Losing a limb while working in construction will completely alter your life.  Getting full compensation for your injury is often difficult, and you should work with an experienced attorney to help.

These claims are usually brought through Workers’ Compensation, and construction workers of all kinds often qualify for coverage.  Workers’ Comp can pay for medical treatment, prosthetics, and other expenses, including a portion of lost wages.  However, lawsuits might also be available, depending on how the injury happened.  These lawsuits can recover additional damages, like pain and suffering.

For your free case evaluation, call Graves Injury Law Firm’s attorneys for construction site amputations today at (305) 614-2767.

Do Construction Workers Qualify for Workers’ Comp?

Workers’ Compensation is required for all employees.  However, many construction workers are “contractors” instead of employees, so do they get coverage?

Qualifications for “Employees”

Generally, construction contractors and employees both get coverage.  Workers’ Compensation’s employee status is based on how you work, not your job title.  If your work is controlled by your employer, you will typically be covered as an “employee.”

Construction Contractors

All kinds of construction workers are also explicitly included in the definition of employee under Florida law, including

  • Subcontractors
  • Contractors
  • Sole proprietors who work in construction
  • Partners who work in construction.

This takes away any guesswork or need to look closely into the facts; most construction workers are covered under Workers’ Comp.

Workers’ Comp for an Amputation

Workers’ Compensation covers all sorts of injuries, some mild to moderate and many severe.  Amputations are one of the most severe injuries that can happen at work, and it should certainly be covered.

Damages

Workers’ Comp covers all medical care costs.  This can also include the cost of prosthetics or home modifications to accommodate your injury.

It also covers lost wages at a rate of 2/3 of your pre-injury average when you cannot work at all.  This has a cap at the statewide average wage.  If you can still work to some extent, there is a formula using your pre-injury wage and your post-injury wage that our attorneys for construction site amputation can apply to your situation.

Duration

Workers’ Compensation benefits typically last up to 104 weeks.  If you do not reach maximum medical improvement (MMI) by that point, then you can continue getting benefits.

Amputations may have healed, but you are not typically at MMI by this point.  Because of this, amputations and total lost function automatically qualify for Permanent Total Disability (PTD), which can last much longer.

Return to Work

When you are able to return to work, you may qualify for job retraining, vocational services, and other reemployment services through Workers’ Compensation’s EAO (Bureau of Employee Assistance and Ombudsman).

When you return, potentially to a different job than the construction job you were injured performing, you may be able to qualify for accommodations that allow you to work with your disability.  Your benefits will change when you are working because your current wages are factored into the calculation.

FAQs for Workers’ Comp Claims Involving Construction Site Amputations

Can You Sue or Do You Have to Use Workers’ Comp?

Workers’ Compensation is a no-fault system that covers injuries regardless of cause and can help get you payments faster than most lawsuits.  You cannot sue your employer for work-related accidents, and you cannot sue yourself, so in these situations, Workers’ Comp may be your only recourse.

However, lawsuits can be filed against at-fault third parties, such as the manufacturer of a defective piece of machinery.

How Long Do I Have to File a Claim?

Injuries must be reported to your employer within 30 days of your injury.

Can I Challenge Denials?

When you file notice of your injury with your employer, they start the claims process through their insurance carrier.  If they deny your claim, your case is not over.

Our attorneys can negotiate and try to get the denial overturned so your employer pays your benefits or settles your claim without needing to go to a hearing.  If they refuse, we can file a Petition for Benefits through the EAO and fight your case in a formal claim.

What Evidence Do I Need?

Amputations are quite obvious injuries, but you still need medical evaluations to provide doctors’ reports for your claim.  You will also need exams to determine the extent of your disability – i.e., what tasks can you perform after the amputation, what work accommodation would you need, and is there any work available in your area that you are able to perform?

We also need evidence about the facts of how the injury happened.  Witness testimony and security footage are very helpful, but your testimony is also good evidence.

How Long Does a Claim Take?

Workers’ Compensation claims can often be paid quickly if your employer is willing to accept your claim.  However, even initially contesting a claim can drag it out to nearly a year, while taking a case all the way to a hearing can take over a year.

Our lawyers work to settle cases quickly and get our clients the benefits they need to get their injuries treated and cover lost wages.

Can You Get Pain and Suffering Damages for a Construction Site Amputation?

Workers’ Compensation does not pay pain and suffering damages, but you can get them if you file a lawsuit.  These damages are simply not available in a claim.

In a lawsuit, you can recover other damages you would not get in a Workers’ Comp claim, too, such as the remaining lost wages beyond 66 2/3%.

Can You File Both a Workers’ Compensation Claim and a Lawsuit?

If you are eligible for both claims, you can certainly file them both.  Doing so may result in double payment for some damages – e.g., medical bills – allowing your employer to claim back the cost of what they already spent so that you do not get paid double.  However, you can keep damages above and beyond that amount (e.g., pain and suffering damages).

Call Our Workers’ Compensation Lawyers in Miami Today

To get started on your case, call our construction site amputation lawyers at Graves Injury Law Firm immediately at (305) 614-2767.