August 22, 2024
A construction worker has filed a lawsuit against his former employer, alleging negligence and unlawful employment practices. Daylier Leyva Fajardo filed the complaint in the Circuit Court of the 64th Judicial Circuit in Pinellas County, Florida, on August 12, 2024, against Direct Express Construction, LLC.
According to the court documents, Fajardo was employed by Direct Express Construction as a laborer and construction worker from November 2022 until January 20, 2023. On that day, while performing his duties, he suffered a traumatic injury to his right eye when a steel cable pierced it. The plaintiff claims that the defendant failed to provide necessary protective gear such as masks or safety glasses that could have prevented the injury. Additionally, there was no proper supervision or work partner available at the time of the accident.
Fajardo immediately reported his injury to his supervisor Santiago but did not receive any workers' compensation benefits. Despite seeking emergency medical care on his own and requesting assistance from Santiago and Joseph V Cavaleri Jr., the owner of Direct Express Construction, Fajardo's pleas for help were ignored. Instead of providing support or benefits as required by law, Santiago informed Fajardo that he was fired shortly after reporting his injury.
The plaintiff argues that this termination constitutes retaliatory discharge under Florida Statute 440.205 which prohibits employers from discharging or intimidating employees for filing valid claims for workers' compensation. Fajardo asserts that he notified his employer within the legally required timeframe and had every right to request medical treatment without facing adverse employment actions.
Fajardo is seeking various forms of relief including actual and consequential damages plus interest; compensatory damages for pain, suffering, and humiliation; back pay; prejudgment interest; post-judgment interest; damages for all employment and retirement benefits he would have received if not for the defendant’s actions; and any other relief deemed appropriate by the court.
Representing Daylier Leyva Fajardo is attorney Joseph Perea from Miami-based law firm Joseph Perea P.A. The case has been assigned Case Number: 24-003593-CI in Pinellas County Circuit Court.
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