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Mario Trespalacios, P.A. is a workers’ compensation lawyer in Miami, Florida that works with individuals who need assistance filing a workers’ compensation claim or who need assistance appealing a workers’ compensation claim. If you contracted coronavirus on the job and want to file a workers’ compensation claim to cover your medical expenses, lost wages, and other costs, you might be wondering whether you are entitled to file a workers’ compensation claim for a coronavirus infection you contracted on the job. First, it is important to understand that if you believe you contracted coronavirus on the job, you should try to file a workers’ compensation claim, regardless of your profession. If you can show that a risk factor in your workplace could have caused your COVID-19 infection, you may be able to make a successful workers’ compensation claim.
Workers in certain fields will generally be covered under workers’ compensation if they contract the coronavirus while on the job. Which fields are these? Here are a few fields where workers should be covered under Florida law:
- Health Care Workers
- First Responders
- Fire Fighters
- Police Offices
- Public Health Workers
Other workers may also be at increased risk of contracting the virus at work. These workers may be those who are employed in “essential services” that may not be able to shut down even if there is a spike in cases. While the burden of proving that they contracted the virus while at work may be higher for these workers, employees in the following fields may also be able to make a workers’ compensation claim:
- Food service workers, including grocery store workers
- Meat packers, workers in food processing facilities, and delivery personnel
- Truckers, mail workers, and shippers
- Bus drivers and other transportation workers
- Government workers
- Construction workers
- And others
If you believe you contracted COVID-19 while at work, you may have the right to make a claim with workers’ compensation. Mario Trespalacios, P.A. is a workers’ compensation law firm in Miami, Florida that may be able to help you appeal a denied workers’ compensation claim or help you assess whether you should be covered under workers’ compensation if your employer is claiming that you are not protected under workers’ compensation.
Business Liability and COVID-19 in Miami, Florida
One of the big questions that the coronavirus pandemic raises for businesses is whether the business could be held legally liable if workers get sick on the job or if patrons get sick at the business. Outbreaks can sometimes be traced back to particular establishments. Not all workers may be covered under workers’ compensation and those who are not covered may have the right to sue their employer for injuries stemming from their job. The New York Times reports that business owners have been asking for increased legal protections against lawsuits stemming from the coronavirus, but no laws have as of yet been passed. Governors are in a tough position where they want to ensure that business owners take steps to prevent the spread of the virus, but also want to take steps to ensure that business owners feel confident re-opening for business. Workers who become sick with COVID-19 on the job may have the right to seek a recovery through workers’ compensation or they may be able to seek a settlement with their employer directly to cover medical bills and other losses if they are not covered under workers’ compensation. Do you have questions about your rights? Reach out to the workers’ compensation law firm at Mario Tespalacios, P.A. in Miami, Florida today.
Coronavirus Workers’ Compensation Appeals in Miami, Florida
Has your coronavirus workers’ compensation claim been denied? You are not alone. For workers who are not in certain fields like healthcare or emergency response, the burden has been placed on the worker to prove that he or she contracted the coronavirus while on the job, or to show that the workplace environment posed a unique risk that led the worker to contract the virus. If your workers’ compensation claim has been denied, reach out to Mario Trespalacios, P.A., a workers’ compensation lawyer in Miami, Florida today. Our lawyers can review your claim, and take steps to appeal the denial of your claim. We can investigate whether there may have been an outbreak traced back to your place of employment, investigate whether circumstances of your employment may have increased your risk of exposure to the virus, and help you take steps to protect your rights and make a coronavirus workers’ compensation claim. Have questions about workers’ compensation? Are you being told by your employer that you are not entitled to make a claim? Reach out to Mario Trespalacios, P.A., a workers’ compensation law firm in Miami, Florida or connect with USAttorneys.com to get matched with the workers’ compensation lawyer at Mario Tespalacios, P.A. today.
After an accident is reported on a construction site, the Occupational Safety and Health Administration (OSHA) will send out an investigator(s) to determine what factors played a role in the incident occurring. In the event the inspector finds that the incident was a preventable one and was caused by an employers’ negligence, the company is often issued a fine for their oversight. These citations are not only issued to recognize an employer for their negligence but also to help prevent further workplace accidents from happening.
OSHA recently issued a citation to two contractors who “failed to protect employees from fall hazards at a construction worksite in North Miami, Florida.” Prestige Estates Property Management LLC of North Miami and Jesus Balbuena of Miami, Florida, are now facing $44,146 in penalties, according to OSHA. OSHA began its investigation after learning that an employee fell 20 feet from an arterial lift that led to fatal injuries.
After the investigation was completed and certain hazards were recognized, OSHA cited the employers for:
- “Failing to ensure a fall protection system [was being used] to protect workers on an aerial lift, train employees to recognize and avoid fall hazards, and develop and implement an accident prevention program.”
- Prestige Estates was also cited for “failing to report a hospitalization within 24 hours and a fatality within 8 hours, as required.”
In OSHA’s news release, the agency points out that “Employers have an obligation to ensure the working conditions they ask employees to operate under are free of recognized hazards.” OSHA also says that when an employer allows employees “to work at heights without using proper fall protection methods” they increase the employees’ risk of sustaining serious or fatal injuries.
Did you suffer injuries in a workplace accident in Miami, FL recently?
If you were involved in a construction accident in Miami, FL and you believe it could have been prevented had your employer taken the necessary steps to protect its employees, we encourage you to contact Mario Trespalacios P.A. While most employees in Florida are entitled to receive workers’ compensation insurance when they suffer an injury on the job, not all construction workers are able to obtain these benefits.
For those that are not eligible to receive workers’ comp, our Miami, FL work injury lawyers may be able to help you obtain the compensation you need another way. Depending on how serious your injuries are, you may unable to work and bring home a steady income, and this can make the recovery process much more difficult to get through.
If you would like to learn more about filing a workers’ comp claim or wish to have a Miami, FL work injury attorney help you recover compensation for things like medical expenses, lost wages, mental anguish, and more, Mario Trespalacios P.A. is ready and able to provide you with the assistance you need.
Mario Trespalacios P.A. can be contacted at:
9495 SW 72 Street, Suite B-275
Miami, FL 33173