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A Personal Injury, Workers' Compensation and Defense Base Act Law Firm Fighting for the Injured.

Articles Tagged with death

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Burn PitWhen the American government goes to war, it needs a ton of supplies for support.  Well, what happens when those supplies get used and need to be destroyed? They burn it.  The American military used large burn pits to destroy huge amounts of waste.  The types of waste disposed of in a burn pit can include chemicals, plastics, oil, human and medical waste, explosives, dead animals, tires, and are burnt for hours creating toxic fumes.  These burn pits are used at military bases all over the world in countries like Iraq, Afghanistan, Syria, and Djibouti, Africa.

Toxins from the burn pit smoke created long-term adverse health effects for our U.S. Soldiers and the American contractor employees working alongside them.  Exposure to burn pit toxins have caused serious diseases such as constrictive bronchitis, a disease of the respiratory system, and even cancer, and can even lead to death.  Our military veterans who developed these diseases filed suit to hold the American contractor companies liable, but the U.S. Supreme Court dismissed that case.  Now, the Department of U.S. Veterans Affairs has a burn pit registry where U.S. veterans and service members can report their health concerns, but what about the American contractor workers? Where can they go to get help? Our firm.

The Defense Base Act, an extension of the Federal Longshore and Harbor Worker’s Compensation Act, provides coverage benefits for injured workers with adverse health effects caused by exposure to burn pit toxins and fumes.  This firm files for medical care and lost wages and survivor benefits in case of a death.  We recognize that a certain number of workers have passed away or developed cancer from these toxic fumes.  The adverse health effects caused by the toxic fumes are classified as occupational diseases.  A claim for a disability due to these occupational diseases must be filed within two years from the time the employee became aware of the relationship between the disease and his or her employment overseas.  This usually means within 2 years of when a doctor diagnoses the condition.

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cuffedOn November 5th, 2013, Collier County Police arrested Joel Trujillo for not having workers’ compensation insurance available to the employees of his company, K.C. Tile and Marble.  Failure to provide workers’ compensation insurance is a third degree felony under Chapter 440 of the Florida Statutes.

Back in June, two employees of K.C. Tile and Marble were working at a construction site when they were struck by lightning.  One employee survived; the other did not.

Because of the employer’s failure to secure workers’ compensation coverage for its employees, the family of the worker who died was not able to collect death benefits which would have potentially been available to them under workers’ compensation.  These benefits include funeral expenses up to $7,500.00, compensation to dependents, and benefits to the surviving spouse, up to a maximum of $150,000.00. The surviving employee would have been entitled to medical care and lost wage benefits. Although the details of the employee’s injury have not been released, lightning strikes have the potential to cause severe burns, cardiac arrest, and neurological impairment.  Continue reading →

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