Construction sites are among the most dangerous places to work. From slips, trips, and falls to electrocutions, injuries on job sites are sometimes the result of the employer cutting corners or other forms of negligence. In these situations, workers who are seriously injured may be able to seek compensation above and beyond their workers comp benefits.
If you’ve been hurt on a construction site, call our firm or use our online contact form to see how we can help you get the maximum financial compensation you deserve. Protect your rights with the assistance of a Delray Beach construction accident attorney. Free consultation.
The Bureau of Labor Statistics reports that the private construction industry is Florida’s most dangerous. It had the highest rates of workplace accidents, injuries, and fatalities in 2021.
These are some of the most common injuries caused by construction accidents:
- Broken and fractured bones
- Head, neck, and spinal cord injuries
- Amputation of limbs or digits
- Burns and electrical shocks
- Exposure to toxins or hazardous materials
Construction sites inherently have many hazards that can lead to severe accidents and injuries. These include dangling wires, ladders, construction debris, heavy equipment, and dangerous materials. Dealing with these is just part of the job, but sometimes things can go dangerously wrong.
Here are some of the most common causes of construction accidents:
- Negligence of the employer or other workers
- Poorly maintained equipment
- Unsafe working conditions
- Lack of safety gear and protective clothing
- Unattended open pits or trenches
- Falling objects
- Inadequate training of employees
- Exposure to hazardous materials
When workers suffer injuries at construction sites, workers’ compensation benefits usually cover most or all of the cost. The benefits you may receive include the following:
- Medical Benefits: These cover medical treatment, hospital services, and prescriptions related to the work injury. Examples include surgery, medication, physical therapy, and medical equipment.
- Temporary Disability Benefits: You may be eligible if your doctor determines you cannot work due to your work-related injury. This benefit replaces lost wages for a max of 104 weeks while you’re recovering.
- Permanent Disability Benefits: If the work-related injury results in a permanent impairment and you cannot return to work or only work reduced hours, you may be eligible for permanent benefits.
- Death Benefits: In severe cases where a work-related accident results in death, the worker’s dependents may be eligible for death benefits. This can help cover funeral expenses and financially support the deceased worker’s family.
To receive workers’ comp benefits, eligible persons must file a claim within 30 days of the injury, its discovery, or its first noticeable impact.
This is separate from the statute of limitations for personal injury lawsuits, which is two years in Florida.
Workers comp may not fully cover all the losses incurred from a construction accident. In certain circumstances, such as when negligence from a third party or employer misconduct caused the injury, you may pursue additional compensation through a personal injury lawsuit.
That’s where a Delray Beach construction accident attorney from Kogan & DiSalvo can step in and assist you. These are some of the parties usually named in third-party claims:
- Property owners
- Equipment manufacturers
- Contractors and subcontractors
- Negligent drivers
- Government agencies
Navigating a personal injury claim after a construction accident can be complex and overwhelming. Our dedicated legal team at Kogan & DiSalvo can provide vitally important services in these situations.
Here’s a rundown of the personal injury claim process after a construction accident in Delray Beach:
- Consultation with an Attorney: An experienced lawyer can help you understand the intricacies of your case, estimate the total value of damages that you might be able to claim, and explain all the legal options available to you.
- Investigation: Our firm conducts thorough research into the accident. We collect necessary evidence such as accident reports, witness testimonies, and medical records.
- Filing the Lawsuit: Your personal injury lawyer will file a lawsuit against the liable party.
- Discovery Phase: Both sides exchange information collected in their investigations during this phase. It’s a critical component of the legal process that allows each party to prepare for trial.
- Negotiation and Settlement: Most cases are settled during this step. Here, your attorney negotiates with the defendant’s representative for fair compensation. If they reach an agreement, the case concludes.
- Trial: If the parties cannot agree on a fair settlement, the case goes to trial, and a judge or jury determines the outcome. A settlement is still possible until the final judgment.
- Appeal: If the case result is unsatisfactory, your attorney can file an appeal on your behalf. When this happens, a higher court reviews the proceedings and outcome of the trial.
Construction accidents often involve many complex factors, making them challenging to navigate alone. A Delray Beach construction accident attorney can navigate these complexities and give you the best possible chance for a favorable resolution. Here’s why:
- Understanding Laws and Regulations: Construction sites are governed by a web of local, state, and federal laws. An attorney versed in this field can help interpret these laws and how they apply to your case.
- Investigating the Incident: Determining fault in a construction accident can be tricky. An experienced attorney can conduct in-depth investigations, collect evidence, and establish liability.
- Dealing with Insurance Companies: Insurance companies often try to minimize payouts. A qualified lawyer can negotiate effectively with these companies, improving the odds of you getting your rightful compensation.
- Legal Representation: If your case goes to court, you’ll need a knowledgeable advocate by your side. A construction accident attorney can represent your interests, present your case persuasively, and guide you through the legal process.
Our attorneys bring decades of experience to the construction injury cases we handle. Teamwork and professional knowledge have helped us build a strong reputation for delivering results.