Construction accidents are among the leading causes of job-related injuries and deaths in Florida. Far too often, these accidents are the result of poor safety practices, hazardous property conditions, and other issues that construction companies and property owners could (and should) prevent. Given that this is the case, construction workers and families that have lost loved ones in fatal construction accidents will often have strong claims for financial compensation.
But, even when your legal rights are clear, asserting them is not easy. As a result, it is important to have a highly experienced construction accident lawyer on your side. If you have questions about filing a claim, we encourage you to read this comprehensive guide to construction accident claims in Florida—and then contact us promptly for a free, no-obligation consultation.
Filing a Personal Injury Claim for a Construction Accident in Florida
If you have been seriously injured in a construction accident, seeking full compensation for your losses will involve filing a personal injury claim. While every case is unique, there are several potential grounds for filing a personal injury claim after a construction accident in Florida. These include:
- Failing to Follow Safety Protocols – Failure to follow safety protocols is an all-too-common cause of preventable accidents on construction sites. In many cases, companies knowingly cut corners when it comes to safety in order to boost their profits, even though they know that they are putting workers at risk.
- Ignoring Known Safety Risks – Along with failing to follow safety protocols, ignoring known safety risks is an alarmingly common issue as well. Once a contractor or property owner identifies a safety risk on a construction site, making sure the issue does not lead to injuries should be among the contractor’s or property owner’s top priorities.
- Hiring Inexperienced or Unqualified Workers – In many cases, construction workers suffer serious injuries on construction sites as the result of other workers’ mistakes. When contractors, subcontractors, and other companies hire inexperienced or unqualified workers, they can (and should) be held fully accountable when their hiring decisions lead to preventable accidents.
- Dangerous Property Conditions – Dangerous property conditions can range from engineering and structural issues to slip and trip hazards. As a construction worker, you have the right to assume that the property where you are working is not unreasonably dangerous and does not pose hidden risks.
- Dangerous Tools, Construction Materials, and Other Products – Dangerous tools, construction materials, and other products can cause sudden and unexpected accidents as well. When dangerous and defective products are to blame for accidents on the job site, the companies behind these products can be held fully liable for injured workers’ financial and non-financial losses.
These are just examples. Numerous issues can put construction workers’ safety at risk, and many of these issues will justify personal injury claims under Florida law. With this in mind, the following are also just some examples of the types of construction accidents that will often entitle injured workers to just compensation:
- Accidents involving construction trucks and delivery trucks
- Accidents involving cranes, forklifts and other heavy equipment
- Building collapses
- Electrocutions
- Hand tool and power tool accidents
- Injuries caused by inadequate access to safety equipment
- Injuries caused by ineffective safety equipment
- Ladder, scaffolding, and roofing accidents
- Objects falling from overhead
- Slip-and-fall and trip-and-fall accidents
An important fact to know about personal injury claims involving construction accidents is that injured workers cannot file these claims against their employers in most cases. As a result, if you are an employee and your employer is responsible for your injuries, you might be limited to filing for workers’ compensation. However, from property owners to product manufacturers, various parties can potentially be liable for accidents on construction sites; and, at this point, you should not be making any assumptions about the type(s) of claim(s) you may be eligible to file.
Another important fact to know about personal injury claims involving construction accidents is that contractors, property owners, product manufacturers, and other defendants will not hesitate to blame victims for their own injuries. If you are accused of being partially responsible for your injuries, this could reduce—or even eliminate—the damages you are entitled to recover. Here, too, it is important not to make any assumptions, and instead to ensure that you are making informed decisions based on the advice of a construction accident lawyer who has your best interests in mind.
Filing a Wrongful Death Claim for a Construction Accident in Florida
If you have lost a loved one in a fatal construction accident in Florida, you sadly are not alone. All of the issues that can lead to non-fatal accidents on construction sites can tragically lead to fatal accidents as well.
In this scenario, seeking justice for your loved one’s untimely passing involves filing a wrongful death claim. If a company could be held liable for a non-fatal accident in a personal injury claim, then it can be held liable for a fatal accident through a claim for wrongful death. In wrongful death claims involving construction accidents, eligible family members can seek compensation for their:
- Funeral expenses, burial or cremation expenses, and other out-of-pocket costs
- Loss of income, benefits, and inheritance resulting from their loved one’s death
- Mental anguish resulting from their loved one’s death
- Loss of consortium and companionship
- Loss of guidance, services, and support
The financial and non-financial costs of losing a loved one in a fatal construction accident can be too much for many families to bear. Filing wrongful death claims allows families to recover compensation for these costs—even if no amount of compensation will ever truly be enough.
While it can be extremely difficult to move forward after losing a loved one in a fatal accident, you should know that it is important to hire a lawyer promptly in this scenario. Your family’s lawyer will need to conduct a thorough investigation, and you will want to rely on a lawyer’s advice to make sure you are not making mistakes that could jeopardize your family’s claim. At Silva & Silva, we handle all construction accident claims at no out-of-pocket cost to our clients, and we can shoulder the burden of pursuing your family’s claim while you focus on being with your loved ones.
Other Potential Claims After a Construction Accident in Florida
While many construction accidents involve issues that justify personal injury and wrongful death claims, there are always exceptions. For example, as we discussed above, employees are prohibited from filing personal injury claims against their employers in some cases. But, even if you don’t have a personal injury or wrongful death claim, you may have other legal options available, and you will want to discuss all of your options with your lawyer.
Additionally, in some cases, construction workers and their families will be eligible to file multiple claims for compensation. Since personal injury and wrongful death cases can take time to resolve, it may make sense to file one (or more) of the following claims to obtain financial relief in the short term:
- Workers’ Compensation – Employees and their families can file for workers’ compensation benefits following serious and fatal construction site accidents. Workers’ compensation benefits provide limited coverage for lost earnings, medical costs, and funeral and burial expenses.
- Social Security – Two Social Security programs—Social Security Disability (SSD) and Supplemental Security Income (SSI)—pay benefits to eligible workers who have suffered disabling injuries on the job. While the eligibility criteria for SSD and SSI vary, injured construction workers will be entitled to both types of benefits in many cases.
- Unemployment – Construction workers who lose their jobs after getting injured may also be entitled to Florida unemployment benefits. While these benefits will not cover all of the cost of suffering a job-related injury, they can help you manage your bills while you are unable to work.
Regardless of the claim(s) you are eligible to file, there are several ways an experienced construction accident lawyer will be able to help you. Since it costs nothing out-of-pocket to hire a lawyer, you have no reason not to make sure you are pursuing all of the options you have available.
How You Can (and Should) Protect Your Legal Rights
While you can (and should) hire an experienced construction accident lawyer to assert your legal rights, there are some important steps that you need to take in order for a lawyer to be able to help you. For example, to protect your legal rights, you should:
1. Document and Report the Accident (if Possible)
If possible, you should document the accident and report it to your (or your loved one’s) employer. If you aren’t sure what to do—or if you have concerns about reporting the accident—our lawyers can help.
2. Get the Treatment You Need
One of the most important steps you can take to protect your legal rights is to get the treatment you need. Keep in mind, however, that if you have a workers’ compensation claim for an injury you suffered on the job, you may need to see a doctor who has been pre-approved by your employer.
3. Schedule a Free Consultation
The sooner you can schedule a free consultation with a construction accident lawyer, the better. There is no reason to wait, and taking action promptly will maximize your chances of recovering just compensation as soon as possible. Our lawyers are available to speak with you, and we encourage you to contact us right away.
How an Experienced Construction Accident Lawyer Can Help You
Once you hire a lawyer at Silva & Silva to represent you, your lawyer will get to work on your case promptly. Here are just some of the ways an experienced construction accident lawyer at our firm will be able to help:
1. Determining What Claim(s) You Can File
One of our first priorities will be to determine what claim(s) you are eligible to file. This will involve conducting a thorough investigation to determine exactly what happened, why it happened, and who is responsible.
2. Determining How Much You Are Entitled to Recover
Another one of our top priorities will be to determine how much you are entitled to recover. Whether you are dealing with a job-related injury or coping with the loss of a loved one, the value of your construction accident claim could be far greater than you realize.
3. Making Sure You Do Not Settle for Less Than You Deserve
No matter how much you are entitled to recover, we will help make sure you do not settle for less than you deserve. We will help you make informed decisions throughout the process, and we are prepared to take any and all necessary legal action on your behalf.
Contact Us for a Free Consultation with a Florida Construction Accident Lawyer Today
Do you need to speak with a lawyer about filing a construction accident claim in Florida? If so, we invite you to get in touch. To speak with a Florida construction accident lawyer at Silva & Silva, call 305-445-0011 or request a free consultation online today.