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Toxic Exposure Case Will Test Workers Compensation Laws in Florida

Written by Shane Molliwan

Topic: Legal ServicesPublished June 24, 2013
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Over 150 workers and past employees of a Florida prison, along with their family members, are suing the federal prison over medical issues that they say are the result of toxins they were exposed to at an electronics recycling facility located in the prison. The prison system has countered, however, that the employees are barred from suing the agency because they are covered by workers compensation for their job-related injuries. Workers and their families are suffering from various ailments allegedly related to the toxic exposure, such as sores, joint pain, internal bleeding, thyroid issues, memory loss, and reproductive and breathing difficulties. The workers were exposed to lead, beryllium, and cadmium in the form of dust that covered everything in the facility, including the workers and their clothing. One employee commented that the Florida agency had used them as guinea pigs, allowing them to handle the contaminated material without offering any instruction or providing any protection. Several workers have been hospitalized over the years since the recycling program at the Florida prison was instituted, using low-paid inmate workers to recycle e-waste in order to extract the valuable metals from them. The lawsuit, filed on behalf of the workers who supervised the inmates in the facility, alleges that the federal prison in Florida was willful, reckless, and/or negligent in exposing the workers to the toxic dust. According to one of the attorneys representing the workers, the law prohibiting employees who are covered by workers compensation in Florida from suing an employer does not apply in this case for two reasons. First, because family members who were not workers at the facility have also suffered. Second, and perhaps more importantly, the negligence on the part of the employer abrogates the workers compensation Florida exception to their right to sue. According to the lawsuit, the agency knew, without a doubt, that they were, in effect, poisoning people. The outcome of this case could have serious ramifications for workers compensation law in Florida. In the meantime, however, anyone who has been injured on the job and who is experience any kind of difficulty in obtaining the compensation to which they are entitled, should consult with a workers compensation attorney as soon as possible. Your attorney will assist you in amassing the documentation and paperwork necessary to get the benefits that are your due. In addition, your workers compensation Florida attorney can provide legal counsel regarding your rights as well as your responsibilities under Florida law. Do not try to fight the system on your own, get the help of a workers compensation Florida attorney today.

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