Construction workers in Florida are often at risk of very serious injuries from scaffolding.  It is up to their employers and supervisors to make sure that the scaffolding is safe, set up properly, and used properly.  When mistakes happen, injuries can be quite severe or even deadly.

If you get hurt as a construction worker on scaffolding, you are likely entitled to a Workers’ Compensation claim that can pay for medical bills and 2/3 of lost wages without you needing to prove fault.  You might also have a lawsuit against negligent scaffolding manufacturers or other third parties.

For help with your case, call Graves Injury Law Firm’s construction injury lawyers today at (305) 614-2767.

Filing for Workers’ Comp for a Scaffolding Injury in Miami

When you get hurt at work, you can file a Workers’ Compensation claim if you are an employee.  This covers most workers in the construction field, even if you are a “contractor” rather than an “employee” for payment purposes.

To start your case

  • Get immediate medical care.
  • Report your injury to your employer within 30 days.
  • Contact a lawyer for help negotiating claims and resolving disputes.
  • If your claim is denied, file a Petition for Benefits within 2 years of the injury.

What Construction Workers Are Covered Under Workers’ Comp?

Workers’ Compensation covers all “employees.”  This term is sometimes controversial or confusing, but Florida law includes most construction workers as covered employees to avoid any questions of status or misclassification.

The general definition of “employee” essentially covers anyone doing work for money.  There are sometimes questions about whether “independent contractors” are covered, but the law specifically includes construction contractors and subcontractors as “employees” for coverage.

What Kinds of Scaffolding Injuries Are Covered?

All kinds of work-related scaffolding accidents should be covered.  This can include

  • Problems with unsafe or unstable setups
  • Scaffolding collapses
  • Damage to or crashes into the scaffolding
  • Falls from scaffolding
  • Dropped tools or materials
  • Defective scaffolding parts or safety lines
  • Improper supervision that allows injuries to occur.

Who Caused the Accident

The main issue for Workers’ Compensation coverage is that the accident happened because of your job.  Beyond that, you are still eligible for coverage regardless of what specific person or company caused the accident, even if you caused it yourself.

No Coverage for Intentional Injuries or Drug/Alcohol Use

However, injuries you cause intentionally and accidents from drug or alcohol use are not covered.

Suing for Construction Accidents Involving Scaffolding

Workers’ Compensation is typically considered the “sole remedy” for work injuries, but this rule only means that you cannot sue your employer for injuries.  They are required to pay for Workers’ Comp benefits without proof of fault, but you can still potentially bring a lawsuit against other parties.

Ejemplos

This is especially helpful when scaffolding accidents or collapses are caused by scaffolding defects the manufacturer is responsible for, when outside companies set up dangerous scaffolding, or when property owners fail to disclose dangers that make the scaffolding unsafe.

Proof of Fault

In these lawsuits, you have to prove that an outside third party was at fault before the court can issue compensation.

Damages

Damages in a personal injury lawsuit can include costs and harms that Workers’ Comp does not pay for.  Most Workers’ Comp claims cover

  • Medical bills
  • Lost earnings at a rate of 2/3 of your pre-injury wage. If you can work to some extent, then the rate is 80% of the difference between 80% of your pre-injury wage and your entire post- injury wage.

Either way, that means there are damages you cannot recover through Workers’ Comp that you can recover in a lawsuit:

  • The rest of your lost wages
  • Economic damages (e.g., property damage)
  • Dolor y sufrimiento.

FAQs for Scaffolding Injuries in Miami

Do You Need an OSHA Violation to Have a Case?

OSHA (the Occupational Safety and Health Administration) creates laws that govern safe scaffolding setups, equipment, training, and usage all over the country.  These rules are there to keep people safe, and violations of these rules often justify lawsuits.

Workers’ Compensation does not require a violation; it covers work-related injuries regardless of fault.  When filing a lawsuit for injuries, an OSHA violation will help you prove fault, but regular negligence or carelessness without a specific OSHA violation should also qualify.

That being said, most mistakes and issues with scaffolding will also qualify as an OSHA violation.

What is a Scaffolding Injury Worth?

Most scaffolding injuries will qualify you for Worker’s Comp.  This pays for all medical care to treat the injury and 2/3 of lost wages, capped at the statewide average wage.

These damages can be substantial, but they are still missing important areas of damages:

  • Property damage
  • Other economic expenses
  • Dolor y sufrimiento.

If you can file a lawsuit and prove that an outside party (e.g., the manufacturer of defective scaffolding) caused the injury, then you may be entitled to these additional damages.

Every case is different, and we cannot estimate the value of your case without looking into the specifics.

What Do I Need to Prove to Win My Case?

To get your claim granted, there are three major requirements:

  1. You are an employee. This covers most construction workers due to extremely strict rules in Florida about covering construction workers, even when they are contractors/1099 workers.
  2. Your injury arose out of your work. This means it happened “in the course and scope of employment” and that your work “is the major contributing cause of” your injury.
  3. Your injury disabled you for at least 7 days. They do not have to be consecutive.

What Evidence Do I Need?

Most cases will require medical records and doctors’ reports.  These are the main sources of evidence about your injury, how severe it is, how it happened, how it disables you, how long it will take to get to Maximum Medical Improvement, etc.

Your testimony, security camera footage, and other evidence about what happened will also be helpful.

Call Our Miami Construction and Scaffolding Injury Lawyers Today

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