Construction sites are inherently hazardous, and even with safety precautions in place, accidents can and do happen. These accidents often result in severe injuries, long-term disabilities, or even fatalities. An injury on a construction site may change your life within seconds. You can be left injured, unable to work and have no idea what to do next. That’s when the good help matters most. If you’re exploring for a construction accident attorney near me, you need guidance of someone who listens and fights for your right.

Whether it’s a fall from scaffolding or another severe injury, our attorneys can guide you through your case. We understand how to deal with tough cases, and fight hard to win fair construction site accident compensation for workers and families. We understand the complexities of construction accident claims and are committed to ensuring that our clients receive the compensation they deserve.

Attorney Stephanie Vega Graves and her team have extensive experience helping victims of construction accidents secure the compensation and benefits they need to recover and rebuild their lives.

Miami construction injury lawyer

What Should You Do After Suffering an Injury on a Construction Site in Miami?

  • Report the accident to your employer and file an accident report.
  • Seek medical attention, even if injuries seem minor.
  • Document the scene, take photos, and gather witness statements.
  • Contact a construction accident attorney to discuss your options.

How Our Miami Construction Injury Attorneys Help Injured Workers

Construction accident cases can involve a variety of circumstances, from unsafe working conditions to defective equipment or third-party negligence. At Graves Injury Law Firm, we conduct a thorough investigation of each case, including reviewing safety protocols, obtaining accident reports, and interviewing witnesses to determine the cause of the accident. Our Approach Includes:

Making Sure That You Are Protected

After an injury on a construction site, it is important to notify your employer or supervisor as soon as possible and seek medical treatment without delay. Be thorough and honest when discussing your injuries with your doctor so your condition is properly documented from the beginning. Complete all workers’ compensation paperwork carefully, keep copies of every document you submit or receive, and maintain detailed records related to your medical treatment, missed work, travel expenses, and communications about your claim. Writing down the details of the accident while they are still fresh in your memory can also be helpful later in the process. Continue attending all medical appointments and follow your doctor’s recommendations throughout your recovery. Above all, provide accurate and truthful information at every stage of the claim, as false statements or misleading information could seriously damage your case and may lead to legal consequences. We can help guide you through this process in a way that helps your case rather than missing a deadline or handling your medical care in a way that could potentially hurt your case.

Are All Construction Workers Covered Under Workers’ Compensation in Miami?

Workers’ Compensation covers employees, as opposed to independent contractors.  However, Florida law does a good job of specifically including nearly all construction workers under the definition of “employee,” even if they are paid as contractors with a 1099.

This should also cover subcontractors, electricians, and other tradespeople.

Investigating the Accident

We gather all necessary evidence, including safety reports, witness statements, and expert testimony, to establish fault.

Making Sure That You Comply with the Rules Regarding Job Site Injuries

There are certain rules that must be followed when an injury happens on a construction job site regarding reporting the injury, filing incident reports, and what records to keep copies of. Getting our attorneys involved early in process can ensure that you comply with these rules in a way that does not hurt your potential case.

Navigating Workers’ Comp and Dealing with Insurance

Our attorneys help you navigate the Workers’ Compensation system to ensure you receive the full benefits you’re entitled to. We can also communicate with the insurance companies to make sure that you are protected.

Filing a Workers’ Compensation Claim for Construction Site Injuries

To build a strong case and file it correctly, you have some steps to take:

  • Get medical care to treat the injuries and document them.
  • Report the injury to your employer within 30 days.
  • Keep all forms and records you are given.
  • Do not speak to anyone about your injury without checking with your lawyer first.
  • Continue with all medical care with approved providers to avoid your injuries getting worse.
  • Call our construction accident lawyers.

If your employer denies your claim or refuses full coverage, we can negotiate with them and turn to dispute resolution.  If they still deny your claim, we can file a Petition for Benefits through the state within 2 years of the injury.

This will trigger a process that forces them to respond, potentially granting temporary benefits while your case is heard, then puts the case to a hearing.

Workers’ Comp Claims Vs. a Third-Party Lawsuit for Construction Injuries in Miami

If you’ve been injured in a construction accident, you may be entitled to Workers’ Compensation benefits. Workers’ Compensation is a no-fault system, meaning you can receive benefits regardless of who was responsible for the accident. In Florida, Workers’ Compensation benefits typically cover:

In most cases, Workers’ Compensation covers injuries that occur on the job, regardless of who was at fault. However, if a third party (such as a subcontractor or manufacturer) was responsible for your accident, you may also pursue a personal injury claim for additional compensation.

If the accident was caused by the negligence of a third party, we pursue personal injury lawsuits to secure additional compensation.

While Workers’ Compensation provides important benefits, it may not cover the full extent of your losses, particularly in cases of severe injury or long-term disability. In some cases, you may be able to file a third-party personal injury claim against someone other than your employer. This could include:

Contractors or Subcontractors

If another contractor on the job site was responsible for your injury, you may be able to file a claim against them.

Manufacturers of Defective Equipment

If your injury was caused by faulty equipment or machinery, you may be able to pursue a product liability claim against the manufacturer.

Property Owners

If the property owner failed to provide a safe work environment, they may be held liable for your injuries. Third-party claims can provide compensation beyond what Workers’ Compensation offers, including damages for pain and suffering, emotional distress, and loss of future earning capacity.

Maximizing Your Compensation

We work tirelessly to ensure that all potential sources of compensation are explored, from medical expenses to lost wages and pain and suffering.

Construction Site Death Cases in Miami

Losing a loved one to an accident is incredibly challenging and can completely upend your family’s lives.  Getting compensation for construction site deaths is often complex because these cases will usually be covered under Workers’ Compensation.

Workers’ Comp claims can be filed for deaths and injuries, and nearly all construction accidents are covered under Workers’ Comp.  However, you may also be entitled to a lawsuit for your loved one’s death.  Both claims cover different areas of damages and have different requirements, and you should always work with a lawyer.

Compensation You May Be Entitled to Following a Construction Injury in Miami

In the aftermath of a construction accident, you may be entitled to compensation for the following:

Medical Expenses

Covers hospital bills, surgeries, rehabilitation, and ongoing care.

Lost Wages

Compensation for time missed from work due to your injury, and future lost earnings if your injury affects your ability to work long-term

Pain and Suffering

Financial relief for physical pain, emotional distress, and reduced quality of life.

Disability Benefits

If your injury results in permanent disability, you may be entitled to disability benefits through Workers’ Compensation or a third-party lawsuit.

Property Damage

Compensation for any damage to personal property, such as tools or equipment, caused by the accident. At Graves Injury Law Firm, we ensure that every aspect of your injury is considered when calculating compensation, and we fight for the maximum amount possible under the law.

Medical Expenses

This includes doctor visits, surgeries, hospital stays, medications, and rehabilitation.

Lost Wages

If you cannot work because your injuries are too severe, Workers’ Comp will cover a portion of your lost wages through temporary or permanent disability benefits.

Permanent Impairment Benefits

If your injury leads to a permanent disability, you may be entitled to additional compensation based on the severity of the impairment.

Death Benefits

If a worker dies in a construction accident, their family may be entitled to Workers’ Compensation death benefits, including funeral expenses and financial support for dependents.

What Other Benefits Can You Claim?

If you are eligible, you can also potentially make a claim with the Social Security Administration for SSDI to cover a long-term disability.

You could also be entitled to a lawsuit, depending on the facts of what happened.  This can pay damages beyond what your Workers’ Comp would cover.

Death Benefits Can You Claim in a Deadly Construction Site Accident Case?

Medical bills are all covered for end-of-life care, and up to $7,500 can be paid for funeral expenses.

On top of this, wage-loss benefits go to the surviving family at different rates, depending on which family members are eligible.  They are capped at $150,000 in total and a rate of 66 2/3% of the victim’s pre-injury wages.

  • 50% of pre-injury wages to the spouse, if that is the only recipient.
  • 50% to the spouse and another 16 2/3% if there are surviving children, too. If the children do not belong to the surviving spouse, benefits may be altered to best serve the family’s interests, and remarried spouses can lose benefits after a certain time period.
  • If there are only surviving children, 33 1/3% to each child (up to 66 2/3%).
  • 25% to each parent if there are no children or spouses.
  • 15% to each brother, sister, or grandchild if there are no other relatives.

All recipients must actually be dependent on the victim; nondependent family members cannot get benefits.

There may also be benefits available to the spouse for job retraining so they can continue supporting their family after the benefits run out.

What Damages Can You Get in a Lawsuit?

Wrongful death lawsuits can recover damages for additional lost wages, lost support, the cost of lost household services, and more.  The family can also recover compensation for the victim’s pain and suffering between the date of injury and date of death.

The spouse and children can also recover for lost companionship, lost guidance, and other pain and suffering damages.  These are often called “non-economic” damages.

Filing a Claim for a Construction Site Death in Miami

For you to file a Workers’ Compensation claim for your loved one’s death at a construction site, you need to meet a few requirements:

If Your Loved One Was an Employee

Construction workers are typically covered under the definition of “employee” and will be covered under their employer’s Workers’ Compensation insurance.  In most cases, even construction workers who are called “independent contractors,” “general contractors,” or “subcontractors” still count as “employees” for Workers’ Comp claims.

If the Death Was Work-Related

Injury and death claims can only be filed for “work-related” accidents.  This means that the accident arises out of both the

  1. Course and
  2. Scope

of the worker’s employment.

Essentially, this means that the accident happened while performing job tasks, not performing personal errands, coming and going from work, or engaging in horseplay or other activity unrelated to work.

Time of Death

For a death to qualify as part of a Workers’ Comp claim, it has to occur within a certain timeframe:

  • If the victim dies outright from the accident, that must happen within 1 year of the accident.
  • If the victim dies after a period of disability, the death must occur within 5 years of the initial injury.

Occupational disease claims can also be filed if death occurs within 350 weeks of the worker’s last exposure to dangerous chemicals or conditions at work.

Your Relationship to Victim

Only spouses and “dependents” can get death benefits from Workers’ Comp.  Florida law primarily assumes benefits will go to the victim’s spouse and children, but if there are none, then parents, siblings, or grandchildren can get benefits instead.

However, they have to show that they were actually dependent on the victim’s income.

Who You Can Sue

In work injury cases, you cannot typically sue the worker’s employer for work-related injuries.  However, in construction site accidents, the following third-party defendants can often be sued:

  • Manufacturers of defective tools, power tools, safety gear, or materials
  • Property owners
  • Drivers, e.g., in cases of deadly roadside construction crashes
  • Outside contractors or companies.

Do Deaths from an Occupational Disease Qualify for a Claim?

If your loved one passed away because of an occupational disease they acquired working at a construction site, this can also be the basis of your claim.  For example, cancer, asbestosis, silicosis, and other health conditions are commonly acquired working in construction.

As long as the death occurred within 350 weeks of their last exposure at work, and the exposure occurred within the course and scope of their employment, the death should be covered.

How to File for Death Benefits Someone Who Died on a Construction Site in Miami

Our attorneys for construction site deaths can file your Petition for Benefits within 2 years of your loved one’s deadly accident.

When we do so, we will

  • Collect all relevant medical records documenting their injury and death
  • Fill out a Petition and deliver it to the EAO (Bureau of Employee Assistance and Ombudsman)
  • The EAO will assign the case to a Workers’ Comp Judge (WCJ) who will be in charge of administering the case.

The cases do not go to court; they go to hearings before specialized WCJs instead of being heard by a traditional judge and jury.

Common Construction Accidents and Injuries

Construction workers face a variety of risks on the job, and accidents can lead to serious injuries, such as:

Burns

Generally, burn injuries will be covered as long as you receive them in the course of your work.  When it comes to construction, most workers are covered.

Course and Scope Requirement

Burn injuries are covered on a construction site if they happened because of your work.  This means you need to show they happened within the course of your work – e.g., while you were doing work tasks – and within the scope of your work – e.g., not while doing something outside of your job duties.

Burn injuries are common for construction workers in a few different scenarios:

  • Fires and explosions
  • Electrical burns and arc flash/arc blast injuries
  • Mishandling of chemicals
  • Overheated machinery or tools

What Burns Are Covered?

All kinds of burn injuries are covered.  If your injury requires medical treatment, that should be covered even if the injury does not keep you from work.  If the injury keeps you from work for over 7 days, then wage-loss benefits can also be claimed.

Some injuries are serious enough that you will never fully recover.  These catastrophic injuries can often lead straight to Permanent Total Disability benefits; you do not need to wait for Maximum Medical Improvement to be reached before discovering the condition is permanent.

Falls

Falls from heights, scaffolding, ladders, or unprotected openings can result in broken bones, spinal cord injuries, or traumatic brain injuries.

Electrocutions

Construction workers may be exposed to live electrical wires, leading to electrocution injuries.

Equipment Accidents

Malfunctioning or improperly used construction equipment can cause crush injuries, amputations, or severe fractures.

Exposure to Hazardous Materials

Exposure to asbestos, toxic chemicals, or harmful fumes can lead to respiratory diseases, skin conditions, or long-term health problems.

Struck-by Accidents

Construction workers can be injured when struck by falling objects, moving vehicles, or heavy machinery.

Being Caught

These occur when a worker is caught between machinery, vehicles, or collapsed structures.

Machinery Accidents

Heavy machinery such as forklifts, cranes, and bulldozers can cause serious injuries if not properly maintained or operated.

Are Miami Construction Workers Covered Under Workers’ Comp?

Usually, yes.  Workers’ Comp requires all employees and all contractors in construction to be covered for work-related injuries.

What Happens if Your Injury Was Caused by Unsafe Working Conditions?

If unsafe working conditions led to your injury, you may be eligible for Workers’ Compensation benefits. If a third party was responsible for the unsafe conditions, such as faulty equipment or negligence by a contractor, you may also be able to pursue a personal injury lawsuit for additional compensation.

Can You Sue Your Employer for a Construction Accident in Miami?

In most cases, you would file a Workers’ Compensation claim for an injury that happens at work, meaning that you cannot directly sue your employer. However, if a third party’s negligence caused the accident, you may be able to file a personal injury lawsuit against them.

Workers’ Comp prevents you from suing your employer for work-related injuries, but you can sue other at-fault parties.  Construction burns can be caused by crashes – such as an exploding truck – which makes the driver a potential target for the lawsuit.

Other claims can be filed against outside contractors (e.g., electricians), suppliers of dangerous materials, and manufacturers of dangerous equipment or defective safety gear.

Can Your Employer Deny Your Claim?

Unfortunately, yes.  Employers can deny Workers’ Comp claims, but only if they have a good reason, such as one of the following:

  • The injury did not arise out of your work but was caused by a separate accident or situation.
  • You caused it intentionally (accidental injuries you cause should still be covered, though).
  • They do not have enough information to accept that the injury was work-related.
  • Mistakes or errors in the report.
  • The injury was reported too late.

Some of these issues can be resolved through corrections and additional evidence our lawyers can supply your employer.  If they refuse to change their mind – or if your employer fails to provide valid reasons for the denial – we can fight the case with a Petition for Benefits.

How Long Do You Have to File a Construction Injury Case in Miami?

Florida’s statute of limitations for personal injury claims is two years from the date of the accident. It’s important to act quickly to preserve evidence and build a strong case.

How Long Does it Take to Get Benefits?

If your claim is granted, benefits should be paid within 21 days of the injury.  However, employers who refuse to grant benefits will not typically pay on time.

In some cases, we can get the employer to grant temporary benefits as the case plays out, potentially getting you money sooner than it would take to resolve the entire claim.  At the latest, contested claims can often take over a year to resolve in full.

Our Miami Construction Injury Lawyers Can Help

If you’ve been injured in a construction accident, it’s crucial to have an experienced legal team on your side. Stephanie Vega Graves and her team at Graves Injury Law Firm are committed to helping you secure the compensation you need to recover. At Graves Injury Law Firm, we are committed to helping construction workers recover after a serious accident. Whether you are seeking Workers’ Compensation benefits or pursuing a third-party claim, our experienced legal team will guide you through the process and fight for the compensation you deserve. We understand the physical, emotional, and financial challenges that come with a construction injury, and we are here to support you every step of the way.

Contact us today for a free consultation and take the first step toward rebuilding your future! Don’t wait or wonder what comes next. A skilled construction injury lawyer can help you understand your rights. Call a construction accident attorney today and take the first step toward justice.