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Construction Accidents

Construction accidents take lives and leave families devastated

Accidents on construction sites or those caused by construction occur frequently. Because of the ultra-hazardous nature of most of these activities, great caution is required. When mistakes are made in construction or engineering a project, people are injured or killed. Managing partner John Leighton is a construction accident lawyer in Florida who has litigated and tried to verdict many cases where the injuries were caused by construction negligence.

Leighton Panoff Law has been selected as lead counsel in many catastrophic injury cases from construction and engineering negligence. Recently the firm was retained by the families of victims from a television tower collapse that killed three young men. Sometimes the victims in cases of construction negligence are other workers, and often they are innocent bystanders.

A History of Successful Construction Accident Recoveries

Mr. Leighton obtained a settlement of $500,000 for a construction worker when he was struck in the head on the job site by what was then an unknown object. When he regained consciousness, he was surrounded by several concrete cores on the ground which had been drilled for placement of handrails on an upper floor. The case was brought against the subcontractors responsible for drilling concrete for railings. Another case involved a construction worker who was burned by scalding hot tar that spilled on the roof of a building under construction which poured down on him through an open skylight. The man was working below an atrium that was not yet covered, and the bucket of hot tar was unsecured, causing it to spill into the atrium and coat our client. Mr. Leighton won a $862,000 settlement for this client.

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Negligent construction causes injuries and deaths in other ways as well. When electricity is involved, the greatest care is required to protect people. When wiring is done improperly, tragic results can occur. Mr. Leighton handled a case where $1,160,000 was recovered for the parents of a 12 year-old boy who was electrocuted to death because of an improperly wired boat lift. The electrician’s license was revoked following this death and it was later revealed that many other wiring jobs he had performed were potentially deadly. In yet another, Leighton Panoff Law recovered $450,000 for a subcontractor who suffered burns from an electrical injury caused by another contractor failing to turn off an electric line on a job site.

Mr. Leighton also litigated a case where a father of three was electrocuted when he came into contact with a landscape light near his pool. The light had been improperly wired in this brand new luxury home. Mr. Leighton secured a $5.55 million settlement for the wife and children against the builder and subcontractors.

Mr. Leighton was hired to try a construction site accident in Charlotte, North Carolina. A young man had fallen from a 3rd story because there were no guardrails on the construction project. He suffered severe back and arm injuries resulting in his disability. After a 3 week trial, a confidential settlement was obtained for this man.

Whatever the construction accident, Leighton Panoff Law is prepared to assist clients and protect their rights. Our team of attorneys, paralegals, nurses, investigators, experts and staff are available to speak to you at 888-395-0001 or by contacting us by email.

Click here for examples of our pending and finalized construction accident cases.

Disclaimer: The information about past verdicts and settlements of the firm’s cases are based on the unique facts of each case. These amounts reflect the gross recovery in each case (before attorneys fees, expenses and medical costs are deducted). Although these results were obtained by our firm, they may not indicate the success or value of any other case as each case is unique. By clicking on Verdicts and Settlements you are acknowledging that every case is different and each case must be evaluated on its own merits. The information contained here has not been reviewed or approved by The Florida Bar.

What are construction injuries?

Construction injuries are injuries that are often sustained during a fall from a considerable height or being struck by an object. Other causes of construction injuries are electrocution, being caught in equipment or between two objects. Slipping and hitting against a surface is also a common accident at construction sites. Construction injuries range from minor ones, to serious ones, including wrongful deaths.

Lack of protective gear, faulty scaffolding, poor equipment maintenance, lack of careful supervision, communication, and in-depth training can also contribute to construction injuries.

How serious is the risk in construction jobs?

Construction is a risky work. In 2020 alone, the United States government reported 1,008 construction worker deaths, making up 21% of all occupational deaths in the country. Due to its high-risk nature, employers in this industry are obligated to set safety measures and provide compensation. The US Occupational Safety and Health Administration (OSHA) has the mandate to protect workers’ federal right to work in a safe construction site.

To mitigate this high risk, employers are required to provide protective gear, proper scaffolding, equipment maintenance, careful supervision, communication, and in-depth training for avoiding construction injuries. Your employer holds the responsibility to ensure that safety guidelines are followed.

What does worker's compensation typically cover?

In Florida, worker’s compensation is an exclusive remedy. It is a legal remedy that prevents most employees from bringing a negligence case against their own employer, and covers permanent partial or total disability. Worker’s compensation provides immunity for employers, which means that employees can almost never sue their employers. Nonetheless, the injured worker can be compensated on the necessary and direct expenses related to the specific injury.

Worker’s compensation generally doesn’t cover all the damages caused by construction injuries. There is no claim for physical, mental, and emotional damages, and the benefits are often very limited. A construction injury lawyer can help you in recovering medical bills, disability, lost wages, reduced working ability, and more.

Who is responsible for safety at construction sites?

Your employer is responsible for following safety guidelines to ensure the safety of everyone working on their site. The Occupational Safety and Health Administration (OSHA) requires employers to meet minimum standard safety procedures such as protective gear, proper scaffolding, equipment maintenance, careful supervision, communication, and in-depth training for avoiding construction injuries.

However, due to the complex nature of the construction industry, the construction site often has third-party entities that are also responsible for ensuring safety. Each contractor is responsible for the safety of their employees in a construction site. Contractors and subcontractors should be able to hire qualified professionals and maintain safety on the site.

Can I sue my employer for construction injuries?

Worker’s compensation is a legal remedy that prevents most employees from bringing a negligence case against their own employer. In Florida, worker’s compensation is an exclusive remedy. This means that the employees can almost never sue their employer for negligence. Nonetheless, you are guaranteed with a worker’s compensation even if the accident happened due your own carelessness.

For fair compensation beyond worker’s compensation, you may have to prove negligence by a third party. There are a few exceptions, but generally to succeed in a construction injury or death case, the negligence case must not be on the employer, but against a third-party.

What is a third-party construction injury claim?

Because construction employers have the immunity against negligence cases, an injured employee can pursue a third-party injury claim. You can pursue injury claim against architects, contractors, and subcontractors if their negligence contributes to your construction injury. Contractors and subcontractors are charged with hiring qualified professionals and maintaining safety on the construction site. Moreover, product manufacturers must design equipment, tools, and gear that pass safety tests. Products having defects can cause serious injuries as well.

An excellent construction injury lawyer can help you gather funds beyond worker’s compensation. To cover for costs not included in worker’s compensation, such as emotional distress, reduced income opportunities and alike, your construction injury lawyer can help you pursue a third-party construction injury claim.

How do I establish a construction injury case?

Gathering medical evidence, witness testimonies, and other proof regarding the accident that caused your construction injuries is essential to establishing your case. You’ll need a solid proof if you’re looking for a recovery in addition to your guaranteed worker’s compensation.

Look for coworkers and other witnesses who can give their statements because these are important in filing a claim for construction injury. Your doctor’s testimony is another important evidence. An expert construction injury lawyer can help you identify and gather all the necessary evidence to strengthen your construction injury case.

What should I do after a construction injury?

Seek medical assistance immediately even you feel that you are not badly hurt. This is especially true if you’ve banged your head at a construction site. Symptoms for brain injuries tend to appear later. Failure to seek immediate medical attention could be used against you. Moreover, you shouldn’t give the third-party a chance to claim that you were negligent in following medical advice.

It also helps to consult a good construction injury lawyer as soon as possible. Once you’ve had a no-obligation consultation with your lawyer and decided to file a claim, maintain open communication to support your case. Remember not to sign documents or give statements without your lawyer’s advice. The smallest details can turn the tide in your favor.

How can a construction injury lawyer help me?

A construction injury lawyer can help you in many ways. They will help you with recovery for medical bills, disability, lost wages, reduced working ability, and more. Your lawyer collects medical reports and witness testimonies to build your case when you seek more than what your worker’s compensation provides. Your lawyer will file a claim and litigate on your behalf while taking care of the paperwork and updating you on the progress of your case. They’ll negotiate fair compensation for your construction injuries and assess the value of settlement offers. Your lawyer may also connect you with a workers compensation attorney, which is a separate subspecialty.

How do I choose the right construction injury lawyer?

In choosing the right construction injury lawyer, look for:

Board Certification that gives lawyers an edge over other personal injury lawyers, so pick a construction injury lawyer who’s a board-certified trial lawyer.

High success rate of your lawyer in construction injury claims instead of seeing just the number of cases they’ve handled.

Publications like The Best Lawyers in America or Florida SuperLawyers, which identify top construction injury lawyers.

Publications of well-ranked lawyers, especially those that involved in training others in filing similar claims.

Top level “AV” rating with Martindale-Hubbell and 10.0 with AVVO.com, making them one of the elite lawyers in the country.

Get a free consultation with Leighton Panoff Law to get a glimpse of their expertise in construction injury cases.