Construction Site Accidents in Florida: Who Is Liable?

Florida’s construction industry fuels growth across the state, from high-rise developments in Miami and Tampa to new residential projects along the Treasure Coast. But behind every job site lies significant risk. Construction workers face daily exposure to heavy machinery, elevated platforms, electricity, and hazardous materials. When an accident happens, the results can be catastrophic.

Determining who is legally responsible for a construction site accident is often complex because multiple contractors, subcontractors, and property owners may share liability. This article explains how Florida law assigns responsibility, what damages injured workers can recover, and why hiring a Florida construction accident lawyer is essential for protecting your rights.

Common Causes of Construction Site Accidents

Construction environments are inherently dangerous, but most injuries stem from preventable negligence or safety violations. Common causes include:

• Falls from heights, scaffolding, ladders, or rooftops
• Falling objects, unsecured tools, materials, or debris
• Electrocution, contact with live wires or improper grounding
• Caught-in or between accidents, machinery, walls, or collapsing structures
• Crane and heavy equipment accidents
• Explosions or chemical exposure
• Trench collapses
• Slip and fall incidents due to uneven or cluttered surfaces

Each of these hazards may implicate different parties depending on who controlled the site, provided the equipment, or failed to enforce safety regulations.

Who Can Be Held Liable for a Construction Accident in Florida?

Florida’s construction industry involves layers of responsibility, from general contractors to equipment suppliers. Liability depends on who had control and a duty of care at the time of the incident.

1. Property Owners

Property owners must maintain reasonably safe conditions on their premises. If they fail to warn of known hazards or hire unqualified contractors, they may share responsibility under Florida premises liability law.

2. General Contractors and Subcontractors

The general contractor typically oversees site safety and must ensure compliance with Occupational Safety and Health Administration (OSHA) standards. If they fail to:

• Provide protective gear,
  
• Maintain safe scaffolding or harness systems, or
  
• Supervise subcontractors properly,

they can be held liable for resulting injuries. Subcontractors can also share liability if their employees caused the dangerous condition or acted negligently.

3. Equipment Manufacturers

If defective machinery, power tools, or safety devices contributed to an injury, victims may pursue a product liability claim against the manufacturer or distributor.

4. Engineers and Architects

When structural designs are flawed or safety specifications are ignored, design professionals may face claims for negligent planning or supervision.

5. Third-Party Vendors

Independent contractors who deliver materials, perform inspections, or maintain equipment can also be named in lawsuits if their negligence played a role.

Workers’ Compensation vs. Third-Party Lawsuits

Most Florida construction workers are covered under workers’ compensation, which provides medical treatment and partial wage replacement regardless of fault. However, workers’ comp does not allow for pain and suffering or full wage loss recovery.

If another entity (such as a property owner, subcontractor, or manufacturer) caused or contributed to the accident, the injured worker can file a third-party personal injury claim in addition to workers’ compensation benefits.

This dual-claim strategy allows victims to seek broader damages, including:

• Pain and suffering
  
• Full lost wages and future earning capacity
  
• Permanent disability compensation
  
• Loss of enjoyment of life

A Florida construction accident attorney can identify all potential third-party defendants and handle both claims simultaneously.

Proving Liability in a Construction Accident

To succeed in a personal injury claim, you must establish that a third party was negligent and that their negligence directly caused your injury. Evidence commonly includes:

• OSHA inspection reports
  
• Site safety logs and maintenance records
  
• Eyewitness and coworker statements
  
• Surveillance footage
  
• Expert testimony on safety protocol violations
  
• Equipment inspection and repair history

Prompt legal action ensures this evidence is preserved before it disappears.

Catastrophic Injuries in Construction Accidents

Because of the heavy machinery and heights involved, construction injuries are often severe and life-altering. Common outcomes include:

• Traumatic brain injuries (TBI)
• Spinal cord damage and paralysis
• Severe burns or electrocution injuries
• Amputation or crush injuries
• Fractures and orthopedic trauma

Victims of catastrophic injuries may require lifelong rehabilitation and assistive care. A Florida catastrophic injury lawyer can accurately calculate long-term costs and negotiate full compensation.

Wrongful Death in Construction Accidents

Tragically, some construction accidents prove fatal. Families of deceased workers can pursue a wrongful death claim under Florida Statute §768.19 if a third party’s negligence contributed to the fatality. Recoverable damages include funeral expenses, loss of financial support, and emotional suffering.

A Florida wrongful death attorney can guide families through this complex process with compassion and precision.

Related Practice Areas

Construction accident cases often overlap with other areas of personal injury law, including:

• [Florida Premises Liability Lawyers], when unsafe property conditions contribute to injury.
  
• [Florida Product Liability Attorneys], for defective tools or machinery.
  
• [Florida Wrongful Death Lawyers], for fatal construction site incidents.
  
• [Florida Catastrophic Injury Lawyers], for permanent or disabling conditions.

Each practice area reinforces the same goal: holding negligent parties accountable and ensuring injured workers receive justice.

Why You Need an Experienced Construction Accident Lawyer

Construction site injury claims demand deep understanding of Florida’s labor laws, OSHA regulations, and liability standards. Insurance carriers often deny responsibility, arguing that workers’ comp is the only remedy, even when third-party negligence is clear.

An experienced Florida construction accident lawyer can:

• Investigate safety violations and determine all liable parties.
  
• Coordinate medical and occupational experts to quantify damages.
  
• Handle workers’ comp and personal injury claims concurrently.
  
• Negotiate aggressively or take your case to trial if needed.

Acting quickly is vital since evidence can vanish and witnesses’ memories fade.

Call Kogan & DiSalvo Personal Injury Lawyers

If you were injured on a construction site in Florida, the team at Kogan & DiSalvo Personal Injury Lawyers is ready to help. We represent construction workers, subcontractors, and families in complex injury and wrongful death claims across the state.

Call (561) 286-8132 today for a free consultation. We have offices conveniently located in  Boca Raton, Delray Beach, Plantation, Palm Bay, St. Petersburg, Vero Beach, North Miami Beach, Boynton Beach, Fort Lauderdale, Lakeland, Stuart, Tampa, and West Palm Beach.