries and fatalities than any other state in America.  

The portrayal of motorcycle accidents in the film industry usually involves spectacular trauma. High-speed motorcycle collisions in Florida can cause real-life catastrophic injuries and fatalities. Some Florida motorcycle accidents can be even more dramatic than those imagined for film.  

Who could be liable for personal injury in rollover crashes?

According to the National Highway Traffic Safety Administration, most fatal rollover crashes in Florida and other states are single-vehicle wrecks. While driver negligence might play a primary roll in many rollovers, third parties could be responsible for personal injury or wrongful death that result. Other causes for rollovers could include vehicle malfunctions or defects, road conditions, unsafe work zones or the actions of other drivers, even if they are not involved in collisions.

Safety authorities say that although any vehicle type can be involved in a rollover, taller vehicles with higher centers of gravity are more inclined to roll over easily. Other aspects that might add to the rollover risks include distractions, speeding and impaired driving. Roadways that might pose higher risks are those that are rural, without divisions and barriers, and in most cases, the crashes happen where the posted speed limits are 55 mph or higher.

Is my neighbor responsible if my child gets hurt on his property?

Most people think about other people when the term “neighborhood nuisance” comes to mind. However, there is a different kind of nuisance in legal terms, which holds a property owner responsible for not safeguarding dangerous features from children. These are attractive nuisances. If you have never heard about an attractive nuisance, you may want to learn how it pertains to Florida homeowners.

According to FindLaw, an attractive nuisance is an item or feature on one’s property that children may find too tempting to resist. As you know, children do not always follow the rules, especially if their friends are influencing them, or they are too young to fully understand the dangers. Homeowners must recognize potential hazards to children and take reasonable measures to discourage children or make it impossible for them to access the dangers.

Lime might face personal injury claim after catastrophic injuries

Motorized e-scooters have provided people across the country with easier commutes, including in Florida. Sadly, many safety problems exist, and reports by the Fort Lauderdale Fire rescue indicate that 40 e-scooter-related accidents have been reported, and 31 of those led to personal injury requiring hospitalizations. One incident left the victim in a persistent vegetative state, and her mother has now announced her intention to file a lawsuit against Lime, which was the provider of the scooter that was involved in this accident.

Reportedly, the woman was not wearing a helmet when the Lime scooter on which she was riding was involved in a collision with a vehicle. The impact caused the scooter rider to be thrown a distance of 100 feet. Additional reports indicate that the third fatality involving Lime vs. car accidents claimed the life of an exchange student in another state earlier this month.

Workers' compensation: I-4 Ultimate project claims fourth life

The I-4 Ultimate transportation project in Florida claimed its fourth life on a recent Monday. The surviving family members of the victim will likely pursue financial relief through the state-regulated workers' compensation system. All construction activities were suspended after the tragic incident to allow investigators to document the cause of the accident.

A preliminary incident report provides only limited details. It indicates that a 59-year-old man suffered a fatal blow when an iron pipe struck him. The circumstances that led to the accident are yet to be determined. Authorities say the pipe was 20 feet long, with an 18-inch diameter.  

Gathering all the evidence after a personal injury is crucial

A report about a court case against Walt Disney Parks and Resorts U.S. that was heard in a Florida court recently underscores the need for anyone who suffers an injury due to a property owner's negligence to gather as much evidence as possible. A woman from another state filed a personal injury claim against the establishment, alleging a food cart rolled over her foot at the restaurant while she was a visitor there in 2013. However, it appears the plaintiff failed to recognize the severity of the injury at first and gathered no evidence.

According to court documents, the injury that presented little more than a bruise immediately after the alleged incident developed into CRPS, or complex regional pain syndrome, which left her with chronic pain that had an adverse impact on her quality of life. The defendants claim that the plaintiff failed to take the name of the worker who pushed the cart, which could have weighed over 240 pounds. In addition, they could not find any record of such an incident being reported at that time, which is the standard procedures for such cases.

Pedestrians and bicyclists face significant personal injury risks

Pedestrians and bicyclists in Florida face multiple safety challenges, and the fact that they have no protection in the event of a crash makes them even more vulnerable. These road users can take precautions to limit the chances of suffering personal injury in an accident. The fact that cyclists and pedestrians are often hard to see -- especially by drivers of large vehicles such as buses or big rigs -- pose the most significant danger.

Walking or driving in the blind spots of drivers is dangerous, and it might be wise to remember that only when they can see a driver in the vehicle's side view mirror can the driver see them. Avoiding the areas close to all four sides of large vehicles might prevent harm. Semis and buses need more space to make a turn, and pedestrians and cyclists must never move into the area between such a vehicle and the curb, or they risk being struck when the vehicle completes the turn.

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The Law Offices of Cameron D Simpson, P.A.
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