Construction Site Accident
At Cohen and Cohen Law, our Florida construction site accident lawyers help injured individuals when they have suffered an injury at a construction site in any county throughout Florida.
We Help Construction Site Accident Injury Victims Seek Recovery in All Florida Counties
The aftermath of a construction site accident in Florida can be an extremely challenging and stressful time. Construction accident victims often face painful, serious injuries that require immediate and long-term medical treatment, leading to significant medical bills. If these injuries prevent you from working, you could also experience a substantial loss in income. Beyond the physical injuries, there’s often also emotional distress, which can greatly impact your quality of life. You don’t have to navigate this complex experience on your own. Our Florida construction accident attorneys at Cohen and Cohen Law can provide the support you need.
Depending on the specifics of your case, premises liability or workplace injury concerns could also come into play. Insurance company tactics can create further challenges to your recovery.
Our experienced construction site accident attorneys at Cohen and Cohen Law can guide you through the legal process, account for your damages, and negotiate a fair settlement with insurance companies. Contact us today to schedule a free consultation, where we will assess the unique details of your construction site accident case and plan a strategy to seek the compensation you need. Let us handle the legal complexities so you can focus on healing and rebuilding your life after a construction site accident in Florida.
Common Causes of Construction Accidents in Florida
Construction site accidents in Florida can be caused by various factors. Your construction accident lawyer can assess your legal options in a given scenario. The following are some common causes of construction injuries:
- Fall Hazards: Construction workers can fall from ladders, scaffolding, or other elevated surfaces, leading to serious injuries or death.
- Unsafe Drivers: Construction sites often have heavy vehicles and machinery, and unsafe operation of these can lead to accidents.
- Dangerous Equipment: The use of heavy machinery and tools can cause injuries if they are defective or used improperly. If you suffered injuries due to faulty equipment, your attorney can assess whether this was due to negligence of the construction site owners, the construction company, or other parties associated with the construction job.
- Falling Objects: Items falling from heights can cause severe injuries to construction workers below.
- Crane Accidents: Cranes are used for various purposes on construction sites. There are many circumstances involving cranes that may lead to construction accident injuries.
- Violence: Disputes or disagreements on the job site can escalate into violence, causing injuries.
- Fires and Explosions: Faulty wiring, improperly stored flammable materials, or equipment malfunction can lead to fires and explosions.
- Scaffolding Accidents: Improper assembly or dismantling of scaffolding can lead to severe construction accidents at a job site.
- Inadequate Safety Measures: Lack of proper safety protocols can contribute to construction accidents.
- Perilous Working Conditions: Poorly-maintained or hazardous working conditions can increase the risk of accidents among construction workers.
- Repetitive Motion Injuries: Tasks that involve repetitive movement can lead to injuries such as carpal tunnel syndrome, tendinitis, and bursitis.
Contact our experienced construction accident lawyer team at Cohen and Cohen Law if you have suffered an on-the-job injury at a construction site in Florida. We will evaluate your construction accident case and assess your options to seek full and fair compensation for your injuries and losses. Every construction accident injury case is unique, and Florida law pertaining to work-related injuries can apply differently depending on the scenario. Let us identify what financial compensation may be available to you during a free consultation.
Common Injuries Due To Construction Accidents
Construction site accidents can lead to a variety of injuries, including these common scenarios:
- Falls: Incidents involving falls at a job site can lead to broken bones, concussions, and even death.
- Struck-by Incidents: Workers can be hit by falling objects, moving vehicles, or swinging equipment, causing injuries ranging from bruises to fractures.
- Electrocution: Contact with power lines or faulty wiring can cause electrical accidents involving severe burns or fatal electrocution.
- Caught In/Between Accidents: Workers can be trapped in or between objects, leading to crush injuries, amputations, or death.
- Burns: Fires and explosions can cause serious burn injuries.
- Eye Injuries: Dust, debris, or chemical splashes can lead to vision impairment or blindness.
- Musculoskeletal Disorders (MSDs): These include injuries to muscles, joints, and tendons caused by overexertion or repetitive motion.
- Sprains and Strains: Overexertion or awkward movements can lead to sprains and strains.
- Brain Injuries: Falls, struck-by incidents, and other accidents can cause traumatic brain injuries.
Many workplace accidents and construction accident fatalities occur due to failure to follow occupational safety regulations and guidelines on the job site. Our experienced construction accident injury attorneys at Cohen and Cohen Law help Florida construction workers who seek to recover compensation through a construction accident claim. The skilled construction accident attorneys at Cohen and Cohen Law help injured construction workers cover medical expenses following construction accident injuries.
If you are an injured construction worker, you may have a third-party personal injury claim in addition to a workers’ comp claim. Our construction accident lawyers can assess the events surrounding a serious injury at a construction site to determine whether you may have a personal injury claim against a negligent third party. We help our injured clients pursue fair compensation that may not be available through workers’ comp alone.
Understanding Premises Liability and Construction Accidents
Premises liability legal theory, in the context of construction site accidents, holds that a party who is in possession of a site during the construction process can be held liable for accidents that occur, even if they do not own the property. A construction site accident lawyer can determine how premises liability considerations may apply to your case.
The reason for the injured person’s visit to the construction site can affect responsibilities for their safety and the outcome of a potential lawsuit. Florida law recognizes three categories of visitors:
- Invitees: These are individuals who are invited onto the premises for the benefit of the property possessor. This could include workers employed by subcontractors. For invitees, the possessor has an obligation to maintain a safe environment and to warn of any known dangers.
- Licensees: These are individuals who enter the premises for their own purposes, but with the owner’s permission, such as a real estate broker touring the property. For licensees, the possessor must warn of known dangers, but does not have to inspect for potential hazards.
- Trespassers: These are individuals who enter without any right or invitation. Generally, the possessor does not owe a duty of care to trespassers, except to refrain from willful harm.
In Florida construction site accident cases, premises liability can be complex due to the involvement of multiple parties (e.g., property owners, general contractors, subcontractors), each potentially bearing different levels of responsibility depending on the injured person’s visitor status.
Injured as a Worker on a Construction Site
A worker’s injury on a construction site can be considered both as a workplace accident and a potential personal injury case. In this context, two legal pathways often come into play: workers’ compensation claims and third-party injury cases.
Workers’ Compensation Claims
Workers’ compensation is a form of insurance that provides benefits to injured workers or workers who become ill due to their job. In Florida, the majority of employers in the construction industry are required to carry workers’ compensation insurance.
The key aspect of workers’ comp is that it operates under a no-fault system. This means that an injured worker can seek benefits regardless of who was at fault for the injury. They do not need to prove negligence on the part of their employer or anyone else involved in the accident in order to pursue workers’ comp benefits.
However, accepting workers’ compensation benefits typically means waiving the right to sue the employer for negligence related to the injury. A construction accident lawyer at Cohen and Cohen Law can answer your questions regarding workers’ comp and your options regarding personal injury claims against construction companies or other entities present at the job site.
Third-Party Injury Cases
In contrast to workers’ compensation claims, third-party injury cases involve filing a lawsuit against a party other than the employer who may have contributed to the accident. This could include a subcontractor, an equipment manufacturer, a property owner, or another entity.
In contrast to the requirements of a workers’ comp claim, the injured construction worker in these third-party personal injury lawsuits for construction accident cases must prove that the third party was negligent and that their negligence directly caused the worker’s injuries.
Note that a successful third-party claim can potentially lead to a larger financial compensation amount than a workers’ compensation claim, as it can cover damages like pain and suffering, but would not be covered by workers’ compensation. It is important to seek legal representation from an experienced attorney to determine the claims and damages that may be applicable in your Florida construction accident case.
Types of Compensation for Damages You May Be Able to Seek After a Construction Accident in Florida
In Florida, individuals who have been injured in a construction site accident may seek two main types of compensation for damages: economic and non-economic damages.
Economic Damages
Economic damages are quantifiable financial losses directly related to the injury. These may include:
- Medical expenses (immediate and long-term)
- Lost wages
- Loss of earning capacity
- Rehabilitation costs
- Property damage
Non-Economic Damages
Non-economic damages are subjective, non-monetary losses due to the accident that are more difficult to quantify. These can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
When an employee is injured on the job, their compensation for damages may be limited to workers’ compensation benefits. In Florida, a workers’ compensation claim typically covers all medical bills related to the work-related accident and a portion of lost wages for an injured construction worker. It does not cover non-economic damages like pain and suffering.
However, if a third party (such as a subcontractor, equipment manufacturer, or property owner) contributed to the accident, the injured worker may also file a separate personal injury lawsuit against this party. This could potentially allow the injured construction worker to recover both economic and non-economic damages not covered by workers’ compensation. Your construction accident lawyer at Cohen and Cohen Law can assess the details of your unique case to determine your applicable damages.
Fatal Construction Site Accidents and Wrongful Death Claims in Florida
In Florida, construction site accidents involving fatal injuries may give rise to wrongful death claims. The decedent’s role at the construction site (employee, guest, or trespasser) can significantly impact the applicability of such claims.
- Employee: If an employee dies due to a construction site accident, their dependents may be eligible to seek death benefits through workers’ compensation. However, workers’ compensation benefits are often limited and may not fully compensate for the loss suffered by the family. If a third party’s negligence contributed to the accident, the decedent’s family may also file a wrongful death lawsuit against this party. This could potentially allow the family to recover damages not covered by workers’ compensation, such as pain and suffering.
- Guest (Invitee or Licensee): If a guest is fatally injured in a construction site accident due to the property possessor’s negligence, the decedent’s family may file a wrongful death claim against the possessor. This would require proving that the possessor failed in their duty of care to maintain a safe environment or warn of known dangers.
- Trespasser: In general, property possessors owe a minimal duty of care to trespassers — only to refrain from willful harm. However, if a trespasser is fatally injured, exceptions may apply. For instance, if the possessor was aware of frequent trespassing and failed to address known hazards or warn of them, a wrongful death claim may be possible.
It’s worth noting that Florida’s statute of limitations for the majority of wrongful death claims is two years from the date of death.
How an Attorney Can Help Injured Workers at a Construction Site
An experienced construction site accident attorney in Florida can provide crucial assistance to an injured person following a construction site accident. Here are some ways they can help:
- Evaluate the Case: A construction accident attorney can assess the circumstances surrounding the accident to determine if a viable personal injury or workers’ compensation claim exists.
- Identify Liable Parties: A construction accident lawyer can identify potential defendants, including third parties that may have contributed to the accident.
- Gather Evidence: Our construction accident attorneys can collect and analyze evidence such as accident reports, witness statements, and medical records to build a strong case.
- Calculate Damages: Your construction accident lawyer can accurately quantify both economic and non-economic damages to pursue adequate compensation.
- Negotiate with Insurance Companies: Your attorney can handle negotiations with insurance company representatives, who often try to minimize payout amounts.
- Litigate if Necessary: If a fair settlement cannot be reached, our experienced trial attorneys can represent the injured person in court proceedings.
Our construction site accident attorneys at Cohen and Cohen Law offer free consultations. This provides you an opportunity to discuss your case without any financial obligation. Contact us today to understand your legal rights and options, so you can make an informed decision about how to proceed.
Schedule a Free Consultation with Cohen and Cohen Law to Evaluate Your Florida Construction Site Accident Case and Plan Your Strategy
A construction site accident can put your entire life on hold as you deal with the injuries, struggle to cover expenses on several fronts, and deal with lost wages. Our experienced Florida construction accident attorneys at Cohen and Cohen Law can guide you through the legal process and evaluate your damages and your options in order to seek appropriate compensation for your injuries and losses. We will handle negotiations and processes of construction accident claims so you can focus on what’s important — your recovery and returning to your normal life.
Contact us today to schedule your free initial consultation with a Florida injury attorney at Cohen and Cohen Law by calling (800) 332-6436(800) 332-6436 or by filling out our online form. You will retain access to your lawyer via their cell phone number. When you work with us, you will be treated like family.
During the first call, we will gather the important details of your case and guide you regarding the right way to proceed. This first meeting is always free, with no obligation or pressure. There is no fee unless we win.
Experience Matters — Serving Florida for Over 50 Years
Frequently-Asked Questions Regarding Construction Site Accidents in Florida
What qualifies as a construction accident in Florida?
A construction accident includes any incident that occurs on a construction site leading to injury or death, such as falls, electrocutions, or being struck by an object.
What are some common types of construction site injuries in Florida?
Common injuries include falls, often from roofs, ladders, or scaffolds. Additional common construction site injuries include eye injuries, head injuries (including brain injuries), being struck by falling or swinging objects, and electrocution (which can involve severe electrical burns). Discuss your unique injuries with an experienced Florida injury attorney.
Can I seek compensation for my injuries from a construction accident in Florida?
Yes, you may be able to claim workers’ compensation benefits or pursue a personal injury lawsuit, depending on the unique circumstances of your case.
Who can be liable for a construction accident in Florida?
Potential liable parties can include the construction site owner, contractors, subcontractors, or equipment manufacturers. Discuss the details of your case with an attorney experienced in construction accident cases in order to identify the liable party or parties.
What are common causes of construction accidents in Florida?
Some common causes of Florida construction accidents include inadequate training, failure to use safety equipment, and violation of safety codes.
How can a Florida construction accident lawyer help me if I was injured on a construction site?
A construction accident lawyer can help determine liability, gather evidence, prepare a tailored legal strategy, negotiate with insurance companies, and represent you in court if necessary. Request a free consultation to review the details of your unique case.
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