Protective Equipment & Workers’ Compensation In Florida

A major component of keeping workers safe on the job is personal protective equipment (PPE), particularly in certain industries where one’s safety is routinely at risk. In most cases, the use of PPE drastically lowers one’s chances of being injured at work – but if you do get hurt on the job, its presence or absence can play a role in your getting the workers’ compensation benefits you seek.

Who Bears Liability?

The definition of PPE will vary from industry to industry, but most use the term in connection with clothing or accessories designed to minimize the immediate risks of a physical job – for example, hazmat suits, face masks, hard hats, and the like. Many employers may not strictly require its use, but they are generally required by federal law to provide it and give instructions on how it should be used.

If you are involved in a workplace accident, and it happened (either completely or partially) due to your own refusal to wear PPE, Florida law holds that any benefits you may receive as a result of a workers’ compensation claim will be reduced 25 percent. However, if your PPE was defective, or you were not instructed in its use, the outcome of your case may be quite different.

Gathering Information Is Crucial

If you have been injured at work and you suspect that a lack of PPE, or defective PPE, played a role, you may be able to hold your employer liable for any injuries you suffered. Workers’ compensation cases are somewhat unique in U.S. law in that an employee normally gives up the right to sue their employer if they are injured in exchange for workers’ compensation benefits. However, there are exceptions to this rule, including situations in which it is “virtually certain” for a worker to be injured.

Even if you are unable to file suit against your employer for a PPE-related injury, it is crucial to gather as much information as possible in case your application for benefits is denied. If you are able to establish a lack of PPE, or that your equipment was somehow defective, you may be able to overcome the presumption against granting benefits on appeal.

Contact A Maitland Workers’ Compensation Attorney

Being injured at work opens up a host of questions and concerns. The right attorney can help you manage the legal aspects of your case while you focus on physical recovery. A Maitland workers’ compensation attorney from the Hornsby Law Group will work hard to help you. Call our office today to schedule a consultation.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.09.html