If you were injured on a Florida construction site, you may be able to recover workers’ compensation benefits, and in limited instances, additional compensation through a third-party claim. Understanding who can face liability, the types of accidents that can happen, and your legal options is critical following a Manatee County construction accident. Please read on as we delve into important information regarding these cases and explain how our determined Manatee County Construction Accident Lawyers can assist you in securing the compensation you are due.
What Should I Know About Construction Accident Claims in Florida?
As you can imagine, construction sites are inherently risky work environments. Even with strict safety protocols in place, workplace accidents can unfortunately still occur. Construction workers on the Gulf Coast, including those in Manatee County, often face hazards related to heavy machinery, falling objects, electrical injuries, crane accidents, and unsafe job site conditions.
If you have sustained an injury at a Florida construction site, knowing your legal rights and options is essential. Depending on the circumstances surrounding the accident, you may be able to file a workers’ compensation claim, file a third-party suit, or both.
Common Construction Accidents in Florida
- Scaffolding falls
- Electrocution injuries
- Machinery malfunctions
- Forklift accidents
- Falling objects
- Ladder accidents
- Trench collapses
Who Can Be Held Liable After a Construction Accident?
In the unfortunate event that you have been injured at a Florida construction site, you may initially turn to workers’ compensation. While it can provide medical care, wage replacement, and rehabilitation benefits after a workplace injury, regardless of who caused the accident, you waive your right to sue your employer directly for your damages.
However, workers’ compensation does not cover your non-economic losses, like pain and suffering. That is why it’s imperative to understand whether or not a third party’s actions contributed to the accident and your subsequent injuries.
Depending on the specific circumstances of the workplace accident, you may be entitled to pursue a third-party liability claim against negligent parties.
Potentially Liable Parties in a Florida Construction Accident
- Property owners who fail to maintain safe premises
- General contractors responsible for the overall safety of the worksite
- Subcontractors who create unsafe conditions on the job site
- Equipment manufacturers or parts distributors who supply defective machinery or tools
- Negligent drivers who cause roadway construction accidents
- Engineers or architects who create unsafe designs
- Equipment rental companies that fail to inspect or maintain machinery
What Is the Difference Between Workers’ Compensation and a Third-Party Claim?
Following an accident on a construction site in Florida, most workers assume their only option is to pursue a workers’ compensation claim. While this is the primary option for injured workers, some claims may involve a negligent third party, ultimately allowing injured parties to file a separate personal injury claim. These types of claims differ from workers’ compensation in both the purpose they serve and the compensation they provide.
Workers’ Compensation Benefits in Florida
Workers’ compensation can cover:
- Medical expenses
- Partial wage replacement
- Temporary disability
- Permanent disability
- Vocational rehabilitation
Workers’ compensation does not provide compensation for:
- Full lost wages
- Pain and suffering
- Emotional distress
Third-Party Construction Accident Claims
It is important to understand that a third-party claim allows injured parties to seek compensation from a party other than their employer who is at fault for a workplace accident.
Unlike a workers’ compensation claim, you are responsible for proving the third party’s negligence directly caused your injuries and damages. A successful third-party claim allows an injured worker to recover:
- Full lost wages
- Future medical costs
- Pain and suffering
- Reduced earning capacity
- Permanent disability damages
What Must You Prove in a Florida Third-Party Construction Accident Claim?
To succeed in a third-party claim in Florida, you must prove several important legal elements.
Duty of Care
- The defendant had a legal obligation to act with reasonable care
- Construction companies and independent contractors are required to comply with safety regulations
- Property owners must ensure their property is reasonably safe for those lawfully on the premises
Breach of Duty
- The defendant failed to uphold the required standard of care
- For example, OSHA violations, unsafe scaffolding, or providing defective equipment can constitute a breach of duty
Causation
- The breach of duty directly caused the injuries suffered by the worker
- Medical records, accident reports, and witness testimony can help establish cause
Damages
- The injured worker suffered calculable damages as a result
- Can include medical bills, disability, lost income, or emotional distress
What Steps Should You Take After a Florida Construction Accident?
The actions you take in the immediate aftermath of a construction site accident in Manatee County can have a drastic impact on not only the outcome of your claim but also your health and well-being. As such, it’s critical to understand how to proceed in these difficult times.
Important Steps to Take After an Accident
- Seek immediate medical attention, even if you feel okay or injuries appear minor
- Notify your supervisor as soon as possible
- Obtain a copy of the incident report
- Gather evidence at the scene of the accident, including:
- Photos and videos of the accident scene
- Photos of the hazardous condition or defective equipment
- Any damaged clothing or PPE
- Witness names and contact information
- Avoid speaking with insurance adjusters until you have contacted and discussed your circumstances with an experienced Florida injury attorney
Contact an Experienced Manatee County Injury Attorney
In the event you are injured while on a construction site, the team at Becker & Lindauer, LLC, is ready to represent you. We understand how difficult these matters can be, which is why we are committed to helping you determine the best course of action, whether it be pursuing workers’ compensation or exploring your ability to seek a third-party claim. Contact us today for a consultation. We are ready to help you fight for the justice you deserve.
