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Negligent Security Seminar | March 2015

Florida personal injury lawyers

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Ultimate Guide on Construction Injuries

Construction injuries can be caused by a fall or being struck by an object. Besides electrocution, a person can get caught in equipment or between two objects. The extent of the injuries determines the kind of compensation they can expect.

In 2020, the US government reported 1,008 construction worker deaths, making up 21% of occupational deaths. Construction is a high-risk job, which is why employers are obligated to set safety measures and provide compensation.

Most states have worker’s compensation, but that doesn’t cover all costs because it’s limited to necessary expenses related to that specific injury. A construction injury lawyer can help with recovery for medical bills, disability, lost wages, reduced working ability, and more.

Remember that the Occupational Safety and Health Administration (OSHA) is charged with protecting your federal right to work at a safe construction site. Your employer is responsible for following safety guidelines to ensure the safety of everyone working on their site.

What are construction injuries?

Most construction injuries are sustained during a fall, often from a considerable height. Some workers don’t survive falls, and their loved ones may have a claim for wrongful death damages, depending on the extent of workers compensation immunity.  That means that generally, workers comp in Florida is an exclusive remedy.  Meaning that employees can almost never sue their employer.  There are a few exceptions, but generally to succeed in a construction  injury or death case the fault must not be on the employer, but instead on another party.

Slipping and hitting against a surface isn’t uncommon at construction sites. Many construction workers get electrocuted on the job. Accidents such as getting struck by an object or caught in or between two objects can also lead to severe injuries.

Lack of protective gear, proper scaffolding, equipment maintenance, careful supervision, communication, and in-depth training can lead to construction injuries. Your employer is supposed to ensure that safety guidelines are followed.

You can be compensated for injuries if you prove that they happened within your employer’s work area. Worker’s compensation is provided to the injured construction worker even if they got hurt due to negligence.

Establishing 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 solid proof if you’re looking for a recovery in addition to your worker’s compensation.

Seek medical assistance immediately even if you’ve banged your head at a construction site because the symptoms of brain injuries may appear later. You shouldn’t give the other party a chance to claim that you were negligent in following medical advice.

Your doctor’s testimony and those of your coworkers may be important in filing a claim for a construction injury. Even if the injury happened because you were careless, your worker’s compensation is guaranteed. For fair compensation, you may have to prove negligence.

Worker’s compensation is a legal remedy that prevents most employees from bringing a negligence case against their own employer, and covers permanent partial or total disability. But workers comp generally doesn’t cover all the damages caused by your disability.  There is no claim for physical, mental, and emotional damages, and the benefits are very limited.

Negligence in a construction injury case

Each contractor is responsible for safety measures by their employees on a  construction site.  Recovery in a construction accident is generally involving the fault of other parties and not those who employ you or your co-workers.

Third-party construction injury claim

This is where the cases get interesting.  Besides your workers comp claim, you can bring a case against third parties like property owners or product manufacturers or other contractors for negligence. Architects, contractors, and subcontractors can also have claims against them for construction injuries if they contributed to causing them.

Contractors and subcontractors are charged with hiring qualified professionals and maintaining safety on the construction site. Product manufacturers must design equipment, tools, and gear that pass safety tests. Products having defects can cause serious injuries as well.

Hiring a construction injury lawyer

Once you’ve had a no-obligation consultation with your lawyer and decided to file a claim, maintain open communication to support your case. The smallest details can turn the tide in your favor. Don’t hold back information from your construction injury lawyer.

Your lawyer collects medical reports and witness testimonies to build your case when you seek more than what your worker’s compensation provides. Remember not to sign documents or give statements without your lawyer’s advice.

Your lawyer may connect you with a workers compensation attorney, which is a separate subspecialty.

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.

How to pick a construction injury lawyer

A free consultation is available from our construction injury lawyers if you feel like your worker’s compensation doesn’t cover all costs or if you’d like to file a claim against a third party for negligence that caused your injuries.

  • Board Certification gives lawyers an edge over other personal injury lawyers, so pick a construction injury lawyer who’s a board-certified trial lawyer.
  • Look at the success rate of your lawyer in construction injury claims instead of seeing the number of cases they’ve handled.
  • Choose a construction injury lawyer selected for publications like The Best Lawyers in America or Florida SuperLawyers.
  • A well-ranked lawyer usually has publications under their name and is involved in training others in filing similar claims.
  • Find a lawyer with a top level “AV” rating with Martindale-Hubbell and 10.0 with AVVO.com, making them one of the elite lawyers in the country.

If you wish to file a third-party claim for construction injuries or want fair compensation beyond your worker’s compensation, our lawyers can help you recover damages. Get a free consultation with us to learn more about your legal options based on your particular case.

 

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