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Fort Walton Beach Personal Injury Blog

Workers' compensation: Scaffold fall kills drywall installer

The Occupational Safety and Health Administration has launched an investigation into a fatal workplace accident that happened in Florida on a recent Wednesday morning. The incident occurred on the Palm Beach construction site of a development at the former location of Testa's Restaurant. Such tragedies typically lead to workers' compensation claims filed by surviving family members.

Emergency services say first responders rushed to the scene after receiving a call reporting the accident. They arrived at the scene shortly after 8:15 a.m. to find a worker with critical injuries. He was rushed to the emergency department of a hospital within the next 20 minutes, but he succumbed to his injuries after several hours.

Personal injury: How safe are water parks?

As the weather turns warmer, parents in Florida might plan visits to water parks. At the same time, water parks will be preparing facilities for the summer visitors who will soon turn up in their masses. Many visitors do not realize how dangerous wave pools, waterslides and wet walkways can be, especially when some adult patrons may be consuming alcohol. If such a day trip ends with a child in the hospital, the parents might be unsure about their rights to pursue legal action by filing a personal injury claim.

The biggest issue that typically confuses most people is determining whom to sue. Was the injury caused by the negligence of the water park's management or staff? Should one sue the owner of the park, the park's management or both? What if other guests to the facility caused the injuries? Can more than one party be sued at the same time?

Wrongful death: SUV driver arrested after striking motorcyclist

Motorcyclists in Florida and elsewhere will always be vulnerable. The smaller size of a motorcycle and the fact that auto drivers often don't see bikers approach lead to many accidents in which motorcyclists lose their lives. A significant number of wrongful death lawsuits that move through the state's civil courts involve car vs. motorcycle accidents.

A 32-year-old motorcyclist was the victim of such a collision on a recent Tuesday. According to a report by Florida Highway Patrol, the crash occurred at approximately 2 p.m. on U.S. Highway 192. Deputies say a 70-year-old man was heading east on the highway and failed to notice an oncoming motorcycle when he attempted to turn left.

Tips for tourists driving in Florida

Florida is a beautiful and entertaining state to visit all year. It is a place to make memories with loved ones, from going sightseeing to participating in water activities. Unfortunately, it can also be a place where accidents happen and someone gets hurt. More often than not, such accidents happen on the road.

Car crashes are scary enough, but when they occur outside your home state, you add on the stress of not being familiar with state laws and not knowing where to go for help. Here are some tips to make driving in Florida easier.

Workers' compensation will cover construction worker's fall

Construction sites in Florida are dangerous places that pose numerous safety hazards. This was underscored by a recent accident that would likely lead to a workers' compensation claim. Rescue workers were called to a construction site after receiving a call about an injured worker.

Firefighters arrived at the scene at about midday. They learned that a 45-year-old worker had fallen from scaffolding on the fifth floor. The scaffold on which he was working was approximately six feet high. Rescue workers determined that the man suffered injuries to his pelvis.

Negligence or misconduct can lead to wrongful death lawsuit

If the negligence of one person causes the death of another, the civil justice system allows the surviving family members or a personal representative of the estate of the deceased person to seek recovery of damages. Wrongful death lawsuits are filed independently from any criminal proceedings against an alleged killer. While criminal convictions required proof of guilt beyond a reasonable doubt to be established by the prosecution, a civil lawsuit in Florida requires only a preponderance of evidence to document negligence.

This means that even if there is no criminal conviction, a civil court can still enter a monetary judgment in a wrongful death claim as long as the lower burden of proof is satisfied. Wrongful death lawsuits can arise from medical malpractice, occupational fatalities due to hazardous work environments or substance exposure, vehicle or airplane crashes, among others. Any damages awarded by the court will go to the estate for distribution to heirs.

Personal injury: Premises liability claim follows death at ATM

A Florida family recently announced their intention to file a premises liability lawsuit against the Miami-Dade County Federal Credit Union. A reward of $23,000 is on offer for information that could lead to the arrest of the shooter that killed a 47-year-old librarian last December. The family asserts that the bank failed to provide sufficient security to protect clients who use the ATM from suffering personal injury or be killed.

Reportedly, the man used the ATM on the evening of Dec. 10, and he was shot and killed as he left the bank. Unfortunately, no witnesses have come forward, and the only evidence police have was obtained from surveillance footage that showed what is believed to be the getaway driver in a vehicle. The surviving family claims that the defendant took insufficient measures to prevent such incidents.

Who pays temp agency employees' worker's compensation?

Your benefits as an agency-hired temp or seasonal worker may not be as robust as part-time or full-time employees. However, you deserve the same access to a safe and healthy workplace as do all other workers in Florida.

The main difference when you are an outside employment agency worker is which company is responsible for carrying worker's compensation insurance to pay for your injuries. In most cases, that responsibility falls to the agency that hires you and leases out your time. However, you may also have other claims that could help further secure your future.

Workers' compensation benefits to help surviving family members

Workers in all industries in Florida are vulnerable to occupational hazards. When severe injuries or fatalities result from workplace accidents, the Occupational Safety and Health Administration typically launches investigations to determine the circumstances that caused them, and also the level of compliance with safety standards. However, regardless of the outcome of the inquiry, injured workers or surviving family members of workers who lost their lives in on-the-job accidents are usually eligible for workers' compensation benefits.

One such an OSHA investigation led to citations and proposed penalties for an ammunition manufacturer following an explosion that killed two workers. The safety agency discovered that when the 200-gram maximum explosive limit for pyrotechnic flash powder used in the blast booth was increased to 500 grams, modified safety procedures were not developed or implemented. Investigators also found that the employer disregarded the specifications of the engineer when the blast booths' blowout panels were installed.

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.

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