Common Workplace Injuries and How to File a Claim
According to the U.S. Bureau of Labor Statistics, there are thousands of workplace injuries every year, many of which result in lost time from work, medical expenses, and in some cases, permanent disabilities. These injuries can range from minor sprains and strains to catastrophic accidents involving machinery or falls from significant heights.
At Reese Legal in Orlando, Florida, we represent a wide range of clients who have been injured on the job. It’s important to understand both the common types of injuries that occur in the workplace and the steps involved in filing a workers' compensation claim.
What Are the Most Common Types of Injuries?
While any type of job can potentially lead to an injury, certain types of occupations or activities are associated with higher risks. Some of the most common workplace injuries include:
Slips, trips, and falls: Slips, trips, and falls are among the most frequent types of workplace injuries across various industries. Employees may slip on wet floors, trip over cables or obstacles, or fall from heights. This type of injury is particularly common in industries like construction, manufacturing, and hospitality, where uneven surfaces and hazardous materials may be present. Falls can result in fractures, sprains, head injuries, and back pain, all of which can require significant medical treatment and recovery time.
Overexertion injuries: Overexertion injuries occur when a worker strains their muscles or tendons due to excessive physical effort, such as lifting, carrying, or pushing heavy objects. These injuries often affect the back, shoulders, and arms and can result in conditions like muscle sprains, herniated discs, and tendonitis. Jobs that involve repetitive lifting, bending, or heavy physical labor—such as construction work, warehousing, and healthcare—are particularly prone to overexertion-related injuries.
Repetitive motion injuries (RSI): Repetitive stress injuries (RSI) are caused by performing the same motion repeatedly over time, often leading to inflammation or damage to muscles, tendons, and nerves. Common examples of RSI include carpal tunnel syndrome (a condition that affects the hands and wrists), tendonitis, and tennis elbow. These injuries are often seen in office workers, assembly line workers, and anyone who uses their hands or arms continuously for long periods.
Cuts, lacerations, and puncture wounds: Injuries involving cuts, lacerations, and puncture wounds are common in workplaces where employees work with tools, machinery, or sharp objects. These injuries can vary in severity from minor cuts to more serious wounds that require stitches or surgery. Workers in the manufacturing, food service, and construction industries are particularly vulnerable to these types of injuries.
Burns: Burns are a serious workplace injury, particularly in environments where employees work with hot surfaces, chemicals, or open flames. There are different types of burns, including thermal burns (from fire or hot surfaces), chemical burns (from exposure to hazardous substances), and electrical burns (from contact with live wires or faulty equipment). Employees in the food service, construction, chemical manufacturing, and healthcare industries are at a higher risk for burns.
Trauma from falling objects: In workplaces such as construction sites or warehouses, employees can be injured by falling objects, such as tools, machinery, or materials. These injuries can range from minor bruises to severe head trauma or broken bones, especially if proper safety protocols and personal protective equipment (PPE) aren't in place.
Vehicle and machinery accidents: Many industries, especially those in transportation, manufacturing, and construction, involve the use of vehicles or heavy machinery. Accidents involving forklifts, cranes, trucks, or other vehicles can result in serious injuries or fatalities. Injuries may include crushed limbs, spinal cord injuries, or head trauma.
Workplace violence: Workplace violence, including physical assaults, verbal abuse, and threats, is a less common but still significant risk. Healthcare workers, retail employees, and workers in customer-facing roles are particularly vulnerable. These incidents can result in physical injuries ranging from bruises and cuts to more serious injuries such as concussions, fractures, or emotional trauma.
Hearing loss: In industries like construction, manufacturing, and mining, prolonged exposure to loud noise can lead to permanent hearing loss. This condition is typically gradual, but over time, it can result in substantial impairment. Workers in noisy environments are usually required to wear hearing protection to reduce their risk of hearing loss.
Exposure to toxic chemicals or substances: Workers in industries like chemical manufacturing, construction, and healthcare can be exposed to hazardous materials, such as asbestos, lead, or toxic fumes. Long-term exposure to these substances can lead to serious illnesses, such as respiratory diseases, cancers, and neurological disorders. In some cases, the effects of exposure may not be immediately apparent, but may cause long-term health complications.
How Does Workers' Compensation Work in Florida?
Florida's workers' compensation system is designed to provide financial and medical benefits to employees who are injured in the course of their employment. Unlike personal injury lawsuits, workers' compensation is a no-fault system, meaning that an injured employee doesn't need to prove negligence on the part of the employer to receive benefits.
In Florida, workers’ compensation covers:
Medical expenses: Including doctor visits, hospital stays, prescriptions, surgeries, and physical therapy. These expenses are typically covered without any cost to the injured worker, and they may continue until the worker has fully recovered or reached maximum medical improvement.
Wage replacement: In the form of temporary disability benefits if the employee is unable to work. These benefits generally replace a percentage of the worker's regular income, helping with financial stability during their recovery period.
Permanent disability benefits: If the injury results in long-term or permanent disability. These benefits are designed to compensate for the ongoing loss of earning capacity and may be paid as a lump sum or periodic payments depending on the severity of the disability.
Death benefits: If a worker is killed in a workplace accident, their surviving dependents may be entitled to death benefits. These benefits often include compensation for funeral expenses and ongoing financial support for the worker’s family members, such as a spouse or children.
Of course, before you begin the process of filing a workers' compensation claim in Florida, it's important to understand the key steps involved to help make sure that your claim is processed efficiently and accurately.
Steps to File a Workers' Compensation Claim in Florida
By following the proper procedures and meeting all necessary requirements, you can help facilitate a smoother claims process and increase the likelihood of receiving the benefits. The steps you need to complete include:
Report the Injury to Your Employer: As soon as you’re injured, report the injury to your employer. Florida law requires employees to notify their employer within 30 days of the accident. Failing to report an injury in a timely manner may result in the denial of your claim. Be sure to provide specific details about the injury, including how, when, and where it occurred.
Seek Medical Treatment: After reporting the injury, seek medical attention immediately, especially if the injury requires urgent care. Florida law allows employers to direct injured workers to certain healthcare providers (known as the employer’s “authorized treating physician”). However, you may also be able to choose your healthcare provider for emergency care or if your employer doesn't provide a list of approved doctors.
File a Workers' Compensation Claim: Once the injury is reported, your employer should provide you with the necessary forms to file a workers' compensation claim. If your employer has insurance coverage, they'll report the injury to their insurance company. The insurance company will then assess your claim and decide whether to approve or deny benefits.
Wait For a Determination: The insurance company has 120 days to investigate your claim and make a determination. If the claim is approved, you'll receive benefits to cover medical expenses and a portion of your lost wages. If your claim is denied, you have the right to appeal the decision.
Appeal a Denied Claim: If your workers' compensation claim is denied, you can appeal the decision by filing a Petition for Benefits (PFB) with the Florida Division of Administrative Hearings. The PFB initiates the formal legal process for contesting the denial of benefits. An attorney experienced in workers' compensation law can be helpful in working through this process.
Consult an Attorney: While many workers handle their workers' compensation claims without legal representation, hiring an experienced workers' compensation attorney may help make sure your rights are protected, especially if your claim is denied or if you're facing issues with your medical care or wage replacement benefits. A lawyer can help you handle the challenges of Florida's workers' compensation system and gather necessary evidence.
Workplace injuries are an unfortunate reality, but reviewing the most common types of injuries and how to work through the workers' compensation process in Florida can help injured workers protect their rights and receive the benefits they need.
Contact an Orlando Workers' Compensation Attorney Today
If you’re injured on the job in Orlando, Florida, be sure to report the injury to your employer, seek prompt medical care, and follow the appropriate steps for filing a claim.
Consulting a knowledgeable Orlando attorney can help you pursue your benefits. Contact Reese Legal today to schedule a consultation.