Who Is Responsible for a Construction Accident?
Construction accident injury claims generally fall into one of two broad categories:
A construction site worker who suffers an injury on the job cannot sue their employer for damages in almost all cases. However, workers’ compensation benefits are usually available for construction site injuries. They are available regardless of fault. That means you don’t have to show that your employer did anything wrong. You can also recover benefits even if the accident was your fault. Losses covered by workers’ compensation include medical bills and partial replacement of lost wages.
In some cases, an injured worker’s bills may exceed the limits of the worker’s compensation. Workers’ compensation also does not pay for pain and suffering and some other losses. If someone other than your employer did something wrong to cause your injury, you may be able to bring a lawsuit against them. For example, a construction worker who is hurt by a subcontractor’s mistake on a job site could file both worker’s compensation and third-party claims. Third-party claims are filed with the at-fault party’s liability insurance carrier or directly against the at-fault party.
How a Lawyer Can Help in a Construction Accident Claim
Large construction companies and their insurers have teams of lawyers to try to justify the denial of claims in these circumstances. It is important for injured victims to seek the help of an experienced attorney to protect their rights.
In some cases, an insurance company may deny the claim and argue that the injury did not happen during the course of employment. The insurer may also attempt to limit the amount of the claim or suggest that certain medical treatments are not needed or that they are excessive. When claims are in danger of being denied or reduced, you need the advice of an experienced Gainesville workers’ compensation attorney to help defend you.
If your construction site accident was caused by a third party, you may have the option of pursuing additional compensation through a third-party lawsuit. It is important to have a knowledgeable attorney on your side to help you with these complex cases. In third-party construction accident cases, an attorney can handle both the workers’ compensation claims and the third-party lawsuit at the same time. Our experienced construction accident lawyers have a combined 100 years of experience in these matters, so we understand the complexities of workers’ compensation and third-party cases.
When you hire us to represent you, our Gainesville workers compensation lawyer will undertake a comprehensive legal effort designed to help you obtain all the compensation you deserve from every source. We will help you aggressively pursue all legal options available. Our efforts are aimed at putting you in the best possible position to move forward with your life, whether a case is resolved through a pretrial settlement or a jury verdict.
Compensation in Florida Construction Site Accident Claims
After a construction site accident, you may face a lifetime of medical treatments, surgeries, and rehabilitation. The resulting medical expenses can be astronomical. You may also miss work and the income that comes with it. In severe cases, you may never return to work again.
A construction job site injury can lead to serious financial hardship for you and your family. It’s important to know what type of compensation you can receive for worker’s compensation and third-party claims.
Workers’ compensation benefits are limited to the categories of damages that are determined by Florida state statutes, which may or may not entirely compensate the injured worker for their losses. Florida workers’ compensation provides only for the following categories of benefits:
- Medical Benefits. Employers are responsible for providing medical treatment through an insurance carrier for all medical procedures that are deemed necessary, such as doctor’s visits, hospitalization, tests, physical therapy, medication, and mileage reimbursement for travel to and from appointments.
- Lost Income. Temporary disability benefits apply when an authorized workers’ compensation doctor determines that an employee cannot return to work right away. These benefits pay an amount that is 66 2/3% of a worker’s regular wages at the time of injury, up to a maximum limit.
- Death Benefits. If a worker dies within one year of the date of the accident or after five years of continuous disability, the surviving family is allowed up to $7,500 in expenses for the funeral compensation for any dependents as well as additional benefits for the worker’s surviving spouse.
Sometimes workers’ compensation not enough to cover damages the worker has suffered. If a third-party claim is filed, compensation received from the company’s liability policy could cover the remainder of the employee’s losses. Third-party actions in construction site accident lawsuits can be based upon the following:
- Personal injury. The worker needs to prove that the company failed to provide the basic elements to ensure his or her safety, failed to provide a duty of care, and that the injuries were the direct result of the company’s breach of duty.
- Products Liability. If the construction accident was caused by a defective product, the worker may be able to file a products liability claim against the manufacturer, distributor, or seller of the defective products.
- Wrongful Death. If a worker dies due to the negligence of a third party, the surviving family members may be able to file a wrongful death lawsuit against them.
An experienced construction site accident lawyer will be able to help you and your family fight to get additional compensation, including:
- Medical expenses, hospital bills and rehabilitation costs associated with treatment for your injuries.
- Lost income from missing time from work from an injury, including lost earning capacity for the future.
- Emotional trauma that you may suffer due to your injury.
- Pain and suffering, including diminished quality of life.
- Wrongful death
Common Types of Construction Accident Injuries
Construction workers can sustain a variety of serious and devastating injuries, including the following examples:
These consequences of these injuries can be devastating, physically, emotionally, and financially. If you have experienced these or other injuries due to a construction accident, contact a construction accident lawyer right away for help.