Construction workers injured on the job site are usually entitled to workers’ compensation under Florida law. However, in the case of catastrophic injuries, these benefits may not be enough to pay costs for medical care and lost income. In addition, some injured workers may have grounds to file a personal injury lawsuit if a third party’s negligence caused their condition.
If you’ve been seriously hurt in a construction accident, contact us at Kogan & DiSalvo. We are thoroughly familiar with personal injury claims for injured workers who might be able to seek compensation outside of workers’ comp benefits. These could include pain and suffering, emotional anguish, and loss of spousal consortium. Schedule a free consultation, and we will be happy to answer your questions and assess your case.
Experienced Construction Accident Lawyers in Florida
The laws regarding work accidents and injuries in Florida are complex and nuanced. It takes a skilled and experienced construction accident lawyer to fight for fair and reasonable compensation. Our award-winning personal injury lawyers provide the personal attention, rigorous preparation, and legal acumen your case deserves.
We are proud to represent clients throughout South Florida and across the state, including:
What Are the Different Types of Job Site Accidents?
Recently, more than 75,000 nonfatal construction injuries were reported nationwide, according to data compiled from the Bureau of Labor Statistics. These accident rates are not surprising when you consider that construction sites are inherently dangerous places. Hazardous conditions, including heavy machinery, toxic materials, and proximity to power sources, are always present, particularly in Florida, where the climate permits year-round construction projects.
Through reporting and enforcement, the Occupational Safety and Health Administration (OSHA) has identified the top four hazards in the construction industry:
These include falls on wet surfaces or walkways obstructed by tools, materials, and debris. Falls from ladders and scaffolds are also among the leading causes of fatal and nonfatal construction injuries nationwide.
Caught-In or Between Accidents
Caught-in or between injuries result from an individual being caught, squeezed, pinched, compressed, or crushed between parts of an object or two or more objects. Examples include the moving parts in a piece of machinery and unstable soil that caves in on top of a worker during excavation.
A struck-by injury happens when a worker experiences blunt force impact from a falling, flying, swinging, or rolling object. This can be as small as a hand tool or as massive as a moving vehicle.
Direct contact with electrical currents in exposed wires, unlocked devices, and power lines can be dangerous, if not deadly. Electrical injuries cause damage to the skin or internal organs that varies in severity depending on the voltage’s type, strength, and duration.
Common Construction Injuries
A severe construction injury is more than just physically challenging. These conditions often require hospitalization, surgery, and extensive physical therapy to heal. Unfortunately, a full recovery is not possible for all injured workers.
Common construction injuries include:
- Bone fractures
- Bruises, cuts, and punctures
- Hearing damage
- Internal bleeding
- Organ damage
- Sprains and strains
- Traumatic brain injury (TBI)
- Vision loss
- Spinal injuries
In addition to the physical pain and disability construction workers experience after a traumatic accident, many experience mood disorders such as depression or PTSD that affect their ability to work, sleep, exercise, and engage with friends and family.
What to Do After an Accident
If you work in construction, here are the four most important steps to take after an accident:
- Seek medical help. If your condition is urgent, call 911 or ask someone nearby to do it. Try not to move. Wait for help to arrive. If you do not need emergency assistance, see your healthcare provider soon after to rule out conditions that may not cause immediate symptoms.
- Document the scene. When you are safe and able to do so, document the accident scene with photos and videos. Try to capture any obvious safety violations that contributed to your injuries. If anyone witnessed the event, ask them to write down their account.
- Report the accident. Most employers have specific procedures for reporting workplace accidents and injuries. Notify your manager through these channels as soon as possible. Stick to the basic details and avoid accepting blame.
- Seek legal advice. Contact a knowledgeable construction accident attorney in Florida to discuss your case and learn your rights and legal options under the law.
These steps we’ve provided will not only help make a difference in your physical and emotional health and well-being. They also help to protect your interests and preserve key evidence if you decide to file a personal injury claim in the future.
Who Can File a Construction Accident Lawsuit?
Construction workers who meet any of the following conditions may be eligible to file a personal injury claim for damages:
- They are not employed by the company running the job site. This includes subcontractors and independent contractors who would not be covered by workers’ compensation.
- Their employer does not carry required workers’ compensation insurance. Florida state law requires most employers to have coverage; failure to do so may be grounds for civil action.
- A negligent third party directly caused the worker’s injuries. A third-party individual or company is often negligent, leading to accidents. For example, if a defective tool malfunctions, causing severe injuries, the designer, manufacturer, or retailer may be to blame.
- The employer’s intentional tort resulted in a worker’s death. A deliberate or intentional attempt to cause harm or blatant disregard of safety protocols is also grounds for a third-party claim. However, it has a very high burden of proof and, as a result, is rarely used in Florida civil law.
The best way to assess your situation is to make an appointment with a construction accident attorney in South Florida.
Investigating Work Accidents in Florida
An investigation is the foundation of a strong personal injury claim. Your legal team will meticulously review every piece of evidence in your case, including accident details, medical reports, video surveillance, and eyewitness accounts. With this information and documentation, it could be possible to show how and why the construction accident happened—and who is liable.
At Kogan & DiSalvo, we know just how critical this process is. We take the time, care, and attention necessary to build the most compelling case possible for damages while managing your claim as efficiently as possible.
Reach Out to a Florida Construction Accident Lawyer
If you were hurt on the construction site, don’t wait another day for the compensation you deserve. We know how difficult it can be when medical expenses and other bills pile up, and you’re unable to work to support your family because of your injuries. Schedule a free consultation today; there is no obligation to hire us. Finally, we work on a contingency basis, so there are no upfront legal fees.