Construction accidents are far more common than they should be. While several legal rules and regulations exist specifically to protect construction workers, safety violations are common, as contractors and subcontractors routinely prioritize cost savings over their workers’ safety.
If you have been injured in a construction accident in Florida, you have clear legal rights. However, protecting your legal rights is not easy. Fortunately, you can hire a lawyer to help you—and you can do so at no out-of-pocket cost.
When we represent injured construction workers, we begin by clearly explaining their legal rights and the options they have available. We then rely on our extensive experience to seek just compensation on their behalf. If you need help, we encourage you to continue reading to learn more about your situation—and then contact us promptly to arrange a free consultation.
Three Types of Claims After a Construction Accident in Florida
While the options you have available depend on your circumstances, construction workers often have three types of claims they can file after an accident on the job. Depending on your circumstances, a lawyer may be able to help you file one (or more) of the following:
- A Workers’ Compensation Claim – Some (but not all) construction workers are eligible to file workers’ compensation claims. Workers’ compensation provides limited “no-fault” benefits to employees who get injured within the scope of their employment.
- A Personal Injury Claim – If your construction accident was someone else’s fault, you may have a personal injury claim. While employers that provide workers’ compensation coverage are generally immune from personal injury claims, construction accident cases can potentially involve claims against a variety of different companies.
- A Claim for Other Benefits – In many cases, injured construction workers are eligible for government benefits as well. If you are eligible for Social Security disability or other benefits, your lawyer can help make sure you do not leave any money on the table.
Filing a Workers’ Compensation Claim After a Construction Accident
We’ll cover workers’ compensation claims first. Many (but not all) construction workers who get injured on the job are eligible for workers’ compensation benefits. Being eligible for workers’ compensation has both positives and negatives. Here’s what you need to know:
- Workers’ Compensation Benefits Are Available to Eligible Employees – To qualify for workers’ compensation benefits, you must be an employee of the company you work for. If you are an independent contractor, then you generally will not qualify for benefits.
- Workers’ Compensation is a “No Fault” System – One of the positive aspects of workers’ compensation is that it is a “no-fault” system. This means that you can file a claim even if you can’t prove that your employer is responsible for your injury.
- Workers’ Compensation Benefits Are Limited – However, one of the negatives of workers’ compensation is that it does not afford the ability to recover all of your injury-related costs. Instead, workers’ compensation benefits are typically limited to your medical expenses and a portion of your lost wages.
- Strict Deadlines Apply to Workers’ Compensation Claims – To file for workers’ compensation, you need to meet strict deadlines. If you miss these deadlines—even by a day—you won’t be able to collect any benefits for your injury.
- Obtaining Workers’ Compensation Is Not a Simple or Straightforward Process – While the workers’ compensation system is supposed to make recovering benefits easy, this is not the case. Employers and their insurance companies routinely deny claims, and many employees are forced to fight for the benefits they deserve.
If you got injured while working in construction, one of your priorities should be to find out if you are eligible for workers’ compensation. Not only are there steps you need to take promptly if you are eligible; but, if you aren’t eligible, there is an entirely different set of steps you will need to take to protect your legal rights.
Filing a Personal Injury Claim After a Construction Accident
Injured construction workers in Florida can also file personal injury claims in many cases. If you are eligible for workers’ compensation, then you may not be able to file a personal injury claim against your employer, but you can file a claim against any other company that is responsible for your injuries. For example, depending on how you got injured, you may have a claim against:
- The owner of the property or the property developer
- A contractor or subcontractor (other than your employer)
- A tool, vehicle, or equipment manufacturer
- An architecture or engineering firm
- An inspector or another third party that could have helped prevent your accident
If you are not eligible for workers’ compensation (i.e., because you are an independent contractor), then you can file a personal injury claim against any company that is responsible for what happened. Regardless of your employment status, determining if you have a personal injury claim will require a prompt and comprehensive investigation—and this means that you need to hire a lawyer as soon as possible.
Unlike Florida’s workers’ compensation laws, Florida’s personal injury laws do not limit the amount that injured construction workers can recover. As a result, if you have a personal injury claim, your lawyer will able to be able to help you seek full compensation for your:
- Medical expenses and other out-of-pocket costs (i.e., prescriptions, medical supplies, and transportation)
- Loss of income
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
From tool and equipment malfunctions to building collapses, and from safety violations to coworkers’ mistakes, injured construction workers can file personal injury claims on numerous different grounds. When you hire an experienced lawyer to represent you, your lawyer will examine all potential claims and use his or her experience to seek maximum compensation on your behalf.
Filing a Claim for Other Benefits After a Construction Accident
Regardless of whether you are eligible for compensation or have grounds to file a personal injury claim, you could qualify for various types of government benefits. For example, in many cases, injured construction workers will be eligible for:
- Social Security Disability (SSD) – Social Security Disability (SSD) benefits are available to workers who suffer disabling injuries and who have accumulated enough “credits” through their employment. Determining your eligibility can be tricky (and so can successfully applying for benefits), so it is important to consult with a lawyer before you decide whether to file.
- Supplemental Security Income (SSI) – Supplemental Security Income (SSI) is another federal program that pays benefits to eligible workers. The eligibility requirements for SSD and SSI are different, and it is possible to qualify for benefits under either, both, or neither of these programs.
- Unemployment – If you lose your construction job after an injury, you may qualify for Florida unemployment benefits. Eligibility requirements apply here, too, and successfully applying for unemployment can be tricky as well.
Again, these are just examples. If you need help managing the costs of a construction injury, it is important to make sure you consider all of the options that are available to you. An experienced construction accident lawyer can help; and, once again, we strongly recommend that you consult with a lawyer right away.
Why You Should Not Limit Yourself to Seeking Workers’ Compensation (or Other) Benefits
Many people who get injured on the job limit themselves to filing for workers’ compensation or other benefits. They assume that this is the easiest option, and they assume that their benefits will be enough to help them get back on their feet.
But, far too often, this is a very costly mistake.
Serious injuries can be incredibly expensive, and they can negatively impact all aspects of your life. They can negatively impact your family members’ lives as well. As a result, if you have been injured in a construction accident in Florida, you owe it to yourself and your loved ones to make sure you are seeking just compensation by all means available. Since you can hire a lawyer to help you at no out-of-pocket cost, you have no reason not to make sure you are seeking the full compensation you deserve.
How to Seek the Full Compensation You Deserve
While protecting your legal rights after a construction accident can be challenging, there are some simple steps you can take to get started. For example, to make sure you are seeking the full compensation you deserve, you should:
1. Prioritize Your Medical Care
One of the most important steps you can take after a construction accident is to prioritize your medical care. You can—and should—seek emergency treatment from a doctor of your choosing. However, if you qualify for workers’ compensation, you may need to see an approved doctor for any additional treatment to remain eligible for benefits. If you aren’t sure where to go for treatment, an experienced construction accident lawyer will be able to help.
2. Take Detailed Notes
It will also be important for you to take detailed notes about your construction accident. This will assist your lawyer with evaluating your legal rights—including determining whether you may have a personal injury claim outside of workers’ compensation. You should try to record details such as:
- Exactly where and when the accident happened
- What you were doing when the accident happened
- Whether any of your coworkers witnessed the accident
- Any safety hazards or potential safety violations that may have played a role in the accident
- Anything your employer said to you after the accident
Here, too, these are just examples. If you remember anything that you think may be relevant to asserting your legal rights, you should write it down to discuss with your lawyer. No detail is too small, and all of the information you share with your lawyer will be held in strict confidence.
3. Talk to a Construction Accident Lawyer
The best way to protect your legal rights after a construction accident in Florida is to speak with a lawyer as soon as possible. A lawyer who has experience representing injured construction workers will be able to explain everything you need to know. Your lawyer will also be able to investigate your construction accident and determine which claim (or claims) you should file, and then your lawyer will be able to fight to recover maximum compensation on your behalf.
Speak with a Florida Construction Accident Lawyer for Free
Were you injured in a construction accident in Florida? If so, you may be entitled to financial compensation, but you will need to act quickly to protect your legal rights. Our lawyers can help; and, if you have a claim, we can represent you at no out-of-pocket cost. To get started with a free and confidential consultation, call 305-445-0011 or tell us how we can reach you online now.