Construction workers in Florida are often covered under Workers’ Compensation, meaning that they can get coverage for every injury they suffer at work.  However, their employers and their insurance carriers might be reluctant to cover you, especially for serious injuries like burns.

As long as the injury arose out of the course and scope of your work as a construction worker, it should make you eligible for Workers’ Comp.  This is true even for construction contractors.  Serious burn injuries can entitle you to permanent disability benefits, which insurance carriers often fight.  Always work with a lawyer who can fight for your benefits.

For your free case review, call the construction injury lawyers at Graves Injury Law Firm today at (305) 614-2767.

Does Workers’ Compensation Cover Burn Injuries for Construction Workers?

Yes.  Generally, burn injuries will be covered as long as you receive them in the course of your work.  When it comes to construction, most workers are covered.

Course and Scope Requirement

Burn injuries are covered on a construction site if they happened because of your work.  This means you need to show they happened within the course of your work – e.g., while you were doing work tasks – and within the scope of your work – e.g., not while doing something outside of your job duties.

Burn injuries are common for construction workers in a few different scenarios:

  • Fires and explosions
  • Electrical burns and arc flash/arc blast injuries
  • Mishandling of chemicals
  • Overheated machinery or tools

Covered Construction Workers

Workers’ Compensation covers employees, as opposed to independent contractors.  However, Florida law does a good job of specifically including nearly all construction workers under the definition of “employee,” even if they are paid as contractors with a 1099.

This should also cover subcontractors, electricians, and other tradespeople.

What Burns Are Covered?

All kinds of burn injuries are covered.  If your injury requires medical treatment, that should be covered even if the injury does not keep you from work.  If the injury keeps you from work for over 7 days, then wage-loss benefits can also be claimed.

Some injuries are serious enough that you will never fully recover.  These catastrophic injuries can often lead straight to Permanent Total Disability benefits; you do not need to wait for Maximum Medical Improvement to be reached before discovering the condition is permanent.

How to File a Workers’ Comp Claim for Construction Site Burns

To build a strong case and file it correctly, you have some steps to take:

  • Get medical care to treat the injuries and document them.
  • Report the injury to your employer within 30 days.
  • Keep all forms and records you are given.
  • Do not speak to anyone about your injury without checking with your lawyer first.
  • Continue with all medical care with approved providers to avoid your injuries getting worse.
  • Call our construction accident lawyers.

If your employer denies your claim or refuses full coverage, we can negotiate with them and turn to dispute resolution.  If they still deny your claim, we can file a Petition for Benefits through the state within 2 years of the injury.

This will trigger a process that forces them to respond, potentially granting temporary benefits while your case is heard, then puts the case to a hearing.

FAQs for Burn Victims on Construction Sites in Florida

Are Construction Workers Covered Under Workers’ Comp?

Usually, yes.  Workers’ Comp requires all employees and all contractors in construction to be covered for work-related injuries.

Can My Employer Deny My Claim?

Unfortunately, yes.  Employers can deny Workers’ Comp claims, but only if they have a good reason, such as one of the following:

  • The injury did not arise out of your work but was caused by a separate accident or situation.
  • You caused it intentionally (accidental injuries you cause should still be covered, though).
  • They do not have enough information to accept that the injury was work-related.
  • Mistakes or errors in the report.
  • The injury was reported too late.

Some of these issues can be resolved through corrections and additional evidence our lawyers can supply your employer.  If they refuse to change their mind – or if your employer fails to provide valid reasons for the denial – we can fight the case with a Petition for Benefits.

How Long Does it Take to Get Benefits?

If your claim is granted, benefits should be paid within 21 days of the injury.  However, employers who refuse to grant benefits will not typically pay on time.

In some cases, we can get the employer to grant temporary benefits as the case plays out, potentially getting you money sooner than it would take to resolve the entire claim.  At the latest, contested claims can often take over a year to resolve in full.

What Benefits Can I File For?

Workers’ Comp can pay a few common areas of benefits:

  • Temporary Partial or Temporary Total benefits to cover lost wages for up to 104 weeks.
  • Permanent Total Disability benefits for serious facial scars, amputations, and other serious injuries that will keep you from ever returning to full work capacity.
  • Lost wages during your disability period equal to 66 2/3% of your pre-injury wage if you cannot work or 80% of the difference between 80% of your pre-injury wage and your full post-injury wage if you can work to some extent.
  • The costs of prosthetics, mobility aids, home modifications, and other care.

What Other Benefits Can I Claim?

If you are eligible, you can also potentially make a claim with the Social Security Administration for SSDI to cover a long-term disability.

You could also be entitled to a lawsuit, depending on the facts of what happened.  This can pay damages beyond what your Workers’ Comp would cover.

Can You Sue for Construction Injuries?

Workers’ Comp prevents you from suing your employer for work-related injuries, but you can sue other at-fault parties.  Construction burns can be caused by crashes – such as an exploding truck – which makes the driver a potential target for the lawsuit.

Other claims can be filed against outside contractors (e.g., electricians), suppliers of dangerous materials, and manufacturers of dangerous equipment or defective safety gear.

Call Our Workers’ Comp Lawyers for Construction Burns Today

Call us at Graves Injury Law Firm today at (305) 614-2767 for a free case review with our construction accident attorneys.