Working in construction is among the most dangerous occupations in the United States. Serious and fatal construction accidents are alarmingly common—and, each year, far too many workers and families suffer catastrophic losses that could (and should) have been avoided.
Why is this the case?
While working in construction can be dangerous, it doesn’t have to be. Safety equipment is available to workers in all trades, and safety regulations are in place to help protect construction workers on the job. Yet, many companies prioritize their profits over their workers’ safety, and companies in the construction industry routinely break the rules.
The Data on Serious and Fatal Construction Accidents
According to the U.S. Bureau of Labor Statistics (BLS), in Florida, more people die working in construction than working in any other occupation. The BLS’s latest data indicate that nearly a third of all workplace fatalities in the state occur on construction sites and in construction zones.
Similarly, the Florida Department of Transportation (FDOT) reports that there were 53,000 accidents in construction zones from 2017-2021 (the most-recent period for which data are available). This amounts to more than 5,000 accidents per year—and this only includes accidents involving road construction.
This, combined with the fact that many construction accidents go unreported, means that the true numbers of construction-related injuries and deaths in Florida are far higher. While there ultimately might not be much that construction workers can do to protect themselves on the job, holding construction companies and contractors accountable when they fail to protect their workers can help prevent similar incidents in the future.
OSHA’s “Focus Four” Construction Site Hazards
Certain construction accidents are so common that the U.S. Occupational Safety and Health Administration (OSHA) has labeled them as the “Focus Four” (they were previously referred to as the “Fatal Four”). These accidents are:
1. Falls on Construction Sites and in Construction Zones
According to OSHA, falls are among the leading causes of serious injuries and fatalities in the construction industry. This includes (but is not limited to):
- Falls from elevated floors to lower levels
- Falls through floor and roof openings
- Falls resulting from floor and roof collapses
- Falls on the same level during work
- Falls while attempting to job between structures or equipment
Falls involving ladders and scaffolding are extremely common as well; and, as discussed below, inadequate ladder and scaffolding safety are among the most common OSHA safety standard violations on construction sites.
2. Being Struck By Objects on Construction Sites and in Construction Zones
OSHA’s data indicate that “struck by” accidents are among the leading causes of serious injuries and fatalities on construction sites and in construction zones as well. These accidents include:
- Being struck by construction trucks and other vehicles
- Being struck by construction materials while they are being moved or lifted into place
- Being struck by swinging cranes, booms, and counterweights
- Being struck by forklifts and other pieces of construction equipment
- Being struck by falling construction materials, tools, and debris
Similar to falls (and all other types of construction accidents), these accidents are 100% preventable. Yet, they continue to happen—and construction workers and their families continue to find themselves in the position of needing to take legal action to seek justice and accountability.
3. Caught-In and Caught-Between Accidents
Caught-in and caught-between accidents frequently result in catastrophic injuries. These accidents are extremely varied; and, while they can take many different forms, all forms present serious risks for serious or fatal trauma. As identified by OSHA, some of the most common examples of these accidents include:
- Trench cave-ins
- Being pulled into moving tools or construction machinery
- Having clothing items pulled into moving tools or construction machinery
- Being crushed by moving vehicles, trailers, or truck beds
- Wall and building collapses
This is just a small sampling of the types of caught-in and caught-between accidents that can have devastating consequences for construction workers and their families. Here too, when these accidents happen, construction workers and their families will often have clear grounds to take legal action.
4. Electrocution Accidents During Construction
Electrocution accidents during construction are leading causes of construction-related injuries and fatalities according to OSHA as well. OSHA identifies the primary risks related to exposure to hazardous electricity sources by the acronym “BE SAFE”:
- B – Burns
- E – Electrocution
- S – Shock
- A – Arc Flash/Blast
- F – Fire
- E – Explosions
From faulty wiring and failure to follow proper lock out/tag out procedures to ladders and scaffolding coming into contact with overhead power lines, numerous issues can lead to serious and fatal electrocution accidents on construction sites. These accidents will also frequently entitle construction workers and their families to seek just compensation.
OSHA’s “Top 10 Most Frequently Cited Standards” All Relate to Construction
Separate from the “Focus Four,” OSHA also maintains a list of the “Top 10 Most Frequently Cited Standards” in cases involving workplace safety violations. While this list is not specific to the construction industry, all of the violations on this list can—and do—occur on construction sites and in construction zones across Florida.
OSHA’s “Top 10 Most Frequently Cited Standards” are:
- Fall Protection (6,827 violations last year) – Including failure to provide adequate fall protection safety equipment to workers and failure to follow fall protection protocols.
- Hazard Communication (3,121 violations last year) – Including failure to provide adequate warnings about electrical hazards and hazardous materials on construction sites.
- Ladders (2,789 violations last year) – Including failure to observe proper ladder safety practices and failure to properly repair or replace unsafe ladders.
- Respiratory Protection (2,698 violations last year) – Including failure to provide appropriate masks and respirators to construction workers in high-risk environments.
- Control of Hazardous Energy (Lock Out/Tag Out) (2,655 violations last year) – Including failure to ensure proper shutting off of hazardous electricity sources.
- Powered Industrial Trucks (2,440 violations last year) – Including failure to follow safety protocols and procedures regarding forklifts and other construction equipment.
- Fall Protection Training (2,243 violations last year) – Including failure to provide adequate fall protection training to construction workers in language they can understand.
- Scaffolding (1,959 violations last year) – Including failure to observe proper scaffolding safety practices and failure to properly repair or replace unsafe scaffolding.
- Eye and Face Protection (1,929 violations last year) – Including failure to provide necessary personal protective equipment (PPE) to construction workers who use saws and other power tools on the job.
- Machine Guarding (1,676 violations last year) – Including failure to install or replace required guards on power tools and construction machinery.
As you can see, many of these issues overlap with OSHA’s “Focus Four,” and all of these issues can present serious risks for construction workers on all types of job sites. When construction companies and contractors fail to comply with mandatory safety standards (whether state or federal), this can provide clear grounds for injured construction workers and grieving spouses and other family members to file claims for damages.
Understanding Your Legal Rights After a Serious or Fatal Construction Accident in Florida
Since many serious and fatal construction accidents result from safety violations and other issues that can (and should) be avoided, injured construction workers and their loved ones will be able to file claims for damages in many cases. If you are facing the life-altering consequences of a serious or fatal construction accident in Florida, here is an overview of what you need to know about your legal rights:
Filing for Workers’ Compensation Isn’t Your Only Option
While many people assume that filing a workers’ compensation claim is their only option after a serious or fatal construction accident in Florida, this isn’t necessarily the case. Although Florida law prohibits employees (and their loved ones) from suing their employers for on-the-job injuries in many cases, there are still several circumstances in which filing a personal injury or wrongful death claim will be an option.
With that said, if you are eligible for workers’ compensation, you should file a claim. While workers’ compensation only covers employees (not independent contractors), in Florida, “workers’ compensation law does not allow for independent contractors in the construction industry.” Once you hire an experienced lawyer to represent you, your lawyer will be able to help you seek just compensation by all means available.
Various Companies Can Be Held Liable for Serious and Fatal Construction Accidents in Florida
Property owners, contractors and subcontractors, material suppliers, equipment manufacturers, architecture and engineering firms, and various other companies can all potentially be held liable for serious and fatal construction accidents in Florida. This is another important reason to have an experienced construction accident lawyer on your side. Even if you can’t sue your (or your loved one’s) employer, you may be able to sue another company—and this could provide a way to recover damages far beyond the benefits available through workers’ compensation.
Construction Workers and Their Families Can Seek Damages on Various Grounds
Just as several companies can be held liable for construction accidents in Florida, construction workers and their families can seek to hold these companies liable on various grounds. These include (but are by no means limited to) all of the grounds discussed above.
Once you hire a construction accident lawyer to represent you, your lawyer will be able to conduct a thorough investigation focused on determining why your (or your loved one’s) accident happened. This will allow your lawyer to determine what company (or companies) deserve to be held accountable, and this will allow your lawyer to begin the process of fighting for justice on your behalf.
The Lifetime Costs of Serious and Fatal Construction Accidents Can Be Enormous
From medical bills and other out-of-pocket costs to emotional trauma and post-traumatic stress, the lifetime costs of serious and fatal construction accidents can be enormous. These costs can negatively impact all aspects of victims’ and their loved ones’ lives, and this makes it critical for injured construction workers and their families to make sure they are fighting for the full compensation they deserve.
You Can Hire a Lawyer to Fight for Just Compensation on Your Behalf at No Out-of-Pocket Cost
If you have a claim for a serious or fatal construction accident in Florida, you can hire a lawyer to fight for just compensation on your behalf at no out-of-pocket cost. At Silva & Silva, we handle all construction accident cases on a contingency-fee basis. To learn more about what you can expect when you hire a lawyer to represent you, you can read: Construction Accident Claims in Florida: A Comprehensive Guide.
Speak with a Florida Construction Accident Lawyer at Silva & Silva About Your Legal Rights
Do you need help from an experienced Florida construction accident lawyer? If you have been seriously injured or lost a loved one in a construction accident in Florida, we strongly encourage you to get in touch. To schedule a free, no-obligation consultation at Silva & Silva, please call 305-445-0011 or tell us how we can get in touch online today.