Construction work is inherently dangerous, which is why workers and their employers must take great care to make the job site as safe as possible. When things go wrong, an employer may be responsible. An attorney can help you get the compensation you need and deserve.

Construction workers should all be eligible for Workers’ Compensation after a work-related accident. While this can help with various expenses, it may limit your ability to sue. Generally, injured workers cannot sue their employers for a work-related accident, but you may still be able to sue a third party for damages.

Call our lawyers for construction injuries at the Graves Injury Law Firm at (305) 614-2767 and ask for a free legal review to begin.

Are Construction Workers Eligible for Workers’ Compensation in Hialeah?

Generally, injured construction workers may claim Workers’ Compensation through the general contractor or subcontractor who hired them.

What Kind of Workers Are Eligible for Workers’ Compensation?

Workers’ Compensation insurance covers almost all employees who are injured in a work-related accident. Generally, most workers may be considered employees unless they are independent contractors.

Although many people working in construction are independent contractors, Florida law states that all construction workers are legally considered employees and are covered by the Workers’ Compensation insurance of the contractor or subcontractor who hired them.

Who Must Carry Workers’ Compensation Insurance?

Employers in the construction field must have the insurance necessary to provide Workers’ Comp benefits if they employ at least 1 person. Even if you are the only employee, your employer must have Workers’ Compensation insurance. If they do not, they may face serious legal consequences.

Contractors and Subcontractors

Contractors working on a construction site are covered employees, and they will be covered by someone’s insurance, regardless of who hired them.

Under the law, if any general contractor sublets work to a subcontractor, all workers hired by the general contractor and subcontractor to work on the same construction project will be said to be employed in the same business establishment, at least for purposes of Workers’ compensation.

As such, if you are hired by a subcontractor and become injured, you may claim Workers’ Comp through the general contractor, unless the subcontractor has their own Workers’ Comp insurance. Either way, you are covered.

Starting a Workers’ Compensation Claim

To start a Workers’ Compensation claim after a construction accident, you must report your injuries to your employer. You must do so within 30 days, or else your claims could be denied.

If your initial claim for Workers’ Compensation is denied, you may file a formal claim with the Bureau of Employee Assistance and Ombudsman (EAO), and you must report injuries to them within 2 years. Remember. THE EAO may conduct a formal hearing on your claims, and a Judge of Compensation Claim (JCC) may decide whether your claims should be approved.

When reporting injuries to the EAO, you must still have reported your injuries to your employer within 30 days.

Who Can You Sue for Damages Related to Construction Injuries?

While Workers’ Compensation comes with certain restrictions on who you can sue, a lawsuit is still possible, and you should get help from a lawyer.

Cannot Sue Employer Without Special Exceptions

Workers’ Compensation laws prevent you from suing your employer for work-related injuries unless they injured you through intentional acts or failed to carry Workers’ Comp insurance.

Manufacturers of Equipment, Tools, or Machinery

Workers’ Comp does not prohibit injured construction workers from suing third parties outside the employer-employee relationship. Third parties commonly included in lawsuits for construction injuries include manufacturers of defective equipment or machinery.

Property Owners

In other cases, injured workers may sue property owners if a dangerous condition on the property is the primary cause of the accident and their injuries. For example, if you began construction work on a roof and fell straight through due to wood rot that the property owners failed to warn you about, they may be held responsible in a lawsuit.

Trespassers

Construction sites tend to contain valuable tools, machinery, and construction materials. It is not unusual for trespassers to try to enter the site and take what does not belong to them. Sometimes, they damage areas of the site or tamper with tools or machinery, which can cause injuries. If our lawyers for construction injuries can identify these trespassers (e.g., security camera footage), we can sue them.

What Damages Can You Claim in a Construction Injury Case?

Damages in construction accident cases can be quite high, as injuries may be serious. If you can sue someone for a work-related accident, whether a third party or your employer, you may claim greater damages than are usually available through Workers’ Comp claims.

Costs of Medical Treatment

You should be immediately taken to the hospital after an accident. Unfortunately, medical care is expensive, even at the best of times. When injuries are severe or complex, more extensive treatment may be necessary, and you may incur enormous medical bills.

Damage to Personal Property

You might have lost valuable personal items during the accident. Many construction workers use their own tools and equipment, which are not cheap. If your tools were damaged, their value should be claimed among your damages.

This is only available in lawsuits, not Workers’ Compensation claims.

Loss of Income

We must also consider the value of the income you lose if you cannot return to work. If your injuries are severe, you might be unable to work for a long time, and we may estimate and claim future lost earnings, too.

In a Workers’ Compensation claim, you may recover two-thirds of your average weekly wage. In a lawsuit, you may be awarded damages for the full extent of the income you have lost if your lawsuit is successful.

Non-Economic Injuries

You may experience intense physical pain and emotional distress or anguish. This is not unusual in cases of severe injuries. Although these experiences, and other similar painful experiences, do not come with a price tag, they are still worth valuable compensation and should be included in your case.

If you can file a lawsuit despite the restrictions imposed by Workers’ Comp laws, you should claim compensation for non-economic damages. These damages may only be available through a lawsuit and are not covered by Workers’ Comp.

FAQs About Claiming Compensation for Construction Injuries in Hialeah

Are Injured Construction Workers Allowed to File Workers’ Compensation Claims?

Yes. In Florida, contractors working in construction are legally classified as employees and are covered by Workers’ Compensation. Additionally, if you are a subcontractor who was hired by a general contractor, you should be covered.

Can Injured Construction Workers Sue Their Employers for Work Accidents?

Possibly, but this is less common. Injured workers are generally barred from suing their employers for work-related accidents unless the accident is the result of an intentional tort or the employer does not have Workers’ Comp insurance.

How Do You Prove Claims for Construction Injuries?

To prove your claims, we need evidence showing how the accident happened. Witness testimony, security camera footage, and business records from your employer may be crucial. We should also have proof of your injuries, including your medical records and a doctor’s report explaining that the injuries are work-related.

What Are Common Causes of Construction Injuries?

Construction injuries commonly involve, but are not limited to:

  • Falls
  • Crushing accidents
  • Malfunctioning tools or machinery
  • Burns
  • Electric shocks

Call Our Hialeah Lawyers for Construction Injuries to Get Help Today

Call our lawyers for construction injuries at the Graves Injury Law Firm at (305) 614-2767 and ask for a free legal review to begin.