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Construction sites are some of the most dangerous workplaces. The U.S. The Bureau of Labor Statistics reported that of the 300 or more workers who died in Florida on the job in the past year, 91 percent of them were in the private construction sector. Florida construction accidents are more likely to occur when workers work at high altitudes, near busy roads, in trenches, and around toxic chemicals and live electricity. Even more workers survive, even if they suffer serious injuries.
Recent incidents of construction accidents in Florida include:
- In Orange County, a 35-year-old construction worker died after being hit by a moving vehicle while working in a road construction zone.
- In Lake County, a 27-year-old construction worker died when the walls of a road widening trench collapsed on him. The recovery of his body took 10 hours.
- In Miami-Dade County, a 43-year-old worker died when heavy machinery fell on him. One week after his death, his widow had their second child.
Our Lakewood Ranch Construction Injury Lawyers will explain that it IS possible to file a lawsuit by workers injured in Florida building accidents. Most cases involve third-party lawsuits, rather than direct lawsuits against the employer. Florida’s workers’ compensation law – F.S. The Florida workers’ compensation laws – F.S. However, there are some exceptions, and more commonly, situations in which third parties are responsible.
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After a Florida Construction Accident Injury: Legal Options
Workers’ compensation, also known as the “grand bargain”, is a system that was introduced during the Progressive Era, when workers were given more rights. In exchange for less generous but more secure benefits, workers who had been injured in the workplace gave up their right to sue for personal injury damages. As time went on, however, the bargain has become less appealing to workers. The non-profit journalism organization ProPublica did a great investigation into the erosion of workers’ compensation rights over the past few decades. Bottom line: it’s difficult to get full and fair compensation, especially for serious on-the-job accidents. Third-party claims may allow for additional damages not covered by workers’ compensation. These include pain and suffering as well as mental anguish and loss of companionship.
If you have suffered a work injury:
Many construction companies hire subcontractors for their work.
You may be able to file a claim if your employer or the subcontractor is negligent. The more the defendant controlled the site, the greater the responsibility they had to provide a safe work environment.
Third parties were negligent.
A roadside worker who is struck by a driver would have the right to sue that motorist. You may be able to file a third-party product liability claim if you are using a tool that malfunctions.
The employer has committed an intentional tort that resulted in the death of the employee.
A deliberate tort can be proven by showing evidence that the company engaged in conduct, knowing that it was likely to cause serious injury or death, given previous explicit warnings or other similar accidents. It is an extremely high standard of proof and is rarely used in Florida personal injury laws.
The employer did not obtain workers’ compensation insurance as required by the state.
The Florida Division of Workers’ Compensation states that employers who are working in Florida must have workers’ compensation insurance. The coverage requirements are different depending on the industry, the number of employees, and the structure of the entity. Workers’ compensation insurance is required for all employees in the construction industry. This includes business owners, corporate officers, and Limited Liability Company members. Out-of-state employers must inform their insurers that they are working in Florida. If there is no coverage, the out-of-state employer will need to obtain a Florida policy from an approved carrier. Contractors must ensure that all subcontractors are covered by workers’ compensation insurance before breaking ground on a new project. In the absence of coverage, these workers are considered employees for workers’ compensation. An employer who does not carry the required insurance can be sued for failure to comply with the law by an injured worker or their surviving family.
There are some Florida construction accident cases that can be settled out of court. Your attorney will identify all parties that may be liable and negotiate with the insurers. Sometimes, the defendants will fight back. A skilled and experienced lawyer can make all the difference to your success.
W. Lee Clark & Associates offers a free consultation if you have been injured in Bradenton, North Port, Lakeland, Tampa, St. Petersburg, and Haines City, FL.
