The National Safety Council ranks construction among the most dangerous professions based on illness and injury rates. Generally, workers’ compensation insurance would handle these on-the-job accidents. However, under specific circumstances, injured construction workers can step outside the workers’ comp system and sue negligent third parties whose recklessness or careless actions caused their accidents. A personal injury claim can seek additional compensation to cover damages outside of workers comp benefits, like pain and suffering, emotional anguish, and loss of spousal consortium.
At Kogan & DiSalvo, our Boca Raton injury lawyers help injured construction workers seek justice outside the workers’ compensation system. Trust that we will leverage our considerable resources and experience in this complex field of law to advocate for your right to fair compensation for your damages.
4 Leading Causes of Jobsite Accidents
The U.S. Department of Labor tracks the most frequently cited safety standards based on Occupational Safety and Health Administration (OSHA) job site inspections across all industries. This data provides important insights about the hazards facing construction workers nationwide every day.
According to OSHA, the four most common construction hazards are:
Employees can slip and fall because of equipment, debris, and surface spills. Falls also happen due to the failure to use fall protection equipment or neglecting to guard and cover holes, openings, and skylights. Improper use of ladders and scaffolding also contributes to construction site falls.
Caught-In or Between Accidents
Caught-in or between injuries occur when employees are crushed or compressed by an object, machine, or environment. These accidents include getting hair, clothing, or jewelry caught in machinery, becoming pinned by vehicles, and trench collapses during excavation projects.
Workers struck by falling, swinging, flying, or rolling objects can sustain significant physical injuries. These accidents are often linked to improper handling and transporting of materials and equipment. They usually take workers by surprise, leaving them little time to react and avoid disabling injuries and even death.
The human body acts as a conductor when it touches ungrounded electrical currents. Safety protocols to avoid these injuries include lockout/tagout equipment that isn’t being used, using extension cords properly, and avoiding contact with overhead and underground power lines and exposed wires.
What Are the Most Common Construction Injuries?
Construction injuries range from minor to catastrophic, requiring hospitalization, surgery, and extensive rehabilitation. Some construction injuries are permanently disabling.
Common construction injuries include:
- Broken bones
- Burns and other electrical injuries
- Chemical exposure injuries
- Crushing injuries and amputations
- Facial injuries
- Hearing loss
- Internal bleeding
- Organ damage
- Spinal cord injuries
- Sprains and strains
- Traumatic brain injury (TBI)
- Vision damage
You may still be hurt even if you don’t have immediate and obvious signs of an injury. Symptoms may worsen hours, days, or weeks after the initial trauma. After any construction accident, it’s wise to see your healthcare provider to rule out delayed-onset injuries.
Steps to Take After a Construction Accident
After a construction injury, the steps you take can impact your health and well-being, as well as the outcome of your claim. Here is a brief overview of what to do if you are hurt on the job site.
- Assess the scene: Do not move if you suspect a severe injury or have head, neck, or back pain or numbness.
- Seek medical help: Call 911 or ask someone else to call if you need immediate medical attention.
- Document the scene: If you are physically able, take photos and video of the job site, including any hazards or conditions that contributed to the accident.
- Report the accident: Notify your manager of your accident and injuries as soon as possible. Give them the details of what happened, but do not accept blame. Avoid speaking with an on-site safety inspector or signing anything without consulting your attorney.
- Gather evidence: Whether your condition is eligible for workers’ compensation or you have grounds to bring a personal injury claim, evidence is critical. Save accident reports, medical records, pay stubs, and any other documentation related to your job, your accident, and your medical condition.
- Contact an attorney: Schedule a consultation with a reputable personal injury firm to discuss your case and learn your rights and legal options after a construction injury.
The Importance of Hiring a Boca Raton Construction Accident Lawyer
Construction injury claims are difficult to navigate. Because construction sites are loud, hectic, and bustling with moving people and machines, it’s challenging to discern who is responsible when someone gets hurt.
That is where the skills of a seasoned Boca Raton construction accident lawyer come into play. We guide you through every stage of the legal process, protecting your interests every step of the way.
Our team takes time and care to conduct an exhaustive investigation into the circumstances of the event that led to your injuries, focusing on gathering critical evidence to build a strong case for compensation.
It’s common for construction companies and equipment manufacturers to have teams of attorneys at their disposal. However, we won’t be deterred from advocating for those who deserve to be made whole for the mental, emotional, and financial damages of a possibly life-changing injury.
Who Can File a Construction Accident Lawsuit?
Construction accidents are largely preventable with safety training, proper gear, and consistent equipment maintenance. When workers get hurt, it’s essential to determine the cause and take the appropriate steps to seek justice.
In many cases, the employer fails to train workers on safety procedures, or they do not provide appropriate protective equipment like masks, gloves, footwear, and fall protection equipment. It’s also possible for a defective product, such as tool or machine, to malfunction, causing serious harm.
You may have grounds to file a third-party personal injury claim if:
- You are not an employee: Independent contractors and subcontractors can potentially sue the general contractor, the property owner, or other parties if they are hurt.
- Your employer does not carry workers’ compensation insurance: Florida state law requires employers to provide coverage for their employers. If your employer does not, you may have cause to sue for compensation.
- Other third parties were negligent: It is also possible for third-party individuals or organizations to be responsible for construction injuries. A motorist who strikes a roadside worker or a company that manufactures a faulty construction tool are two examples of when a third-party claim makes sense.
It’s often difficult to receive fair compensation for on-the-job injuries, particularly serious ones. Third-party claims can provide additional damages that aren’t available through workers’ compensation. Consult with a construction accident attorney in Boca Raton who knows the intricacies and nuances of this complex field of law.
Possible Compensation for a Personal Injury Lawsuit
In a personal injury lawsuit, an injured construction worker can seek damages for their losses–if the court finds the defendant breached their duty under contract or violated the plaintiff’s rights.
In Florida, different types of damages are available. Economic damages are objective, measurable losses that can be verified with invoices, bills, and receipts. They include hospitalization, surgery, medication, and physical therapy, along with lost income and future lost wages.
Noneconomic damages are non-quantifiable losses. Physical pain and suffering, emotional distress, and mental anguish are compensable because they have a real and lasting impact on a victim’s quality of life.
Contact Kogan & DiSalvo Today For a Free Consultation
A free consultation with Kogan & DiSalvo is the best way to begin your construction accident claim. You can be confident knowing we will do all we can to build a strong case and fight to recover damages to help you move toward emotional, physical, and financial stability. We also work on a contingency basis, so there are no upfront legal fees.
Call or inquire online to get started today. We are proud to assist clients in and around Boca Raton, Palm Beach County, and throughout Florida.