Added Risks for Workers Toiling Under the Sun

Every occupation carries its own types of risks and possible injuries, particularly those involving manual labor and the use of heavy machinery. However, in the peak of summer when record high temperatures combine with a suffocating humidity, employees left to work outdoors in the stifling heat face a new and dangerous work hazard. Heat-related injuries and death account for thousands of hospitalizations every year, many of which require the counsel of an Orlando workers compensation attorney. Although heat exhaustion can be easily prevented with proper diligence, neglectful employers will sometimes put their workers at risk and suffer serious consequences.     

Dangerous Jobs Made More Dangerous

The symptoms of dehydration and heat exhaustion cause headaches, dizziness, nausea, and confusion. The resulting muscle weakness, cramps, and spasms can cause a worker to become clumsy and dangerously disoriented. Often by the time such symptoms are noticeable, an immense risk of injury already exists. An experienced workers compensation attorney in Orlando will point out the employer’s responsibility to closely monitor the well-being of workers during high temperatures.

The most dangerous summertime occupations include:

• Roofers – The risk of falls and accidents is substantially higher during summer months.
• Road Crews – Many road crews work at night to avoid intense daytime heat, but now face the added risk of negligent drivers.
• Farmers
• Landscapers
• Construction Workers

A busy tourist season also contributes to a few of these dangerous work hazards. Heavy traffic and dense crowds of distracted visitors are a common problem when working outdoors.   

Orlando Workers Compensation Attorney for Injured Minors

Many teens will find seasonal work during the summer months in a variety of industries, including those listed above. Studies report that a teenage worker is killed on the job in the United States every 14 days. A workplace injury to a minor occurs every 9 minutes. One such cause for this unfortunate statistic is that employers will allow younger and more active employees to take on the more challenging tasks, resulting in added risk to the well-being of minors.

To dissuade such negligence, the state of Florida specifies added compensation benefits for injured workers under the age of 19. A partial or permanent disability is significantly more costly when the victim is a minor. Always consult immediately with a workers compensation attorney in Orlando if your son or daughter is injured during a summer job.     

OSHA Safety Prevention and Standards

The Occupational Safety and Health Administration (OSHA) leads an annual preventative program specifically targeted towards outdoor laborers working in extreme summer heat. Regulation standards require that employers provide adequate drinking water, shade, and reasonable breaks to rest from work in the sun. It is the duty of the supervisor to remain aware of when workers are in of respite and to formally post a plan to treating and preventing heat-related illnesses. Every knowledgeable worker’s compensation attorney in Orlando is prepared to build a case in response to summer injuries and heat-related illnesses.

What makes a person considered disabled?

The Social Security Administration defines disability in the following way:

“… the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”

In other words, any condition or illness that limits your ability to work for more than a year is qualified to claim disability. This includes a wide range of impairments from cancer and schizophrenia to spinal injuries, brain trauma, and everything in between. Some conditions, like blindness, are easy to prove and can clearly inhibit a person’s work ability, but some cases are more difficult to accurately assess and require guidance from an experienced disability attorney in Orlando to make a veritable claim.

Who determines disability status?

The SSA uses a 5 step process to determine eligibility and benefits.

• • Step 1. An applicant’s income and work activity are evaluated to determine if he or she is above the SGA limit. 
  • Step 2. The severity and expected duration of the applicant’s condition are assessed. 
  • Step 3. The applicant’s condition is compared to the severity of disabilities listed in the blue book.
  • Step 4. The applicant’s work history is evaluated to determine that he or she is unable to reasonably continue work or begin new work.
  • Step 5. The SSA must prove if adjustments can be made to the applicant’s work in order to continue employment.

What is Substantial Gainful Activity?

The SSA uses a standard of substantial gainful activity (SGA) to determine if an applicant’s income is sufficiently hindered enough to claim benefits. In general, if you are unable to earn more than $1,170 per month than you are below the SGA limit.

Can I qualify for automatic approval?

The SSA official Listing of Medical Impairments, also known as the blue book, specifically lists all physical and mental impairments considered to be legally disabling. If you are diagnosed with a condition included on this list, you automatically considered eligible to receive benefits.

Can I still qualify for benefits, even if my condition is not listed as a known disability?

Yes. Any condition that impairs your ability to work is reputable grounds for a claim. Disability lawyers in Orlando, FL can assist you with collecting the necessary evidence to prove your case.

Does my disability have to be permanent?

No, if you have suffered from your condition for at least 12 months, or if your condition is expected to last more than a year, then you have a right to claim benefits. 

Can I still work and claim benefits?

Yes. You may work while collecting benefits as long as your monthly income is not above the set SGA limit. There are certain exceptions for specific cases, so be sure to go over this with your disability attorney in Orlando.

Once denied, can I reapply?

Yes. 90 percent of disability applicants are denied and must reapply.

Do I need to hire an Orlando disability attorney?

In most cases, yes. Multiple cases of fraud make the application process detailed and often difficult, with many possible causes for denial. A single overlooked document, missed appointment, or lost piece of evidence will force you to start the entire process over again. Guidance from qualified disability lawyers in Orlando, FL will oversee all the necessary details and save you time and hassle.

One of the most prevalent difficulties for both employers and employees involves the full knowledge and understanding of workers compensation in Florida. Consulting with a qualified Orlando workers compensation attorney can quickly clear up most fallacies, but all too often people learn of these common errors when it is too late. Below are some of the most frequently heard myths about workers compensation.

Employees are Covered by Orlando Workers Compensation for All Injuries

Agricultural workers, domestic workers, and independent contractors are not covered by the same labor laws and workers compensation mandates as other workers. These regulations vary from state to state as well, so it is wise to speak to your employer about insurance coverage when you are hired.

Certain types of injuries may be difficult to claim under Orlando workers compensation if it cannot be made clear that your injury was part of your work. For example, if you suffer a heart attack or stroke while on the clock, you may have to prove that this incident was a direct result of your work and not an unfortunate coincidence.    

People Claim Workers Comp Because They Do Not Want to Work

Recent studies have shown that most employees are eager and willing to return to work during their recovery. Companies that offer “back to work” programs, provide less strenuous transitional duties during recovery periods, and check in regularly on the well-being of injured employees  see a larger percentage of those employees returning to their original employment. Furthermore, these same businesses end up owing less money towards missed wages.

A large number of injured workers enjoy the routine and familiarity of the workplace and want a return to normalcy without the stress of hiring an Orlando workers compensation attorney. While people tend to believe that fraud is a regularly occurring event, studies have shown that fewer than 2 percent of workers compensation claims are proven fraudulent.  

Workers Compensation is Expensive for Employers

Not only is workers compensation both affordable and valuable for employers but the entire concept was created in order to benefit and protect employers. Before the establishment of this specialty insurance in the United States in the early 20th century, injured workers would sue their employers directly in court. The process was time-consuming, costly, and stressful. Today, when you claim work-related injuries, you are not suing your employer. Instead your Orlando workers compensation attorney will file a ‘Petition of Benefits’ to the insurer of your employer.

My Employer Will File My Claim

Your employer is only required to report your injury to the insurer. Every step taken further in obtaining your claim is the responsibility of you and your Orlando workers compensation attorney.

I Cannot Claim Compensation If It Is My Fault

The Florida Workers Compensation Act mandates that all workplace injuries are protected on a strict “no-fault” basis. Exceptions do exist, however, for cases of extreme negligence. If, for example, a drug test reveals that you were intoxicated at the time of your injury, you will not be eligible for benefits. Also if your employer were to injure you not by accident but in a deliberate attempt to harm you, “employer immunity” would no longer be enacted, and you could sue your employer directly (perhaps trade your Orlando workers compensation attorney for a personal injury lawyer).

I Cannot Claim Compensation As 1099 Employee

Independent contractors are not covered by the same regulations as other employees, but many employers misleadingly have their employees sign 1099s when they do not, in fact, meet the criteria for independent contractors.

According to the Center for Disease Control, 1 in 5 Americans currently suffers from a disability. Unfortunately, most disability claims are denied, and many disabilities go improperly diagnosed. Disability lawyers in Orlando, FL are experienced to recognize a number of common disability traits and build a case for an irrefutable claim for assistance. A better understanding of your disability and how to classify its symptoms will quickly advance your claim so you can receive your earnings.

Difficulty with Mobility

The most common claim for disability in America involves injuries or illnesses that limit a person’s ability to comfortably move around the house or effectively continue work. Back and spinal injuries are especially prominent as they are often accompanied with extreme pain that worsens without proper treatment. Heavy lifting, car accidents, and falls even for someone that was relatively fit, to begin with, can result in lifelong disability.    

Cardiovascular diseases are strongly related to most disability cases and are especially common in the South. Disability lawyers in Orlando, FL frequently represent clients suffering from the consequences of cardiovascular disease. A weak heart can limit a person’s ability to remain active for even brief periods, increasing the risk for further illness with too much exertion.

Cognitive Disabilities

Mental illness exists in many Americans today and can be difficult to properly diagnose. Concussions and head trauma also commonly result in failed cognitive functions that make normal functioning difficult and sporadic. A qualified disability attorney in Orlando will help assess the complexities of struggling cognition in order to thoroughly diagnose how your impairment affects everyday life. 

Despite the stigma, substance abuse is a serious impairment that drastically impacts every part of a person’s life. A physical addiction can cause the body to suffer to debilitating withdrawals and even death if proper treatment is not made readily available.

Vision and Hearing

14 million Americans suffer from vision impairment and 48 million struggle with some degree of hearing loss. In the mildest cases, many people are still able to succeed in a fairly normal home, work, or school life, but many cases require substantial assistance in order to regularly function. Even moderate hearing or vision loss can make everyday chores, difficult, dangerous, or completely impossible.   

Independence and Self Care

Many common disorders make it difficult to run errands, clean house and maintain a generally responsible lifestyle. If you suffer from a neurological disorder like Parkinson’s or epilepsy or a blood disorder like leukemia, the severity of your condition may leave you constantly dependent on a caretaker or force you to make alterations to your home, including the addition of a home lift as seen on this webpage.   

Some conditions leave a person entirely dependent on the help of others. For example, paralysis can require a caretaker’s assistance for using the bathroom, bathing, and eating. Many people suffer from extremity impairments, where hands or feet have become unusable. This condition is common after injuries or arthritis. Your Orlando disability attorney will help ascertain the exact level of care and assistance your case requires.

As an experienced workers compensation attorney in Orlando, we see clients daily suffering
from the surprisingly common workplace injuries of their industry. Jobs that do not always seem immediately dangerous can still expose workers to heavy machinery, falls, illnesses, and other grave risks that often result in hefty medical bills and death. Many responsible employers will emphasize work safety procedures and continued education to protect the well-being of employees but always stay in touch with an Orlando workers compensation attorney to ensure you stay protected.

Construction and Manufacturing

OSHA standards have continually improved the risk of fatalities and injuries for construction and factory workers over the years, but the work is still regarded as one of the most dangerous in America and around the world. The leading cause of fatalities and injuries comes from falling off structures and being crushed by heavy machinery. Safety compliance procedures help reduce the number of yearly incidents, but negligence still occurs at a very high cost.   

Farming

Employees in the farming industry are exposed to an exceptionally high risk of not only heavy machinery but also large animals that are exceedingly more unpredictable. Farming accidents account for hundreds of fatalities and thousands of injuries, including child laborers. 

Roofing

Roofing jobs carry one of the highest incidence rates for work-related deaths and injuries, largely due to falls that contribute to spinal damage, concussions, broken bones, and worse. Because the long-term effects of a fall can be difficult to clearly ascertain, you may need assistance from an Orlando workers compensation attorney to ensure that your total treatment is properly compensated. 

Nursing

Nurses and nursing assistants risk constant exposure to a commonly overlooked workplace threat. Illnesses and diseases brought in by contagious patients will commonly infect their caretakers. Furthermore, working long hours can weaken your immune system, making you more susceptible to colds and influenza. A qualified workers compensation attorney can help recover lost wages for nursing professionals who miss work while battling an illness.

Retail

Recent studies revealed a surprising statistic that retail and warehouse employees suffered from disproportionate numbers of injuries and workplace fatalities. Retailers especially, risk a potentially deadly combination of exposure to illness, falls, heavy lifting, and robberies. According to the National Institue for Occupational Safety and Health, retail employees accounted for more than twice the average fatality rate of warehouse employees.

The most common causes of retail fatality (ordered from highest to lowest): 

• Assaults and violent acts
• Transportation incidents
• Falls
• Contact with objects and equipment
• Exposure to harmful substances
• Fires and explosions

Retail incidents may require assistance from an Orlando workers compensation attorney when the injuries are due to long term strain and not necessarily a single incident. Back and knee injuries are a common complaint among retailers that are not always provided the proper moving and safety equipment.

Veterinarian and Animal Car

Any industry involving animals puts employees at risk for bites, maulings, tramplings, and even scratches that can become dangerously infected. The unpredictable nature of animals, particularly those that sick, injured, or frightened, makes animal care for vet clinics, farms, and zoos, especially high risk.