Worker Loses Finger at Universal Orlando

After a faulty machine cut off a worker’s finger at Vivo Italian Kitchen, the Occupational Safety and Health Administration cut the fine in half.

Universal Orlando was only fined $5,046 after a worker at Vivo Italian Kitchen at Universal CityWalk lost a finger in a workplace accident. The fine was reduced from $10,046 after Universal settled with OSHA.

According to the OSHA report, some of the dough got caught in the machine while making pasta. The worker turned the machine off and opened the canister holding the dough. As she tried to remove the dough, the rollers on the ravioli attachment started spinning. Her finger was caught between two of the rollers, and she lost part of her right index finger. The woman had only been on the job for two weeks and had only received one day of training on the pasta-making machine that injured her.

In its investigation, OSHA found several violations at the Universal CityWalk restaurant. One violation was that the magnet used to keep a protective guard in position was missing. The report also found that the ravioli attachment that caused the injury was “not adequately guarded due to a faulty interlock.”

Workplace Accident Causes

Workers’ compensation is a no-fault insurance policy. So, fault is irrelevant for liability purposes. A Tampa workers’ compensation lawyer can obtain maximum benefits in these cases even if the worker was entirely at fault for the injury.

However, workplace accident causes, like faulty machines and inadequate training, often affect the amount of benefits in the case. Furthermore, in some cases, these responsibility issues could give a victim an opportunity to sue in court. More on that below.

Employers routinely “modify” machines by taking away their safety shields or other such devices. Usually, these devices allow workers down, to decrease the chance of injury. For most employers, output is all that matters. In their eyes, anything that reduces output must go.

Sometimes, the machine is defective to begin with. If that’s the case a Tampa workers’ compensation lawyer can file a claim against the manufacturer. Companies that make and sell dangerous or defective products cannot hide behind workers’ compensation laws and avoid liability.

Training issues are very common in Florida, mostly because of the language barrier. Hillsborough County has one of the highest percentages of LEP individuals in the state. People with limited English proficiency speak a non-English language at home and speak English less than “very well.”

Many employers don’t provide instructions in a language workers easily understand. Even if they provide interpreters, important details often get lost in translation. Under Florida law, employers have a duty to provide adequate safety equipment, train employees in its use, and stress the importance of that use.

If the employer was reckless (intentionally disregarded a known risk), a Tampa workers’ compensation lawyer may be able to file paperwork in civil court and obtain additional compensation for noneconomic losses, such as pain and suffering.

Benefits Available

Compensation for economic losses, mostly lost wages and medical bills, is usually available in a Florida job injury case.

The average weekly wage (AWW) is the basis for lost wage calculations. The AWW includes prior and future cash and non-cash income. For example, if Antonio’s work injury causes him to miss a performance bonus milestone, his lost wage replacement benefit must reflect that loss.

Lost wage benefits are available for temporary or permanent partial or total disabilities. Frequently, a Tampa workers’ compensation lawyer partners with an outside professional, like an accountant, to determine the AWW.

Medical bill payment benefits are comprehensive as well. Under the law, the workers’ compensation insurance company must pay all reasonably necessary medical bills, including:

• Transportation,
• Emergency care,
• Follow-up care,
• Physical/occupational therapy, and
• Ancillary medical costs, like prescription drugs and medical devices.

Usually, insurance companies cannot dispute legal responsibility for these bills. However, they can and do dispute the “reasonably necessary” provision. To most insurance adjusters, reasonably necessary means the same thing as cheapest possible.

 Connect with a Hard-Hitting Hillsborough County Lawyer 

Injury victims are entitled to important financial benefits. For a confidential consultation with an experienced workers’ compensation lawyer in Tampa, contact Kobal Law. The sooner you reach out to us, the sooner we start working for you.

Source:

documentcloud.org/documents/24655582-2024-f-04110-universal-city-development-partners-ltd-1666208-redacted