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Ocala Personal Injury Blog

Hazardous chemicals need special handling

"Handle with care" is a good rule of thumb to follow in any workplace. It is especially important for Florida workers who find themselves handling hazardous materials in the course of their workday.

When hazardous chemicals are involved, employers may want to discuss safety rules and precautions in a meeting and ask employees for suggestions for other safety tips, according to Environmental Health and Safety. This will give workers a sense of ownership with the result of employees being more likely to follow the rules.

Couple wins an appeal of a bad faith decision

An insurance company attempted to defeat a couple's bad faith insurance claim because the homeowners had not completed any legal actions regarding breach of contract. The trial court agreed that the plaintiffs needed to show that they had already gained a favorable ruling against the insurance company before making a bad faith claim. The court dismissed their case, but the appeals court reversed the decision and sent the case back to trial. The Florida appeals court rejected the citation of a 1991 case as justification for dismissing the case. It found that the language in that decision did not establish breach of contract actions as prerequisites for bad faith lawsuits.

The homeowners had collected the full extent of their insurance policy for sinkhole damage to their home, which they submitted as evidence of the insurance company's liability in the case. They had already gone through a long process with the insurance company prior to filing a bad faith claim. The insurer had originally accepted that the policy could pay for repairs to address sinkhole damage but then insisted that a sinkhole was not present.

Prevent pool injuries with these strategies

There are millions of swimming pools and hot tubs around the country, according to the Centers for Disease Control and Prevention. While they can increase a home's value and provide the setting for summer fun, Florida residents must take steps to keep people safe in their vicinity. Ideally, pool or hot tub owners will install a fence that is at least 4 feet high. The fence should have a latch, and items that could be used to climb over it should be kept in other locations.

Homeowners should be ready for a variety of emergencies that could occur as part of operating or maintaining a pool. For example, they should know what to do in the event of a chemical spill or if it is accidentally ingested. Chemicals should be kept in a secure location and properly marked to reduce the odds of an accident. Furthermore, a pool owner should know how to turn off its pump in an emergency situation.

ICOH study shows asbestos-related deaths have gone underreported

International health agencies estimate that 105,000 to 110,000 deaths occur every year across the world due to asbestos exposure. However, a recent study from the International Commission of Occupational Health shows that the reality could be even worse. Florida residents should know that exposure to this mineral causes more than just mesothelioma; in fact, it's more likely to cause lung cancer.

In its most extensive study, the ICOH calculated that in 2016, there were 39,275 fatal cases of occupational asbestos-related disease in the U.S. and 222,321 such cases worldwide. The reason for this discrepancy between the current and previous estimates is that medical professionals can now better identify asbestos-related lung cancer. In the past, oncologists would identify smoking as the cause behind many of these cases.

Don't tempt the silent killer

Workers in factories or warehouses in Florida may put their lives on the line without even realizing it. Your employer is responsible for your health and safety, and he or she must provide a safe workplace. Your boss must also inform you of all the risks you could face on the job.

If you operate a forklift or work in an area where motorized equipment is present, you would be wise to learn about the dangers posed by carbon monoxide. Any piece of equipment that works on gasoline, natural gas, kerosene, propane, coal or wood emits dangerous carbon monoxide fumes. Operating a forklift in an enclosed area can be deadly if the ventilation is not enough to dilute the CO fumes.

The most dangerous jobs in the US

For some people in Florida, the idea of a dangerous job may evoke images of law enforcement officers and firefighters. After all, danger is at the very heart of these occupations. In terms of fatal injury rates, however, the most hazardous jobs in the United States are in the logging, fishing and aviation industries.

According to the Bureau of Labor Statistics, more fatal workplace accidents were suffered by loggers, fishing crews and aircraft pilots in 2016 than any other occupation. Between these three jobs, 190 deaths were recorded in 2016. Roofing is another dangerous activity listed by the BLS; regrettably, roofers are often subject to unsafe working conditions that increase the risk of workplace injury accident. In fact, 101 roofers died at work in 2016.

Study links higher temps with fatal heat stroke risk at work

Anyone who has lived or worked in Florida knows that the Sunshine State can get pretty hot in the summer. A study conducted by the Occupational Safety and Health Administration suggests fatal heat stroke can occur even when temperatures are still in the 80s. In fact, nearly half of the fatal heat stroke cases investigated occurred when the heat index, which refers to the "feels like" temperature, was under 91 degrees.

Researchers noted that many heat-related deaths are preventable. For example, workers who wear bulky clothing and have to work in high heat and humidity are at an increased risk for heat stroke. This condition can produce symptoms such as confusion, disorientation and an inability to sweat to naturally cool the body.

Slip and fall claims: background for business owners

Small business owners in Florida, as in every other state, have a "duty of care" to everyone who enters their property, including customers and employees. To maintain a safe environment for entrants, owners must conduct routine inspections, make repairs where necessary and give sufficient warning against hazards if they cannot be repaired.

A breach of this duty of care can result in entrants being injured in slip, trip and fall incidents. For example, people may slip on a recently mopped floor if there are no warning signs, and others may trip on boxes and debris. Cracks and ice on the sidewalks also pose a hazard. Loose railings on stairs are all too common, but if they became loose only recently and the owner didn't know about it, he or she may not be held liable.

Human error during surgery

Many different types of errors can occur during a surgical procedure. Florida residents who need to have surgery can take steps to give themselves the best chances of not being a victim of human errors during a procedure. If an error does take place during their surgery, it is important that they know what steps to take to protect their interests and rights.

Before the surgery takes place, patients should have the same person accompany them to their consultations with the surgeon so that they can listen and ask important questions. It is also important for patients to conduct their own research on their diagnosis and treatment options and to seek out additional opinions about the condition and treatment. Patients should be aware of the benefits and possible complications of the procedure they are to undergo, and the surgeon they select to conduct the procedure should specialize in treating the medical condition they suffer from.

Did you suffer a closed head injury in an accident?

When the crash occurred, you may have hit your head on something inside your vehicle. You didn't see any blood and you may have felt fine at first, so you didn't think anything was wrong.

The problem is that you may have suffered a closed head injury and may not have known it until the symptoms hit you after the adrenalin and shock of the accident wore off. By then, more damage may have occurred that made matters worse. The different types of closed head injuries indicate the severity of them.

  • Million Dollar Advocates Forum
  • Florida Justice Association
  • The Florida Bar 1950
  • Florida Workers' Advocates
  • Florida Trends Florida Legal Elite
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Musleh Law Firm
907 SE 3rd Avenue
Ocala, FL 34471

Phone: 352-484-0134
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