Mario Trespalacios, P.A. is a workers’ compensation law firm in Miami, Florida that assists workers who have been hurt on the job. However, for workers not covered under workers’ compensation or where workers believe that their safety was put in jeopardy as a result of their employer’s failure to obey safety requirements or restrictions, lawsuits may also be an option. In the era of the coronavirus pandemic, some workers who have fallen ill are seeking coverage by making workers’ compensation claims. But if these claims are denied, what remedies do workers have? Claims Journal has been tracking recent employee employer litigation and the lawsuits being pursued in recent weeks might provide some answers. Let’s explore further.
If you have contracted COVID-19 on the job or were injured on the job, you may have the right to seek damages through a workers’ compensation claim. If you are not covered by workers’ compensation, you may have other options under the law. Reach out to Mario Trespalacios, P.A., a workers’ compensation law firm in Miami, Florida today.
Employer Didn’t Provide Adequate Personal Protective Equipment in Miami, Florida?
On Thursday, June 25th, as coronavirus cases have grown in Miami, Miami-Dade County issued a mandatory mask mandate. Individuals are required to wear a mask in public at all times. Individuals who disobey the order can face civil infractions. This means that businesses also need to comply and should require that patrons, personnel, and other staff wear facial coverings while shopping, browsing, or while doing business. Exceptions to the face covering order include children under two years old, individuals who are exercising who are observing social distancing, a person who is eating or drinking, and a person who is receiving a service involving the face. Another exception includes when someone is speaking to a hearing-impaired person. Miami restaurants have been limited to operating with only outdoor seating.
According to WSVN, Miami businesses that violate social distancing rules or that fail to enforce stricter face covering rules could face penalties. Businesses that violate city regulations could face being shut down anywhere from 10 to 30 days. When businesses fail to obey current COVID-19 restrictions, they put their workers and patrons at risk. Workers who believe that their lives and safety are being put at risk because their employer is failing to obey COVID-19 restrictions may have additional remedies should they get sick. Claims Journal reports that workers are pursuing lawsuits when they believe their employers have failed to provide them with the protective equipment they need or when their employers failed to take steps to keep them safe. Some employers have filed public nuisance claims citing employers that fail to require their workers to wear a mask, fail to require customers to wear masks, and fail to obey city ordinances.
Other workers have claimed that they were wrongfully terminated, either because they were being retaliated against or because of other reasons. If you believe you were wrongfully terminated because you spoke up, asked for protective equipment, or showed concerns about workplace safety, you may also have additional rights. Workers who report their workplace for safety violations may also have additional whistleblower protections and may be able to seek lawsuits for damages or be able to make a whistleblower violation report.
If you believe you got sick on the job because of your employer’s failure to enforce or employ COVID-19 safety measures, consider reaching out to Mario Trespalacios, P.A., a workers’ compensation law firm in Miami, Florida. For many workers who get sick on the job, the first step will be to make a workers’ compensation claim. But if that avenue doesn’t provide relief, there may be other options available, including pursuing a lawsuit against a negligent employer.
Seek Help with Your Workers’ Compensation Claim Today
If you’ve been hurt on the job or if you got sick with COVID-19 and believe you became sick on the job because of negligence on the part of your employer, you may have rights under the law. Some classes of workers like those in healthcare and first response may have an easier time getting a successful COVID-19 workers’ compensation claim. Others may have the option to sue the employer if the employer was grossly negligent in permitting the spread of the virus. For example, not requiring workers to wear masks, not requiring patrons to wear masks, or otherwise failing to obey city regulations could be seen as negligent. Not only can it get an establishment closed down, it can make workers sick. If you have questions about your rights with regards to workers’ compensation or a lawsuit for injuries you suffered on the job, reach out to the workers’ compensation law firm of Mario Trespalacios, P.A. in Miami, Florida today. Or connect with USAttorneys.com to get matched with our workers’ compensation lawyer.