Many people do not realize that the opposing side’s insurance company often has to pay the employee’s attorney fees and costs in Workers’ Compensation Cases when a Judge rules in the employee’s favor after a trial. Another Big Win for our client and for our firm.
If you are Injured on the Job and in a coma, can your employer have your blood tested for drugs?
Unbelievable to think this could happen, but it did. Attached is the Order on the Motion in Limine (a motion to request that certain testimony be omitted from evidence) on drug tests performed on my client while he was in a coma.
It is a good Order, but not a total exclusion. It does shift the Burden of Proof to the e/c (employer/carrier), so I can attack the collection procedures. The actual test findings are suspect, as drug results on blood are not even defined by the rules.
The end result is very positive, but the claimant DID sign an employment agreement to drug testing.
The big problem I have with the order is that the Judge acknowledges that the employer violated the initial orders he entered to preserve and release
the samples. There should be consequences for ignoring the 1st order.
Here are the answers to the questions you may be pondering:
If you are Injured on the Job and in a coma, is it legal for your employer to have your blood tested for drugs? Sometimes. The hospital probably tested your blood as part of your emergency diagnosis/treatment and those results could be used depending on your employment agreement. However, the results, in this case, are not conclusive as they are not defined by the rules of the court.
Did the hospital violate HIPPA or other laws and can they be held liable for damages? Depends if they shared the results to the employer without a court order or worker’s consent. In this case, a court order was present.
If this happened to you could your employer be sued for a violation of privacy and other personal injury claims? Possibly, but this doesn’t mean that it would be a winnable case, especially with the signed consent in the employment agreement.
We are proud to announce that we just secured a $1,000,000 recovery on behalf of a client who was injured on the job. Our goal is always to get the justice that our clients deserve when injured on the job due to negligence or unsafe working conditions.
Over the years, we have secured millions of dollars for our clients in the greater Orlando area, and this case was no different. The final amount secured was $1,050,000.
Take a look at the court document below to learn more about the case and the funds secured for our client. If you are injured on the job and require an Orlando Workers’ Compensation attorney, look no further than the Law Offices of Charles H. Leo, P.A. We will fight for what is rightfully yours!
Charles H. Leo (B.S. ’89, J.D. ’91) was awarded Florida Super Lawyer for the 11th straight year in August of 2019. Because of this, he was featured in the FSU
His firm was featured in the Honors, Scholars & Fellows notes at Florida State University due to this impressive accomplishment. You can read more about the HSF announcements each month by clicking the image below.
What Are Florida Super Lawyers?
Super Lawyers is a lawyer aggregator website that helps individuals get connected with attorneys that will best help them with their legal issues. Each year, Super Lawyers uses a patented process to select and grade lawyers across the country. This includes peer nomination, independent research and peer evaluation from lawyers in the same jurisdiction. Lawyers who receive the highest scores are further featured in the Florida Super Lawyers Top Lists. For the 11th straight year, we are proud to have been featured as a Florida Super Lawyer!
You can take a look at my Super Lawyer profile here!
Every year, the Occupational Safety and Health Administration (OSHA) makes certain adjustments to their workplace standards to ensure that employees in warehousing and manufacturing stay safe on the job. Not only does this improve worker satisfaction, but it also helps employers minimize costs in terms of insurance coverage and worker’s compensation.
For employees, warehouses can be one of the most dangerous places to work. This is because individuals are often exposed to heavy materials and large machinery. Managers and warehouse operators must stay compliant with OSHA rulings or they could potentially pay out expensive penalties, not to mention the impact on their reputation as a company.
At The Law Offices of Charles H. Leo, P.A. in Orlando, FL, we can help individuals who have been hurt on the job and negotiate a fair settlement. Learn more about essential warehouse safety standards in Central Florida by reading the following information.
Warehouse Safety Standards
These are just a few of the examples of workplace safety standards that should be met when operating a warehouse or similar place of work.
- Personal protective gear: Employers should offer certain types of safety gear to workers upon hire, including hard hats, goggles, fire-resistant garments, earplugs, steel-toe boots, and work gloves.
- Proper workplace techniques: OSHA has a set of standards for performing certain tasks in a warehouse setting, such as lifting heavy objects to prevent harm to your neck, back, and shoulders.
- Emergency procedures: Managers and operators must provide information to warehouse employees about fire safety procedures, hazard communication, evacuation processes, and more.
- Properly labeled defective equipment: There is often damaged or defective equipment in a warehouse. It is essential that these are tagged with a clearly marked “out of service” sign to prevent employees from using it.
- Fall protection: Some equipment is designed to prevent an employee from free falling, such as guards, rails, harnesses, and warning lines. A warehouse should not operate this equipment without them.
What to do in Case of Non-Compliance or Injury
Under no circumstance should a warehouse worker attempt a task that they were not trained or licensed to do, especially in terms of vehicle operation. According to the OSHA handbook, a manager or colleague should never instruct an employee to perform a task they were not trained to do. If you have witnessed an operator, manager, or employee failing to follow proper protocol, even insignificant breaches, you can file a report to OSHA. In fact, if you have any reason to believe a warehouse or other workplace is not following OSHA standards, you can still request a professional inspection to correct this non-compliance.
Whether you have a small cut or have experienced a major accident, it is always best to disclose any workplace incidents as soon as possible. Reporting injuries right away to management prevents other calamities in the future. If you have received an injury on the job, The Law Offices of Charles H. Leo has assisted many workers in the Orlando, Florida area.