Parker Waichman LLP – Construction Accident Attorneys in Florida
Florida Construction Accident Injury Lawsuit. As Florida’s economy continues to grow, welcoming new residents each year, so too do construction projects that must accommodate a rising population. Whether new restaurants are opening, or new condominiums and homes are being built, the construction process can be timely and at times, dangerous. An unfortunate reality of construction projects is that accidents happen and workers get injured or killed.
All construction site accidents are unique and happen for a variety of reasons that may differ from one accident to the next. Because the consequences of injuries associated with Florida construction accidents can be devastating, it is important to have a good understanding of legal options should an injured victim decide to pursue a workers’ compensation claim or personal injury lawsuit.
Parker Waichman LLP is Recovering Financial Compensation for Injured Florida Workers
If you were injured in a Florida construction site accident or have lost a loved one from a fatal construction accident, you may be able to file a lawsuit to obtain compensation for your injuries and overall damages. The Florida Construction Accident Attorneys at Parker Waichman LLP have decades of experience successfully representing clients injured in various accidents, including those that take place at construction sites. Our construction accident attorneys in Florida are available to answer any questions that you might have about filing a Florida construction accident lawsuit. Our law firm offers free, no-obligation consultations and case evaluations.
Parker Waichman LLP Has Recovered More than $2 Billion for Injured Clients
At Parker Waichman LLP, our Florida Construction Accident Attorneys truly understand just how consequential accidents and injuries can be. Our legal team has extensive experience handling catastrophic injury cases resulting from construction site accidents. No matter how and why a construction accident has happened, it is difficult to understand what had gone wrong and who is to blame without consulting with a qualified legal professional.
Because construction accidents happen so frequently in Florida, there are numerous attorneys available to evaluate and pursue construction accident cases on behalf of injured victims. However, when choosing an attorney, it is important to look at the reputation and success rate of the attorney or law firm that you may consider choosing.
There are highly experienced personal injury attorneys across the state of Florida who handle construction accident cases on a regular basis. Parker Waichman LLP has a team of highly reputable trial attorneys. Our law firm stands apart from the rest by providing dedicated legal representation to clients not only in Florida but also to clients from all across the United States. We have recovered more than $2 billion collectively for our clients.
In recognition of our firm’s hard work and client satisfaction, we have received the following ratings and designations:
- AVVO Rating of 9.8/10;
- AV Peer-Reviewed “Preeminent Lawyers” rating;
- Listed in Peer-Reviewed “Best Lawyers”; and
- Ranking of “5 Dragons” according to Lawdragon’s peer review.
Receiving ratings and awards or designations is not everything. In addition to receiving such ratings, Parker Waichman LLP continually strives to improve and provide all clients with the independent legal representation and recognition they deserve. It is our client satisfaction that demonstrates our firm’s efforts to place the client’s interests first.
Florida Construction Accident and Injuries – Florida Construction Accident Lawsuits and Settlements
Florida Construction Accident Lawsuits and Workers’ Compensation
Because construction accidents are so prevalent in Florida, injured workers and family members of deceased workers frequently file workers’ compensation claims and file personal injury and wrongful death lawsuits each year. It is can be difficult for the injured worker to determine if he or she should file a workers’ compensation claim related to the construction accident or a personal injury claim. In situations where a construction worker has lost his or her life, family members may wish to pursue a workers’ compensation claim for death benefits or possibly file a wrongful death lawsuit.
Regardless of whether a worker wishes to file a workers’ compensation claim or personal injury or wrongful death lawsuit, the entire process can be complicated, and it is a good idea to speak with a Florida Construction Accident Attorney to learn about potential legal options. The damages associated with construction accident injuries are not only physical and mental pain and suffering but are also financial in the form of lost wages and the inability to work for an indefinite period of time. Additionally, physical injuries can be permanent and life-altering, preventing a person from working in the same industry again.
Filing a Workers’ Compensation for Construction Accident Injuries
Florida has workers’ compensation laws that are intended to help injured workers receive necessary compensation for lost wages and medical treatment so they can recover and get back to work. Construction accident injuries can be more severe than those sustained in a typical workplace accident, such as slipping on liquid and falling. While slip and fall injuries can be serious, the conditions at construction sites are more dangerous, and such dangers can contribute to severe injuries (i.e., extreme heights, and the use of heavy supplies, equipment, and machinery).
Like any workplace accident or incident in Florida, construction accident injuries must be reported to the employer or supervisor no later than thirty (30) days after the accident that resulted in injuries or illness. Unfortunately, many construction workers are not aware of what rights they have under Florida’s workers’ compensation laws. Some employers are also unaware of what obligations they have under Florida’s workers’ compensation laws. As such, it is extremely important that all construction workers understand what their rights are, and know what steps to take if they believe their employer is not following the law.
For a worker to be eligible for workers’ compensation benefits under Florida law, the injured worker must be considered an employee, and not an independent contractor. Independent contractors are not eligible under Florida law. It can be difficult to conclude if a worker is considered an employee or an independent contractor. Some employers may wish to classify a worker as an independent contractor to justify a denial of workers’ compensation benefits when the injured worker is, in fact, an employee. By speaking with a qualified Florida Construction Accident and Workers’ Compensation Attorney, injured workers and their loved ones will have a better understanding if they are eligible for workers’ compensation and what steps to take if a claim for benefits has been denied. It is important to remember that workers’ compensation is a no-fault system that does not evaluate whether negligence contributed to a worker’s injuries.
When workers’ compensation benefits are not available or are insufficient, injured workers and loved ones of deceased workers may wish to pursue a lawsuit. Surviving injured workers may pursue a personal injury lawsuit, and family members of deceased workers may pursue a wrongful death lawsuit. Construction accidents can be complex and involve multiple parties, including, but not limited to, the injured or deceased worker, employer, supervisor(s), co-workers, sub-contractors, manufacturers, architects, engineers, and building owner(s), among others. If one or more of these parties has been negligent, and such negligence caused or contributed to cause a worker’s injuries, the injured worker may have a viable lawsuit to recover for pain and suffering and lost wages.
When multiple parties are involved, it takes a thorough evaluation to determine which parties are at fault, and in what way each party contributed to the construction accident. As such, speaking with a Florida Construction Accident Attorney is critical if an injured worker believes other parties are at fault for causing the accident that resulted in injuries.
The federal Occupational Safety and Health Administration (OSHA) governs workplace safety, and construction sites are no exception. Whenever a construction accident happens, OSHA may visit the construction site and evaluate what went wrong, especially when a worker has been injured or killed. OSHA will investigate the accident to determine if any federal regulations were violated and whether such violations contributed to the accident that resulted in a worker’s injuries or death. Proof of OSHA violations (and violations of Florida state regulations) can certainly be used to demonstrate a party has been negligent in causing a worker’s injuries.
Regardless of what party is to blame for causing a worker’s injuries, that injured worker has the right to find out if the construction accident was preventable and if any party committed negligence. To find out if any party was negligent in causing a construction accident, it is first essential to discuss the matter with a Florida Construction Accident Attorney.
Types of Injuries Sustained in Florida Construction Accidents
The types of injuries sustained in construction accidents can be catastrophic and sometimes fatal. Multiple factors may contribute to a construction accident that results in horrific and debilitating injuries or death. Having proper safety measures in place should help to minimize the risk of serious injuries and death resulting from construction accidents. Examples of injuries resulting from Florida construction accidents include, but are not limited to, the following:
- Falls from scaffolding roofs or ladders;
- Injuries sustained from being struck by falling debris;
- Injuries sustained because of faulty equipment or machinery;
- Concussions and other Traumatic brain injuries (TBIs);
- Broken or fractured bones;
- Illnesses resulting from exposure to toxic substances, whether short-term or long-term exposure;
- Neck, back, and spinal cord injuries; and
Given that construction accident injuries can be so severe, the financial cost associated with these injuries can be astronomical for both injured person and his or her family. The consequences can be especially grave when the worker has lost his or her life, and a family has lost a source of income. Therefore, taking the step to speak with an attorney as soon as possible after a construction accident is the best way to get a handle on possible legal options and how to move forward.
OSHA’s “Fatal Four” – The Most Common Fatal Construction Accident Injuries
OSHA has investigated countless construction sites where accidents have caused severe injuries and death. From such extensive investigations, OSHA has identified the top four construction-related fatalities, which include the following:
- Falls (often from elevated heights);
- Being struck by an object;
- Electrocution; and
- Being caught in or between hazards.
While construction jobs are, by nature, more dangerous than desk jobs, construction workers still should have a reasonable feeling of safety when they are working at a construction site. Some construction accidents may happen without any party committing negligent conduct. However, a significant number of construction accidents can be traced to improper safety procedures, and other negligent conduct, such as failing to maintain dangerous and heavy equipment. As such, to have a better understanding of whether a lawsuit is a viable option, consider contacting Parker Waichman LLP today.
Florida’s Statute of Limitations – Why You Should Act Quickly to Speak with an Attorney
Whether filing a workers’ compensation claim or a personal injury or wrongful death lawsuit, time is of the essence to act quickly. In Florida, an injured construction worker has thirty (30) days to notify his or her employer or supervisor of the injuries to move forward with a workers’ compensation claim. If workers’ compensation benefits are not an option or are insufficient given the nature and severity of the injuries, an injured construction worker has four years from the date he or she sustained the injuries to file a personal injury lawsuit. There are some situations where a lawsuit can be filed more than four years after the injuries were sustained, however, it is important to discuss the situation with an attorney to find out if this exception applies to a particular accident.
If a worker has sustained fatal injuries, loved ones wishing to pursue legal action have two years from the date the individual who has passed away in order to file a wrongful death lawsuit in Florida. Florida’s statute of limitation is a strict deadline that has no exceptions. Therefore, it is important to act quickly if you have lost a loved one from a construction accident, and you believe a particular party or parties are at fault for contributing to the accident that resulted in fatal injuries.
Many people are reluctant to speak with an attorney when they are not confident they have a viable legal claim. Such hesitation can prevent a person from filing a lawsuit within the time period allowed under Florida law. Acting quickly to have questions answered by a qualified Florida Construction Accident Attorney is imperative to find out if legal action is an option and how long an injured person has to file a lawsuit. An attorney can thoroughly evaluate the situation and determine if there is a link between the injuries and negligence that may have caused or contributed to cause a construction accident. There is nothing to lose by seeking the opinion of a qualified legal professional.
What to Expect from a Florida Construction Accident Lawsuit
Workers’ compensation claims do not typically take too long to process and complete. After all, the purpose of workers’ compensation is to help workers get back to work after recovering from their injuries. The legal process can take much longer, and it is not uncommon for lawsuits to last two or more years. While lawsuits do take quite a while to conclude, it can be well worth the wait if the result is to receive compensation for pain and suffering as well as lost wages relating to construction accident injuries.
When contacting our office, our legal team will thoroughly explain the entire case process and what to expect. Overall, a client can expect to go through the following steps:
- Initial consultation and case evaluation;
- Attorney decision to pursue the potential claim;
- Obtain necessary documentation supporting the claim, such as medical records, accident reports, and OSHA inspection reports, if available;
- File a lawsuit or pursue pre-suit settlement negotiations;
- Discovery – the process where parties exchange information about the allegations and defenses relating to the construction accident and resulting injuries, including, but not limited to, the production of medical records, production of accident reports, witness statements, depositions, and expert reports);
- Settlement negotiations either between the parties themselves, through arbitration, or with mediation;
- Go to trial (unless a settlement is reached);
- Trial verdict; and
A significant number of construction accident lawsuits settle before going to trial. At Parker Waichman LLP, our attorneys work tirelessly to ensure they are providing the best legal representation possible to protect their clients’ rights and interests. Our attorneys will always comply with a client’s wishes and will advise a client on when a settlement may be the best route, and when going to trial is the thing to do.
Frequently Asked Questions (FAQs) About Florida Construction Accidents and Injuries
What if my employer has told me I am not eligible for workers’ compensation benefits?
If you sustained construction accident injuries and have notified your employer of your injuries, it is important to speak with an attorney if your employer has told you that you are not eligible for workers’ compensation benefits. Depending on the status of your employment relationship and the unique facts of the situation, you may or may not be qualified for Florida workers’ compensation benefits. The only way to find out for sure is to speak with an attorney to determine if an employer is being truthful in asserting that workers’ compensation benefits are not available.
Am I eligible for both workers’ compensation benefits and compensation obtained by filing a personal injury lawsuit?
Workers’ compensation benefits may limit the amount of compensation an injured construction worker is entitled to. However, if there are multiple parties involved in a construction accident, and one or more parties acted negligently, an injured worker may be able to file a lawsuit and receive additional compensation. Third parties, such as sub-contractors and manufacturers of potentially defective equipment, among others, are potential defendants in a construction accident lawsuit if evidence suggests these parties contributed to a worker’s injuries.
What if I cannot afford an attorney?
At Parker Waichman LLP, our Florida Construction Accident Attorneys do not earn any fees for their services unless our clients receive compensation. If a client’s case is not successful, our law firm will not get paid. Also, our injured clients do not have to pay us any legal fees during the course of their lawsuit. Our law firm works construction accident cases on a contingency fee basis and will receive a percentage of the total award if the case is successful.
Will OSHA play a role in my workers’ compensation claim or personal injury lawsuit?
Depending on what caused the construction accident that resulted in your injuries, OSHA may come to inspect the construction site and determine if any regulations were violated. If OSHA determines that regulations were violated, and such violations caused or contributed to cause your injuries, any findings by OSHA may be used to prove your employer and/or third parties were responsible for causing your injuries.
Contact Parker Waichman LLP Today to Schedule Your Free Consultation
If you have fallen victim to a construction accident, you already understand just how debilitating the consequences can be. At Parker Waichman LLP, our Florida Construction Accident Attorneys have extensive experience handling catastrophic injury cases that leave individuals with permanent damage. Construction accidents are no exception and can be some of the worst injuries a person can sustain relating to a workplace accident. Our attorneys provide legal representation to clients all throughout Florida, with a significant number of clients being from Fort Myers, Cape Coral, Naples, Bonita Springs, Immokalee and Marco Island. To schedule your free consultation to speak with one of our Florida Construction Accident Attorneys, contact Parker Waichman LLP today by calling 1-800-YOUR-LAWYER (1-800-968-7529).
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