Personal Injury FAQs

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.

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.

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.

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.

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!

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.

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.

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.

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

What can I do if I suspect a work-related RSI?

If you feel the symptoms are related to your job tasks, it’s important you notify your employer right away and see a doctor. But you must follow the workers’ comp system’s rules. Waiting too long to seek medical treatment and legal advice will not only hinder the recovery process but also make it more challenging to receive workers’ compensation benefits. You must explain to your doctor when you started experiencing these symptoms and how it happened. The doctor may recommend you stop working for a while or work part-time to allow your repetitive strain injury get better. Some work restrictions may apply such as time limits on how long to perform specific tasks and taking frequent breaks.

When is a lawyer unnecessary?

If your injury is not work-related and it doesn’t result in permanent injuries or require extensive medical treatment and long periods off work, chances are workers’ comp will not cover it.

What steps can I take to prevent workplace injuries?

Some steps you can take to prevent workplace injuries include:

• Attend workplace safety workshops
• Report poor lighting, wet floors, broken nails, or any other hazard
• Put away workplace equipment when not in use
• Use the right ladders when trying to reach items on high shelves
• Don’t store heavy objects up high
• If possible, invest in a good ergonomic chair to keep your body in a correct position and work comfortably
• If you have a stationary job, get plenty of exercise and take breaks to walk around.

What is a birth injury?

Injuries that are caused to the mother or newborn during childbirth or even the gestation process. They can vary considerably in their severity and their short- and long-term impact. While some cannot be avoided, others are completely preventable with careful and personalized medical care.

How do you detect a birth injury?

For parents and family members newly affected by such an impactful event, detecting symptoms can be complex. However, if you notice bruises or fractures in the baby's bones, difficulty moving, or poor control of their limbs, we recommend seeking immediate medical attention.

What are the most common birth injuries?

• Brain damage.
• Cerebrovascular accidents.
• Cerebral and facial palsy.
• Lacerations during cesarean section.
• Injuries caused by improper use of forceps.
• Encephalopathies.
• Injuries to the nerves that control the movement of the shoulders, arms, and hands.

How do I know if I have a valid claim in a birth injury case?

If you suspect that a negligent event caused your baby's injuries, the first step is to seek legal advice from our firm. In a free initial consultation, we can listen to you and evaluate the validity of your case. If your claim is successful, the negligent persons or institutions that injured the baby or the mother may be able to pay for their mistakes. Likewise, the affected family could receive compensation to help them stabilize financially and cover treatment, therapy, and lost wages for the parents who must now devote themselves entirely to the care of their son or daughter.

Do I really need an attorney for my Miami birth injury case?

The answer is yes; you really need a professional's help to file and win a case of this size. At our firm, we understand that every circumstance is unique and that you require the best possible guidance to understand the intricacies of the law in a malpractice lawsuit, especially since powerful institutions such as hospitals and reputable medical professionals may be involved.

Can I sue my workplace for a burn injury?

Yes, you could sue your workplace if the burn occurred during the performance of your duties as a result of negligent behavior and lack of safety measures. In Florida, injuries in this environment are covered by workers' compensation laws, which ensure that the employer is held responsible for the accident. Additionally, you can file a claim if the incident occurred as a result of the actions of a third party, such as the manufacturer of defective equipment.

What types of burn injuries are considered the most serious?

Burn injuries are classified as first, second, third, and even fourth-degree, depending on their severity. First-degree injuries are usually superficial and affect the more resistant layers of the epidermis, usually leaving less visible scars. Fourth-degree burns are those that often result in permanent disabilities, limb amputations, or even death.

What is the time limit for filing a burn injury claim in Florida?

The time limit in these legal proceedings is two years from the date of the accident. However, some circumstances may cause modifications, such as the involvement of a municipal or government entity, the involvement of minor children, or the level of severity of the victims. While 24 months may seem long enough, it is vital to act quickly and seek the support of an experienced attorney as soon as possible.

What if your fire safety devices don't work when you need them?

Severe burn injuries can occur if your fire extinguishers, smoke detectors, or sprinklers do not work properly during a fire. The first step in these circumstances is to confirm whether the property owner or lessor was careless in providing you with these devices or whether the manufacturer produced devices with design or manufacturing flaws. Once these circumstances are established, you can file a claim and recover the payment you deserve for your injuries.

Where are burn injuries most likely to occur?

Burn injuries are most likely to occur in the workplace, especially in factories, construction sites, or restaurants. They are also likely to occur in the home as a result of fires, electrical or cooking accidents, traffic collisions, and in public spaces or properties such as shopping malls, parking lots, hotels, and recreational parks.

Can you file a lawsuit for a burn injury?

Yes, you can sue if you have suffered burn injuries in an accident due to irresponsible behavior on the part of another person or entity. You will need to prove that the accident itself was a result of negligent actions, such as the distribution of defective products or the lack of safety measures in the workplace.

How do you know if you have a burn injury that requires legal action?

You have the right to take legal action if your injuries were caused by the negligence of another party and if that party refuses to take responsibility for their behavior and compensate you for high medical costs, loss of income and wages, or a general decrease in your quality of life.