Construction Accident Lawyer

Construction is the most hazardous industry in the country, according to the U.S. Bureau of Labor Statistics. Roughly a thousand construction workers are killed each year in the U.S., and over 200,000 more injured. Who compensates the injured victim when a construction worker or innocent bystander is injured in a construction area?

Construction companies are responsible for following workplace safety rules and taking precautions to protect their employees. When the construction company fails to follow safety regulations or address foreseeable hazards at a job site, it can lead to severe injuries.

If you or someone near you has been injured in a construction accident in Orlando, FL, a construction work injury lawyer at Fighter Law is ready to help you. With decades of personal injury law experience, our compassionate lawyers in Orlando, Florida, will listen to the details of your case and help you understand your legal options.

Common Causes of Construction Related Injuries

Construction workers and bystanders to construction sites face various hazardous conditions that can lead to severe injury.

According to leading insurance companies, the top 10 reported worker’s compensation injuries include :

• A fall from a scaffold, roof, or ladder
• Being caught or pinned between two objects
• Falling debris
• An electric shock from a loose wire or equipment
• Operation of a vibrating tool like a jackhammer
• Failure to use protective gear or equipment
• Faulty equipment
• A fire or explosion
• Carrying, lifting, or pushing a heavy object
• Exposure to poisonous chemicals or substances
• Tripping or falling into unexpected ditches or holes
• Vehicle accidents

OSHA Administration regulates and monitors workplace safety to protect workers from dangerous working conditions and work site hazards. Under OSHA regulations, employers must adhere to specific safety rules. Employees have the right to report employers who violate these standards.

Thomas Fighter is Board Certified by the Florida Bar and AV Rated Preeminent by Martindale Hubbell. He has over a decade of successful legal experience and is driven to get you the best possible results for your injury case.

How Can You Recover Damages in a Construction Accident Claim?

Suppose your employer carries workers’ compensation insurance. In that case, you may file for workers’ comp benefits for most accidents while acting within the scope of your construction job.

The types of benefits available through worker’s compensation in Florida can help cover  medical bills and income lost due to a work-related illness or injury. If an employee dies in a workplace accident, surviving family members may be compensated for burial expenses and receive death benefits to cover financial losses caused by the loss of a loved one in a construction accident.

You must follow specific steps to file a workers’ compensation claim, including: 

• Notifying your employer about your injuries within thirty working days of the accident. Your company should provide you with a list of healthcare providers approved for you to see.
• Within one year of learning of your injury, filing a claim for compensation for a work-related Injury.

If the workers’ comp insurance provider denies your claim, you can appeal their decision through the Office of Judges of Compensation Claims (OJCC). Usually, employees are prohibited from suing their employers for workplace injuries because workers’ compensation insurance covers them. However, if a person dies due to someone else’s negligence or misconduct, their survivors could file a claim for wrongful death. 

To succeed in a lawsuit, the survivors must prove:

1. The death of a person;
2. The death was due to another’s negligence; and
3. Surviving family members suffered some monetary injury because of the death.

If a Florida employer does not carry workers’ comp insurance, employees have a right to sue their employer or third party for on-the-job injuries under Florida law. Non-employees have a right to file a personal injury lawsuit if injured while visiting or passing by a construction site.

The types of compensation typically available through a construction injury lawsuit could include:

• Medical bills
• Future medical expenses
• Lost wages and earnings
• Inability to earn income in the future
• Physical Pain and suffering
• Mental anguish
• Loss of consortium or companionship

Seeking compensation requires you to file a personal injury lawsuit within four years of the date of the accident. Otherwise, you may lose the right to make a claim and demand compensation.

The injured party must prove the following elements:

• The person or company they are suing had a duty to keep them safe
• They breached this duty through wrongdoing or negligence
• Such wrongdoing or negligence caused the victim’s injuries

Laws that apply to construction injury lawsuits in Florida would likely confuse individuals who try to handle an accident claim on their own. However, a knowledgeable personal injury lawyer can evaluate your case at no charge and help you understand your entire range of legal options.