Find a Florida Construction Accident Lawyer
As Florida welcomes new residents each year and its economy continues to grow so, too, do construction projects to accommodate the rising population. Whether new restaurants are opening or new condominiums and homes are being built, the construction process can be dangerous: An unfortunate reality of construction projects is that accidents happen and workers do, on occasion, get injured or killed.
The consequences of construction accidents can be devastating, but with the help of experienced construction accident attorneys in Florida, you can get compensation for your injuries to help make your recovery easier. Should you be injured on a construction site, speak with a Florida construction accident lawyer right away to protect your legal rights.
At Parker Waichman LLP, our Florida construction accident attorneys have decades of experience successfully representing clients injured in a variety of ways, helping them to get the compensation that they deserve to cover medical bills, lost wages, and other damages. Our construction accident attorneys in Florida are available to answer any questions that you might have about filing a Florida construction accident lawsuit, and we’ll evaluate your case for free with no obligation. Call 1-800-YOUR-LAWYER today to get started.
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, as well as personal injury and wrongful death lawsuits. It can be tricky figuring out the best course of action after a Florida construction site accident: Should you file a workers’ comp claim, a lawsuit or both? A reliable Florida construction accident attorney can help you explore your options and determine the right steps to take next.
Filing a Workers’ Compensation Claim for Construction Accident Injuries
Florida’s workers’ compensation laws are intended to help injured workers receive necessary compensation for lost wages and medical treatment, so they can recover and get back to work. Unfortunately, many construction workers are not aware of what rights they are afforded under Florida’s workers’ compensation laws.
Like any workplace accident or incident in Florida, construction accident injuries must be reported to the employer or supervisor no later than 30 days after the accident. 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. It can sometimes 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 gain a better understanding of whether or not they are eligible for workers’ compensation and what steps to take if a claim for benefits has been denied. It’s important to remember that workers’ compensation is a no-fault system that does not evaluate whether negligence contributed to a worker’s 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, only to be told that you’re not eligible for workers’ compensation benefits, it’s important to speak with an attorney. 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, and the only way to find out for sure is to speak with an attorney who can determine if an employer is being truthful in asserting that workers’ compensation benefits are not available.
When workers’ compensation benefits are not available or are insufficient, injured construction workers and loved ones of deceased workers may wish to file a lawsuit. Surviving injured workers may pursue a personal injury lawsuit, and family members of deceased workers may pursue a wrongful death lawsuit.
Filing a Negligence Lawsuit with a Florida Construction Accident Attorney
Construction accidents can be complex and involve multiple parties, including the injured or deceased worker, employer, supervisor(s), coworkers, subcontractors, manufacturers, architects, engineers, and building owner(s). If one or more of these parties has been negligent and this negligence caused or contributed to a worker’s injuries, the injured worker may have a viable lawsuit to recover compensation for pain and suffering and lost wages. An experienced attorney can help you determine who might be at fault for your injuries and pursue a legal claim on your behalf.
Frequent Florida Construction Accident Injuries
Construction accident injuries can be more severe than those sustained in any other type of workplace. The conditions at construction sites are more perilous, involving extreme heights, heavy supplies, and dangerous equipment, which can lead to severe injuries that are catastrophic or even fatal.
The damages associated with construction accident injuries consist not only of physical and mental pain and suffering, but also financial damages in the form of lost wages and the inability to work for an indefinite period of time. In addition, physical injuries can be permanent and life-altering, preventing a person from working in the same industry ever again.
Examples of injuries resulting from Florida construction accidents include:
- 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
- Neck, back, and spinal cord injuries
Given that construction accident injuries can be so severe, the financial cost associated with these injuries can be astronomical for both the injured person and their family. The consequences can be especially dire when the worker has lost their life and their family has lost both a loved one and a source of income. Speaking with a Florida construction accident lawyer as soon as possible after an accident can help you get a handle on your possible legal options and how to move forward.
OSHA’s Role in Construction 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/or violations of Florida state regulations can certainly be used to demonstrate that a party has been negligent in causing a worker’s injuries.
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 causes of construction-related fatalities:
- Falls (often from elevated heights)
- Being struck by an object
- 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 job site. Some construction accidents may happen without any party committing negligent conduct, but 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. To have a better understanding of whether a lawsuit is a viable option, talk to an experienced Florida construction accident attorney who can examine the circumstances of your case and advise you on your next steps.
Florida’s Statute of Limitations on Construction Injury Accident Lawsuits: Why You Should Act Quickly to Speak With an Attorney
Workers’ Compensation or Personal Injury Claims
Whether you’re filing a workers’ compensation claim, a personal injury, or a wrongful death lawsuit, time is of the essence, so it’s important not to put off speaking with a construction accident attorney. In Florida, an injured construction worker has 30 days to notify their employer or supervisor of the injuries and move forward with a workers’ compensation claim. If you decide to pursue legal action, you have four years from the date you sustained your injuries to file a personal injury lawsuit. There are a few exceptions to this deadline, which is another reason why speaking with one of our Florida construction accident lawyers is a good idea: We can calculate the deadline for your case to ensure that your rights are protected.
Wrongful Death Claims
If a construction worker has sustained fatal injuries, loved ones wishing to pursue legal action have two years from the date of death to file a wrongful death lawsuit in Florida. This statute of limitations is a strict deadline that has no exceptions, so it’s important to act quickly if you have lost a loved one in a construction accident and you believe someone should be held accountable for their fatal injuries.
Many people are reluctant to speak with an attorney when they are not confident that they have a viable legal claim, but such hesitation can prevent a person from filing a lawsuit within the time period allowed under Florida law. It’s important to get answers quickly by speaking with experienced Florida construction accident lawyers who can evaluate your case. Since we provide free consultations with no obligation, you have nothing to lose by speaking with a qualified Florida construction accident attorney at our firm. Call 1-800-YOUR-LAWYER today and we’ll help you get the answers you need.
What to Expect From a Florida Construction Accident Lawsuit
How long does a construction accident lawsuit take?
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 personal injury or wrongful death lawsuit process can take much longer. It’s 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 your construction accident injuries.
The Construction Accident Lawsuit Process
When pursuing a personal injury lawsuit, you can expect to go through the following steps:
- Initial consultation and case evaluation
- Attorney decision to pursue the potential claim
- Obtaining necessary documentation supporting the claim, such as medical records, accident reports, and OSHA inspection reports
- Filing a lawsuit and/or pursuing settlement negotiations
- Discovery, the process in which parties exchange information about the allegations and defenses relating to the construction accident and resulting injuries, such as medical records, accident reports, witness statements, depositions, and expert reports
- Settlement negotiations*, either between the parties themselves, through arbitration or with mediation
- The trial
- The trial verdict
*A significant number of construction accident lawsuits settle before going to trial, which can help clients to get compensation more quickly. At Parker Waichman, our attorneys will advise you whether or not to accept any settlement offered, but ultimately, the decision will be yours.
Am I Eligible for Both Workers’ Compensation Benefits and Compensation From 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 subcontractors and manufacturers of potentially defective equipment, may be potential defendants in a construction accident lawsuit if evidence suggests that these parties contributed to a worker’s injuries.
Choose a Skilled Construction Accident Attorney in Florida and Get Results
Because construction accidents happen so frequently in Florida, there are many attorneys who handle these types of cases. When choosing a Florida construction accident attorney, it’s important to look at the reputation and success rate of the attorney or law firm in question.
What if I Can’t Afford an Attorney?
When you choose Parker Waichman, you’ll pay nothing out of your pocket for the services of our Florida construction accident attorneys. We work on a contingency-fee basis, meaning that we only get paid from a portion of the compensation we secure for you. We cover all of the costs of your case up front, and if your case is not successful, you will owe us nothing.
Parker Waichman Construction Accident Lawyers
While the results of any particular case are never guaranteed, at Parker Waichman, our Florida construction accident attorneys have built a reputation for success, offering skilled representation to clients across the state and all over the country. We’ve earned numerous honors for our work, including inclusion in Best Lawyers and a 9.8 out of 10 rating from AVVO, but the more important measure of our skill is the amount of compensation we’ve secured for our clients, which is more than $2 billion and climbing, and the number of glowing reviews we’ve received from our clients. Parker Waichman continually strives to provide clients with the high-quality legal representation they deserve, and our clients’ satisfaction demonstrates the success of our firm’s efforts to place their interests first.
Our Florida construction accident attorneys have extensive experience handling catastrophic injury cases that leave individuals with permanent damage to their lives and livelihoods. We serve clients throughout Florida, a significant number of them from Immokalee, Bonita Springs, Cape Coral, Fort Myers, Naples, and Marco Island, and our nationwide law firm also helps injury victims all over the country. To see what our skilled Florida construction accident attorneys can do for you, contact our firm today by calling 1-800-YOUR-LAWYER (1-800-968-7529) for a free consultation. With our help, you can stand up for your legal rights and get the compensation you deserve.
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