The US Department of Labor’s Bureau of Labor Statistics reveals that the number of fatalities and workplace injuries has increased in Florida’s construction industry. About 76 fatalities were reported in 2016 alone. Anyone who visits a construction site is at a high risk of getting injured.
The Occupational Safety and Health Administration (OSHA) clearly states that construction site accidents are common and typically caused by unintentional falls, getting stuck in machinery, electrocution, or being struck by an object.
Whether you work for a construction company or visit a construction site and get injured, you need to remember that it is possible to recoup losses related to the injuries. After all, you deserve to get justice.
It is also possible to seek compensation if you have lost a loved one due to a construction site accident. According to Florida law, you can file a lawsuit. Call one of our experienced Tampa construction accident lawyers at Ryan Hughes Law or contact us online. We will determine the best path for you and compensate you.
Construction sites are known for their flurry of activity. There are plenty of vehicles and machinery which can cause safety hazards. Also, you must be careful of the hazardous chemicals present at the site.
It only takes a second for an accident to occur on a construction site. However, the injuries sustained can prove catastrophic.
This is why it is necessary to have an experienced Tampa construction accident attorney by your side to ensure that you can bring the party responsible to the courtroom and seek compensation.
Types of Construction Accidents
There are different ways someone can get injured at a construction site, such as dangerous tools, heavy machinery, materials, and other items. A person may suffer from any of the following types of construction accidents:
- Scaffold falls
- Slip and falls
- Trench collapses
- Vehicle accidents
- Repetitive motion injuries
- Elevator shaft or crane falls
- Defective or unsafe equipment
- Electrical, chemical, and heat burns
- Caught between objects or materials
- Struck by falling or moving machinery
- Health hazards from various materials, including asbestos
In addition to the above, other construction site accidents can result in devastating injuries.
Construction Accidents in Tampa
As construction companies and several people involved can be held liable, construction site accidents tend to become complex legal claims that are difficult to navigate.
However, a construction accident claim would involve multiple issues, including indemnity clauses, employment contracts, construction site safety standards, and compliance.
Therefore, only an experienced construction accident attorney would know how to navigate the legal issues of your claim and ensure that you get compensated for what you have had to endure.
Moreover, you can rest assured knowing that the Tampa construction accident attorney would handle all the communication with the construction site employer, the insurance company, and the court.
The lawyer would also handle all the negotiations to ensure you benefit from the best terms. When you have an attorney, you can focus on recovery.
The Tampa construction accident attorney would conduct a private investigation to determine who is liable for the incident and how much compensation you can receive for the injuries sustained.
Anyone injured at a construction site while working should consider filing a worker’s compensation claim. It makes for the best course of action. The employer will have to pay for compensation insurance during such an occurrence.
It doesn’t matter who is at fault when filing the worker’s compensation claim, as benefits will be provided if your claim is approved. You would receive reimbursement for the medical treatment and two-thirds of your weekly salary.
But it would be best if you kept in mind that workers’ compensation benefits don’t cover the entire costs related to the injury. Therefore, you or your loved one would face a severe financial burden.
Only an attorney would be able to guide you in the right direction. The claims process can be complex for you to take on your own. It is an excellent idea to let an expert handle everything for you. Besides, you wouldn’t know what to do if there was a reduction or denial of benefits.
In certain instances, your attorney will seek additional compensation, so you don’t have to worry about anything. Moreover, they would advise you about what you can do to get the results you are looking for.
Generally, you can’t sue your employer even if you get injured while working, as workers’ compensation insurance is there to pay you off. However, you should be able to file a lawsuit in the following situations.
- Your employer hasn’t purchased workers’ compensation insurance.
- Your employer decides to retaliate against you when you file the claim.
- The insurance company takes excessive time to process the claim and pay you the benefits.
Liability in Florida Construction Site Accidents
When a construction site accident involves an injured individual who isn’t an employee of the construction company operating on the site, a variety of parties are brought to the courtroom to determine who is liable.
It is also possible for injured employees to file a third-party claim if they have an employer who doesn’t own the construction site where they got injured.
Here are some of the parties that might be held liable.
- Property Owners: According to Florida law, property owners must maintain a safe environment for visitors. The property owner is legally bound to warn visitors of safety hazards before they enter the premises. However, it is essential to remember that trespassers injured at the construction site cannot sue the property owner as they were not permitted to enter the property. But this isn’t the case if the owner had intentionally set traps or harmed the trespasser. The law strictly states that property owners must protect kids from dangerous conditions at all costs, regardless of whether they trespass. Construction sites attract kids enticed by piles of lumber and machinery. If a child gets injured in such circumstances, the court will hold the property owner responsible for the damage.
- Machine Manufacturers: If the machinery delivered by the manufacturer is found to be defective and someone sustains an injury at the construction site, the court might hold the equipment manufacturer or the retailer wholly or partially liable for the damages.
- Developers: The property developer might also share liability for the injuries sustained under specific circumstances.
- Chemical Companies: If there are toxic substances at the construction site responsible for the injury, the court may hold the chemicals' distributor or retailer liable for the damages.
If you have sustained an injury at a construction site, you should be able to file a personal injury lawsuit to seek compensation. The court may grant you an award for the following damages.
- Medical Costs: You will receive reimbursement for medical costs such as ambulance rides, hospitalization, emergency room visit, X-rays, surgeries, prescription medications, follow-up visits, and more.
- Future Medical Costs: If you have sustained an injury that results in a permanent disability or long-term condition, you will get compensation for all your future medical costs.
- Rehabilitative Costs: You may also get paid for the rehabilitative costs, including assistive devices like artificial limbs, wheelchairs, and crutches, as well as physical therapy.
- Lost Wages: If you are injured at the construction site, you will be compensated for the lost wages.
- Future Wages: When the injury is found to have debilitated a person to such an extent that they can no longer work, they can receive future wages.
- Non-Economic Costs: You can even receive compensation for non-economic costs like loss of consortium, disfigurement, scarring, and pain, as well as other losses relating to the case.
A construction site accident can cause serious injuries which require years of physical therapy. The damages can even be permanent and affect your ability to live the same life again.
This is why compensation is necessary to find some form of relief following the accident. If your loved one has had a wrongful death and you require reimbursement for the funeral costs, you will need to file a lawsuit.
Contact a Tampa Construction Accident Attorney
Construction sites can be hazardous. Injuries sustained at a construction site can often be severe.
You need all the support you can get if you or your loved one was recently injured in a construction accident.
With our experienced Tampa accident attorney, you will have a professional who is always ready to help you in every way possible.
Ryan Hughes Law is committed to your recovery.
All you need to do is contact our office for a free consultation. We would be more than delighted to assist you with your case and ensure you get the justice you deserve.