Ft. Lauderdale Attorney for Construction Injuries

The construction industry is known for being dangerous. Workers put their safety on the line every day, and they rely on supervisors to ensure the job site is as safe as possible. When accidents happen, injured workers deserve fair financial compensation, and a lawyer can help them get what they need.

After being injured on a construction site, you likely must file a Workers’ Compensation claim to get compensation. Workers’ Comp is the sole legal remedy available against your employer, as employees may not sue their employers for work-related injuries. To begin your case, report the accident and your injuries to your employer as soon as possible, preferably immediately. Even if you work as a contractor or subcontractor on a construction project, you may still be covered by Workers’ Comp.

Call the Graves Injury Law Firm at (305) 614-2767 and ask our lawyers for construction injuries for a private, free case evaluation.

How Do You Get Compensation for a Construction Accident in Ft. Lauderdale?

After a construction accident, you may be badly hurt and in need of compensation to make ends meet. Workers’ Compensation often covers work-related accidents, and an attorney can help you begin your claim.

Workers’ Compensation Requirements

In Florida, employers may be required to carry Workers’ Compensation insurance, depending on their industry and number of employees. Employers in the construction field must carry this insurance if they employ at least 1 employee.

Employees generally cannot opt out of Workers’ Compensation and cannot sue their employer for work-related accidents if they are properly covered.

Reporting Your Injuries to Your Employer

You have 30 days to report the accident to your employer.

If they deny your claim, you have 2 years to file a formal Claim for Benefits with the state.

See a Doctor

First, you need a doctor who can provide urgent treatment, especially if your injuries are severe. Second, you need medical professionals who can compile accurate records about your injuries. We may need medical records and other information and doctors’ reports to prove that your injuries are work-related.

Under the law, an accident must be at least 50% related to your job to be compensable under Workers’ Compensation.

Can Contractors and Subcontractors Apply for Workers’ Compensation After a Construction Accident?

In many states, Workers’ Compensation benefits cover only employees, but not independent contractors, who make up a big part of the construction industry. However, Florida law requires that construction contractors and subcontractors be covered anyway.

Contractors

Florida law specifically include construction contractors as employees who must be covered under Workers’ Comp.

Subcontractors vs. Employees of Contractors

Contractors often hire subcontractors to perform more specific aspects of construction work. If a contractor hires you as an employee, you are covered as all employees are. If you are hired as a subcontractor, you also must be covered under Workers’ Comp, even though you are a type of contractor.

Can You Sue for a Construction Injury?

While lawsuits for construction injuries are possible, your right to sue may be more limited under Workers’ Compensation laws.

Exclusive Remedy

In Florida, Workers’ Compensation is the sole or exclusive legal remedy available for injured employees. Employees are not permitted to sue their employers for work-related accidents, barring special circumstances. For many, the only available legal option is Workers’ Compensation.

Third Party Defendants

If the defendant was an outside third party, not your employer or a coworker, then you can sue them. There is no limit on lawsuits against outside third parties.

You can file this lawsuit even if you file a Workers’ Comp claim, and it may pay additional damages that Workers’ Comp does not cover.

Your Employer Has No Insurance

You may sue your employer for a work-related accident if they do not carry the insurance needed to provide Workers’ Comp benefits. Under the law, if an employer fails to carry the required insurance, an injured employee may bring suit against them.

Your Employer Caused Your Injuries on Purpose

You may also sue your employer if they caused your injuries on purpose. This requires proving that your employer committed an intentional tort.

That usually means showing they hurt you on purpose. Alternatively, you can show that they hurt you recklessly under circumstances that show they knew the risks and proceeded anyway, so long as other requirements are also met.

FAQs About Legal Claims for Construction Injuries in Ft. Lauderdale

How Do You Get Fair Compensation for Construction Injuries?

Most injured employees must pursue fair compensation by filing claims with their employer’s Workers’ Compensation insurance. You cannot sue your employer, but you can also sue third parties to recover compensation that Workers’ Comp does not cover, such as pain and suffering damages.

Who Can You Sue After a Construction Accident?

Since employees generally cannot sue their employers for work-related accidents, they usually sue third parties instead. However, you can still sue your employer if they failed to carry insurance or injured you intentionally.

What Damages Should You Claim if You Sue for a Construction Accident?

If you can sue your employer for a construction accident, you should claim economic damages related to your medical bills, damaged property, including expensive tools, and any income you lose while you recover. Medical bills and a portion of lost wages are available through Workers’ Comp, but some of the other damages are not.

You should also claim non-economic damages related to physical pain, emotional suffering, distress, humiliation, and other painful personal experiences. Non-economic damages are not available through Workers’ Comp.

Can You Get Compensation for a Construction Injury if You Are a Contractor or Subcontractor?

Yes. Under Florida law, when contractors hire subcontractors or employees, they must have Workers’ Compensation insurance to cover these workers.

Contact Our Ft. Lauderdale Lawyers for Construction Injuries Now