Injuries on a construction site can entitle victims to compensation through a few systems. For one, victims may be able to sue, but if the injury happened while they were working, then they may also be eligible for a Workers’ compensation claim.
Workers’ Comp in Florida covers most construction workers, meaning that falling object injuries would typically be covered. However, if the objects only hit you because of another party’s fault, such as from defective scaffolding, lines, nets, or safety gear, you could be entitled to additional damages through a lawsuit.
For help with your injury claim, call Graves Injury Law Firm’s construction accident lawyers at (305) 614-2767.
Can Construction Workers Sue for Injuries from Falling Objects?
When an accident happens at work, you are typically entitled to Workers’ Compensation. Many people think that also means that you cannot sue, but that is not the whole truth.
Under a Workers’ Comp system, your employer is required to cover injuries that happen in the course of your work. That means that if your work caused the accident, and you were working within the scope and course of your work, they have to cover your injury regardless of fault or specific cause.
This prevents a lawsuit against your employer for those work-related injuries, but our construction accident lawyers can still help you file a lawsuit against other parties. For example:
- Manufacturers of defective lines and safety nets can be sued for objects that fell anyway.
- Manufacturers of defective scaffolding can be sued for pieces that fall off or objects that fall through toe boards.
- Drivers who crash into construction sites, causing collapses and falls, can be sued for causing the crash.
Can Construction Workers Get Workers’ Comp?
Another common concern with falling object accidents on construction sites is that construction workers might not know they are eligible for Workers’ Comp. Workers’ Comp traditionally covers “employees,” which might carve out many “independent contractors” from coverage. However, construction contractors are typically included in the definition and get Workers’ Comp coverage.
This means you can make a claim and get compensation even for accidentally dropped objects. In a lawsuit, you would have to prove someone else was at fault before you could get damages.
Damages Available
When you file a lawsuit and Workers’ Comp claim, your damages are different under each system. If damages overlap, you may have to pay back the insurance carrier for damages you receive again in a lawsuit, but you can typically keep additional compensation the lawsuit pays.
Workers’ Comp
Workers’ Compensation claims typically cover two main areas of damages:
- Medical bills to pay for all treatment related to your work injury. This can also include things like home adaptations and mobility devices in cases that leave you disabled (e.g., traumatic brain injury cases).
- Wage-loss benefits to cover around 2/3 of your wages while you cannot work. If you can work at a reduced wage, you can get a portion of your reduction in wages covered.
Wage-loss benefits for temporary disabilities can continue for up to 104 weeks unless you reach Maximum Medical Improvement (MMI) before that point. After MMI, you can keep getting benefits if you are left with a permanent impairment.
If your injury is so severe that it is going to be permanent from the outset – such as a serious brain injury – then you can get put on Permanent Total Disability benefits from the start.
Lawsuits
Lawsuits typically cover three areas of damages:
- Medical bills
- Lost wages
- Dolor y sufrimiento.
The lost wage damages here might pay above and beyond the rate your Workers’ Comp pays, allowing you to potentially keep the rest. However, the big area of additional damages is the pain and suffering damages. These cover
- Physical pain and discomfort
- Emotional distress
- Mental anguish
- Changes to your lifestyle
- Interruption to your activities of daily living
- Lost ability
FAQs for Construction Accident Injuries Involving Falling Objects
Can I Sue a Coworker for Dropping Something on Me at a Construction Site?
If you were injured by a coworker, it would typically not allow a lawsuit because your employer is responsible for what your coworker did at work, and you cannot sue your employer.
However, if the accident only happened because of defective tool lanyards, safety netting, or other product defects, that might allow you to sue those product manufacturers. The same is true for a defective hard hat that was rated to protect from that injury but failed to do so.
Even if you can’t sue, Workers’ Compensation should still cover you.
How Much Can I Get for My Injury?
Every case is different, and the amount you receive will depend on a lot of factors.
With Workers’ Comp claims:
- Your medical bills are paid directly to the doctors, so you do not get money from that.
- Your wage-loss benefits are typically 2/3 of your pre-injury average wage for up to 104 weeks if you cannot work at all.
- If you can work to some extent, you can get 80% of the difference between 80% of your pre-injury wage and your current wage.
With a lawsuit:
- You can get medical damages paid by the at-fault defendant, but they go toward reimbursing the insurance company.
- Any additional lost wages can be kept.
- Pain and suffering damages can often total at least as much as the other damages.
- You can receive compensation for property damage and other economic expenses, too.
When Do I File My Case?
To file a Workers’ Compensation claim, you have to report your injury to your employer within 30 days of the accident. If they deny your claim and we need to file a Petition for Benefits with the government, that must be filed within 2 years of the injury.
Personal injury lawsuits in Florida must be filed within 2 years of the accident.
Do I Need a Lawyer?
You should never trust your employer or their insurance carrier to have your best interests in mind. Our lawyers can negotiate with them to help fix any reluctance to pay your benefits, or else they will see us in court.
Both lawsuits and Workers’ Compensation claims are almost impossible to handle without a lawyer, especially if you are trying to claim that your disability keeps you from performing any kind of work.
Call Our Miami Construction Accidents for Falling Object Injuries Today
For a free case review, call (305) 614-2767 and speak with Graves Injury Law Firm’s construction accident lawyers.