FAQS

Who is responsible for a boating accident?

In general, victims or their families can sue the parties responsible for the accident, including the ship operator whose negligent actions led to the crash or who failed to provide reasonable safety, the boat owner, boat Rental Company, and other passengers who acted negligently or recklessly. View Service

If I go on a boat and I have an accident, can I file a claim?

We need more information to give you adequate advice and to determine fault. However, in a collision between two boats, both boat operators can be blamed for the accident. Therefore, passengers injured in those two vessels may have a claim against boat operators, just like in a car accident case. View Service

What is the most frequent maritime accident in Florida?

Collisions between two boats are the most typical accidents in Florida. Statistics have shown that most accidents occur between a recreational cruise and a fishing boat, as boat operators tend to be distracted. View Service

In an accident between a speedboat and a sailboat, which party is more likely to be responsible for the crash?

It is difficult to answer this question since it all depends on the circumstances that led to the accident. Nevertheless, in a collision between a sailboat and a boat, it is more probable that the speedboat is more at fault than the sailboat because the rules of navigation require that the speedboats remain out of the reach of sailboats. If you have any other questions, do not hesitate to contact us today. Our Miami boating attorneys are at your disposal. View Service

How much time do I have to file a personal injury claim against a cruise line?

The deadlines or “statute of limitations” can vary in each state. If you wish to file a claim against a cruise line after being injured, your ticket generally includes some specific information about it. The statute of limitations for filing a claim in Florida, after an injury caused by negligence, is four years. For more information, contact a Gallardo Law Firm boating accident attorney, and we will provide you with more details. View Service

What occupations are at risk of exposure?

Workers in these occupations can suffer serious health issues:

Welders, Plumbers, Carpenters, Railroad workers, Painters, Construction workers, Insulators, Factory workers, Electricians, And many more.

What are the common chemicals that cause health problems?

Harmful chemicals can be found in any environment but they are most commonly found in industrial settings, and they may include:

Paints, Cleaning solvents, Dyes, Fuels and gasoline, Lubricants

Can I file a personal injury claim?

An injury on the job is not a personal injury claim but rather a workers’ compensation claim. However, when the injury was the fault of someone other than the employer, you may have a case against the individual or business responsible for the injury. This is called a “third party” case, which our Miami personal injury lawyers are fully equipped to handle. View Service

What happens when a worker dies as a result of exposure to toxic fumes?

In such cases, the family can pursue a wrongful death lawsuit to compensate the family beyond the workers’ compensation death benefits they are entitled to receive. View Service

What happens when the injury prevents you from working?

If the injury has prevented you from handling your responsibilities at work permanently, you may be able to pursue permanent disability benefits. View Service

How soon must I bring my toxic exposure case in Florida?

In Florida, your employer must file a notice of your claim with workers’ comp insurance seven days after they become aware of your injury. After this initial step, you will need to provide the insurance company with more information as requested. View Service

How difficult will it be to prove that a harmful toxin caused my injury?

It can be difficult to prove it on your own especially if the injury or disease has progressed slowly. You must prove that the toxin was a substantial factor in caused the injury, and you may need additional evidence gathered from the testimony of experts such as medical doctors, chemists, toxicologists, and so on. View Service

What to do if toxins are present at work?

According to the Centers for Disease Control and Prevention, there are several things you can do to reduce toxin exposure at work:

• Substitution – Replacing materials, equipment, and existing practices for less hazardous substances or methods can minimize exposure and the risk of injury /
• Isolation – A barrier can be placed between the hazard and the individual /
• Ventilation – The hazardous airborne substance can be removed mixed with uncontaminated air /
• Administrative control – Preventive programs, adjusted work schedules, and other practices can be implemented to reduce substance exposure /
• Protective equipment – It can help reduce exposure to toxic substances.

What work activities can cause sprains and strains?

These injuries can be caused by repetitive workplace activities, work tasks that require excessive force, awkward postures, and environmental factors such as slip and fall hazards. View Service

How to tell if you have a sprain and strain?

Keep in mind that a sprain is when the ligaments are overstretched and a strain is the tearing or overstretching of muscle and tendon. Symptoms of a sprain include inflammation, muscle pain, hampered movement, bruising and tenderness. Symptoms of a strain include weakness, cramping pain, bruising, immobility, and swelling. View Service

What should I do after a work injury?

According to Florida law, you have up to 30 days to report the injury to your employer. You will fill out forms such as the 1st Report of injury at the time you visit your workers comp doctor. This process can lead to a smoother claim. View Service

What are the most common types of pain caused by a sprain and strain?

The National Institute of Health lists the following:

pain and swelling, cramping, muscle spasms and weakness, difficulty moving the muscle

What kind of treatment is available?

Doctors often recommend physical therapy, adjustments, home exercises, elevation, compression, ice, and functional rehabilitation. View Service

What is medical care so crucial?

Strains and sprains are considered repetitive trauma, which can be difficult to prove and claim under worker’s comp. If you feel that certain part of your body is strained and the injury was partly caused by your job duties, talk to your employer so your injuries are documented properly and visit your doctor so that you can determine the impact of your job tasks on your pain level. You can also visit your employer’s worker’s comp doctor. Once the doctors agree that you are unable to work as a result of these injuries, you will ask your employer for the 1st Report of Injury form and file it accordingly. Don’t forget to contact a worker’s comp attorney in Miami to learn more about your rights and options. View Service

What occupations face the highest risk of receiving cuts and lacerations?

Some specific occupations are more at risk of receiving a laceration:

Cooks and chefs – when dishes are broken or when preparing food / Butchers – with the use of sharp knives and machines used to cut meat / Servers and wait staff – their line of work is exposed to cut and laceration hazards / Construction workers and roofers – construction sites can be hazardous and may cause lethal injuries

What are the most common causes of cuts and lacerations in the workplace?

Some of the possible causes of these injuries include:

Inadequate training, Lack of safety procedures, Rushing through work tasks, Not wearing proper protection, Equipment that’s not correctly adjusted or maintained

How can employers prevent cuts and lacerations?

To minimize the risk for cuts and lacerations, employers should establish work procedures that will help them identify and control these hazards. It’s crucial that body parts are kept away from hazards. Some control measures employers can implement include:

Training employees to follow work procedures, Keep adequate machine guarding, Wear personal protective equipment, Inspect tools prior to use and use them safely, Use the required tools for the job, Keep the item you are using secured, Replace blades when they become dull, Stand in a well-balanced position

What are the most common treatments available for cuts and lacerations?

The most common treatments for these injuries include ointments, stitching up the wounds and antibiotic treatments. Blood transfusions to replace blood loss and skin grafting to aid with wound healing may be needed for severe injuries. The most severe cases may require amputation to prevent infections and life-threatening situations. View Service

What does the recovery process look like?

Recovery can be extensive requiring medication to prevent infection, bandaging to ensure the patient heals properly, and physical therapy to gain mobility following ligament damage. Recovery may require the patient to take time off work, which will result in wage loss and emotional distress. Thankfully, workers’ comp may be available for your specific circumstances. Call a Miami workers comp attorney to find out more! View Service

What if I don’t receive my workers’ comp?

If you have problems getting workers’ comp, you need to call a workers’ comp attorney in Miami to dig deeper into your case. At Gallardo Lawyers we offer a free case evaluation. View Service

What happens if my employer doesn’t have workers’ compensation insurance?

When employees are injured at work, they generally go through the state’s workers’ compensation system to get reimbursement for their medical bills and receive other benefits such as partial wage replacement, among others. Workers’ comp is available in a matter of weeks. Employers in Florida are required to carry workers’ compensation insurance when they have four or more part-time or full-time employees. While you may sue your employer in your situation, suing your employer in court through a personal injury claim can be long and complex. Contact your attorney to find out more. View Service

What are the jobs with higher exposure to noise?

There are several types of jobs that have a higher risk for exposure to noise:

construction work, agricultural and farming, airline ground maintenance, assembly line plants, any other job that requires blasting

What other difficulties can exposure to noise cause?

Long-term exposure to noise may cause permanent hearing damage and short-term exposure may only cause a temporary change in your hearing. Other difficulties linked to noise exposure include:

less productivity, increased risk of accidents, physical and psychological stress, interferes with concentration and communication, limited ability to understand speech and impaired ability to communicate

What are the common symptoms of repetitive strain injuries?

Some of the symptoms of RSIs include pain, numbness, tingling, less flexibility, and motion. Unfortunately, many workers don’t feel these symptoms during the early stages or may experience them when holding a specific posture. If you aren’t treated, you will eventually experience these symptoms permanently. View Service

Who is more at risk for a repetitive stress injury?

A repetitive stress injury is more common on people working with computers since these type of jobs require a keyboard, mouse, touchscreen, and so on. But there are also other job tasks that may involve repeated micro-movements such as lifting and carrying equipment or holding an uncomfortable position. Other high-risk jobs for repetitive strain injuries include:

Housekeeping cleaners, Bus drivers, Nurses and healthcare aides, Delivery workers, Firefighters, Musicians and athletes