Florida Injury Victim Lawyer Blog

A memorial service is scheduled for 10:30 a.m. Thursday at Juno Beach Town Center for Juno Beach Police Officer Tiffany Renee Russell, 24, who died early Sunday in a single-car accident on Southwest Citrus Boulevard, 2 ½ miles north of Boat Ramp Road in Palm City.

The driver of the car, Lynda Kruse, 23, of Stuart, also died of injuries in the accident.

Juno Beach Police Chief Dennis Weiner said the memorial is limited to family, friends, the Juno Beach community and local law enforcement.

Kruse was driving a 2003 Mini Cooper north on Southwest Citrus Boulevard when she failed to navigate a curve, according to the Florida Highway Patrol report. The car went off the road and flipped several times, ejecting the two women, the report stated.

Spokesman Lt. Tim Frith said a Martin County sheriff’s deputy found the overturned car and the women in an off-road wooded area at about 6 a.m. Both women died at the scene after the 2:45 a.m. crash.

Ann Gent, a Juno Beach police dispatcher, said all officers from the small department were being notified of Russell’s death. “Everybody’s close to everybody, and it’s going to impact the department,” Gent said.

Russell had been working there for about 1½ years, the department’s press release stated.

“In that short time she had become a valued part of our community, a dedicated officer and a great friend to all of us here,” the release stated.

A fund has been set up for Russell’s 2-year-old daughter, Hailey Troutman, at SunTrust Bank. It is open for anyone to make a deposit in memory of Russell for the future care of her daughter. The account title is Hailey Troutman AMB Chad Troutman, account number 1000082209049.

The FHP report said neither Kruse nor Russell were wearing a seatbelt. The accident is under investigation.

News Source: TCPalm

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A company at Port Everglades in Fort Lauderdale, Florida faces $88,200 in fines in connection with a cargo ship accident that killed three workers earlier this year. The company, Florida Transportation Services, denies wrongdoing.

Florida workers Hayman Sooknanan, 47, James Cason, 43, and Rene Robert Dutertre Jr., 25, died May 20, after inhaling argon gas that was leaking from a storage container aboard a ship they were working in. Argon is a colorless, odorless gas used for welding and in light bulbs. It's not toxic, but it can displace oxygen within a confined space. An autopsy by the Broward medical examiner determined that the three men suffocated.

On Friday, the U.S. Occupational Health and Safety Administration (OSHA) cited Florida Transportation Services for five alleged violations, including failure to properly train workers on how to detect the release of a gas such as argon.

But company owner John Gorman Jr. said his workers were properly trained. He said in a statement that ''FTS remains committed to the safety of all its employees. We look forward to meeting with OSHA to clarify information that may not have been considered in the investigation. In the meantime, we continue to think about the friends we lost, and keep their families in our prayers.''

OSHA said its ''proposed penalty''is $63,000. The agency put the charge in its "willful'' category, which is the most severe. Willful violations are those committed with plain indifference to, or intentional disregard for, employees' safety and health.

According to OSHA, the company also:

• Allowed ''non-designated persons'' to enter a hazardous environment.

• Loaded an argon tank with a damaged identification number into the ship.

• Didn't use an alarm system to warn workers about the gas leak.

• Didn't establish evacuation procedures to be used in this type of emergency.

OSHA described all four of these charges as ''serious,'' which means the agency thinks ''death or serious physical harm is likely to result from a hazard'' the employer knew or should have known about about. The agency proposed a fine of $25,200 for those alleged violations. However, OSHA often negotiates reduced fines with companies.

Friday's citations weren't the first OSHA has issued against Florida Transportation Services. The agency has fined the company more than $101,000 since 2006. In an August 2006 inspection, OSHA investigators flagged 19 safety violations at the company's Port Everglades operation, including a $1,500 penalty for exposing dock workers to potential ''crushing'' from trucks and forklifts around the docks. Less than five months later, on Jan. 6, 2007, 40-year-old worker Jorge Alberto was crushed between a concrete pole and a forklift unloading steel bars from a cargo ship. Alberto, of Hialeah, died five days later. Following Alberto's death, OSHA cited Florida Transportation Services for eight more safety violations, and the company was ordered to pay $80,780 in fines. The company has operated at Port Everglades since 1981.

News Source: Miami Herald

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The Florida Supreme Court in the case of Emma Murray v. Mariner Health and ACE USA, No. SC07-244 ruled that Florida's Workers' Compensation Law allows injured workers to receive "reasonable attorney's fees" from the insurance carrier where the employer and its insurance carrier wrongfully deny benefits and the claimant prevails.

As a Florida attorney who represents injury victims in workers' compensation claims in Florida for more than 15 years I can say that this case represents a substantial victory for Florida's injured workers. Prior to the Supreme Court's ruling in this case Florida's lower courts held that an attorney representing an injured worker was only entitled to recover a small statutory percentage of the benefits paid to the claimant. However, the employers and their insurance carriers had no such restriction and they were able to pay their attorneys as much as they wanted. This not only encouraged the insurance carrier to wrongfully deny legitimate claims it encouraged insurance companies to not provide injured workers the much-needed benefits they are required to provide under Florida's Workers Compensation Laws.

Now injured workers will be placed on a more equal playing field with their employers and their insurance carriers since they will be able to obtain legal representation to help them fight their case in Florida's Workers Compensation Courts should an employer and their insurance carrier choose to wrongfully deny benefits to an injured worker. Additionally, insurance companies will be discouraged from wrongfully denying benefits to injured workers since they will be responsible for paying a reasonable attorney's fee to the injured worker in cases where they wrongfully deny benefits and the injured worker prevails.

Below is a copy of the Opinion issued by Florida's Supreme Court:

Continue reading "Florida's Supreme Court Rules in Favor of Injured Workers" »

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Florida's First District Court of Appeals in the case of Whitaker v. North American Tank Lines, Inc. ruled that where an employer/carrier defends a workers' compensation claims for temporary wage benefits based upon the defense that the claimant voluntarily limited his or her income the employer/carrier then has the burden of proving that at least one job existed within the injured worker's limitations.

In this case the injured worker attempted to return to work in his job as a tanker truck driver but due to the physical limitations caused by his workers compensation accident he was unable to perform the work assigned to him and the injured worker "voluntarily left his job."

Based upon the ruling in Myers v. Hillsborough County School Board, 911 So.2d 851 the court ruled that the voluntary limitation of income defense failed because the employer/carrier failed to prove that at least one job existed within the injured worker's limitations. For the same reason that defense failed in this case.

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The First District Court of Appeals in the State of Florida in the case of Palm Beach County School District v. Francis Ferrer ruled that an injured worker's voluntary dismissal of a petition for benefits prior to the scheduled final merits hearing triggers the provision under F.S. 440.34(3) in Florida's workers' compensation laws which states: "If any party should prevail in any proceedings before a judge of compensation claims or court, there shall be taxed against the non-prevailing party the reasonable costs of such proceedings, not to include attorneys fees."

Applying the plain meaning rule of statutory construction the court stated "the prevailing party is entitled to the reasonable costs incurred in the proceedings before the judge of compensation claims. Whether the dismissal was taken with or without prejudice has no bearing on this result." Citing Thornber v. City of Fort Walton Beach, 568 So.2d 914 (Fla. 1990) the court went on to state that "A defendant generally becomes the prevailing party when a plaintiff dismisses its action."

This case could potentially have a chilling effect on injured workers by discouraging them from filing claims against their employers and insurance carriers for workers' compensation benefits due to a fear of having to pay the costs of the defense should they not prevail. While I think this may be a valid fear there are ways to avoid this exposure such as entering into an agreement with the employer/carrier for each party to bear its own costs should a voluntary dismissal be necessary or the filing of a Notice of Dropping Party rather than a voluntary dismissal in the case where the wrong employer or insurance carrier is identified in the petition for benefit.

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A rollover accident on Interstate 95 in Hollywood ejected and killed the car's teenage driver early Wednesday, according to the Florida Highway Patrol.

The victim, a 17 year old, flipped a 2003 BMW 745-I on the northbound I-95 exit ramp to Hollywood Boulevard. She was not wearing a seat belt, FHP said.

While trying to get off the interstate, she veered to the right, striking a metal guardrail, and then back to the left. The car then hit a wall, veered into a second wall and flipped. The impact tossed the victim from the car, killing her at the scene.

As a Florida accident attorney I have represented many victims of Florida automobile and truck rollover accidents. These accidents can be caused by someone's negligence such as driving at excessive speed, driving while impaired, reckless driving, improper lane change or defective products such as tires or motor vehicles, to name a few. Unfortunately, due to the design of most vehicles on Florida's roads they are not able to sustain the excessive force applied to the roof of the vehicle when it rolls over. The roofs of the vehicles are frequently crushed during the accident causing the occupants to sustain severe injuries and even death. It is far too common to hear of occupants being "thrown from the vehicle." This can be due to the occupant's failure to wear a seat belt or possibly seat belt failure.

If you or one of your loved ones has been involved in a rollover accident or wrongful death automobile accident and are unsure about your legal rights you should contact an attorney. For your convenience the lawyers at the Payer Law Group are available for a free consultation at your home or office.

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A pair of teens on an all-terrain vehicle smashed into a tree in Baker County Monday afternoon and are in serious condition.

Neither of the boys had a helmet on in the 3 p.m. accident, according to the Florida Highway Patrol.

Michael Jewel, 17, of Sanderson was driving and Thomas Harvey, 17, of Glen St. Mary was the passenger. They were on Fredrick Raulerson Lane when they lost control of the ATV, the Highway Patrol said.

These types of ATV accidents highlight the dangers involved in riding on one of these powerful vehicles. While riding on an ATV can be a lot of fun it can also be very dangerous. Wearing a helmet while riding on an ATV is a necessary precaution and can help prevent serious injuries should an accident occur.

Let's hope these two boys make a full recovery.

News Source: The Florida Times-Union

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As a Florida lawyer representing injury victims in workers' compensation and all personal injury cases people frequently ask me what they should do if they are involved in a work related accident. Here are some general guidelines I tell people to follow:

1) Call 911 and immediately get the emergency medical treatment or care you need for your injuries.
2) Notify your employer of the accident, preferably in writing. There are strict time limitations for notifying your employer of a workers' compensation injury under Florida's workers' compensation laws that need to be complied with or your claim could be denied.
3) Ask your employer to provide you with medical care through their workers' compensation insurance carrier. If your employer refuses to provide this immediately seek legal representation.
4) Do not go to your own personal physician unless your employer or their workers' compensation insurance carrier refuses to provide you with a workers' compensation doctor.
5) If your employer delays sending you to a workers' compensation doctor or at the very least providing you with the contact information for their workers' compensation insurance carrier immediately seek legal representation.
6) Always keep copies of all documents related to your employment and your workers' compensation accident including medical records, notice of the accident to your employer as well as any checks or documents you receive from your employer's workers' compensation insurance company.
7) Contact a Florida workers' compensation attorney for a free consultation to discuss your rights and obligations under Florida's workers compensation laws.

If you were hurt on the job, call Payer Law Group toll free at 1-877-854-4442 to find out about your right to recover workers' compensation benefits as well as your obligations under Florida's workers' compensation laws. There are technical rules about the amount of benefits injured workers may receive under Florida's workers' compensation laws and complex procedures for obtaining those benefits. It is vital that you act fast, so you do not risk losing benefits because you waited too long.

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A Florida student has died in a truck accident after a tractor-trailer rear-ended a school bus in an accident in northern Florida.

A spokesman for the Florida Highway Patrol told reporters that both vehicles caught on fire in the accident Tuesday. About 20 people were aboard the bus, and all the students are believed to have been accounted for.

Six students and both drivers were taken to area hospitals with non-life threatening injuries. The bus was transporting students from North Marion Middle School and North Marion High School.

The cab of the tractor-trailer completely burned, while the back of the bus had some fire damage.

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As a Florida personal injury attorney people often ask me what they should do if they're injured in an automobile accident. Here are the general rules I tell them to follow:

1) Call 911 to get help for anyone that may have been injured in the accident.

2) Call the police in order to document the accident with the appropriate type of police report or exchange of drivers' information form.

3) Do not discuss the accident with anyone, except to answer questions asked by police officers.

4) Do not take any blame for the accident.

5) Gather the following information from the other driver(s): Name, Address, Phone Number, Drivers' License Number, Date of Birth, Name of their Automobile Insurance Company and Policy Number.

6) Get follow up medical treatment with a doctor. Remember, it is common for pain to develop days after the accident.

7) Contact an attorney with Payer Law Group toll free at 1-877-854-4442 for your free consultation. We will explain your rights and duties as a result of the accident and will fight to obtain the maximum recovery for your injuries and losses.

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As a Florida attorney who represents injured workers in workers' compensation cases I frequently deal with the strict time limitations placed on injured workers under Florida's workers' compensation laws. In most cases under Florida's workers' compensation laws an injured worker is required to notify their employer of the accident and/or injury within 30 days from the date of the accident and/or injury.

Florida Statutes 440.185(1) states:

An employee who suffers an injury arising out of and in the course of employment shall advise his or her employer of the injury within 30 days after the date of or initial manifestation of the injury. Failure to so advise the employer shall bar a petition under this chapter unless:

(a) The employer or the employer's agent had actual knowledge of the injury;

(b) The cause of the injury could not be identified without a medical opinion and the employee advised the employer within 30 days after obtaining a medical opinion indicating that the injury arose out of and in the course of employment;

(c) The employer did not put its employees on notice of the requirements of this section by posting notice pursuant to s. 440.055; or

(d) Exceptional circumstances, outside the scope of paragraph (a) or paragraph (b) justify such failure.

If an injured worker fails to notify his or her employer within this 30 day time period their claim will probably be denied by the employer and its workers' compensation insurance carrier.

In order to avoid this potentially devastating pitfall I strongly encourage injured workers to notify their employer of the accident and/or injury in writing and to keep a copy of that document for future reference. Having handled over a thousand workers' compensation cases in Florida I frequently encounter employers who deny notice of the work accident and/or injury even though they were verbally notified of the accident and/or injury by the injured worker verbally in an attempt to wrongfully deny the workers' compensation claim. At that point it's the injured worker's word against that of his or her employer and as you can see the chances of winning are 50/50 at best.

If you or one of your loved ones has been the victim of a work related accident you should get a free initial consultation with an attorney in your area in order to better understand you rights and just as important, your obligations under Florida's workers' compensation laws. These laws can be quite complex and place strict time limitations on the injured worker. If these time limitations are not complied with your workers' compensation can be denied. I can assure you that the adjuster on your claim has an attorney counseling him or her, shouldn't you?

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A 33-year-old Florida woman was struck and killed by a tractor-trailer while she was standing beside Interstate 75 and was attempting to put gas in a sport utility vehicle. The fatal accident occurred at about 12:40 p.m. Tuesday beside the northbound lanes at the Southwest 20th Street overpass, according to the Florida Highway Patrol. The FHP has identified the victim was Aymee L. Tanis.

Witnesses told FHP troopers that a blue and white 1990 Ford Bronco was stopped in the emergency lane and the victim was pouring gasoline in the tank. Her back was turned to the traffic.

A tractor-trailer bearing the name CV Transport, of Georgia, was heading north in the right-hand lane and crossed the outside white line and struck her, according to troopers at the scene. The woman’s body was thrown 120 feet and landed in the emergency lane. She was dead on the scene.

The truck driver, Earl Bullock, 42, of Georgia, had been driving back after delivering empty egg crates to Tampa, according to the FHP. It was an accident, said Bullock, who appeared very upset after the crash. “It is something that I’ve got to live with for the rest of my life. If I could, I would give her life back.”

David Angry, who works for Safelite AutoGlass, said he witnessed the accident. He was in the center lane and the truck was in the outside lane. All of the sudden, he saw the tractor-trailer veer into the middle lane, Angry said. “I knew what had happened when I saw the truck started veering.” The truck came to a halt about 200 yards from the Bronco.

As a Florida personal injury attorney I have represented many victims of truck accidents. Truck accidents like this underscore the many dangers Florida residents face every day when traveling on Florida's roads. While trucks are necessary commercial vehicles they are dangerous vehicles that are capable of traveling at high speeds and are more difficult to control and take much more distance to stop than your average personal motor vehicle. For this reason truck drivers are regulated and are required to obtain a special license that allows them to drive a truck in Florida.

News Source: Austin Miller, Star-Banner

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