Construction Accident Attorney
Construction Accident Attorney Overview
Construction sites are incredibly dangerous places which present serious risks for catastrophic bodily injuries and death. There are special laws and rules in place – most notably by OSHA (Occupational Safety and Health Administration) – designed to prevent such accidents from occurring in the first place. Nevertheless, these accidents are more common than you might think. They happen for lots of reasons, especially here in South Florida where new projects are underway year round. A knowledgeable construction accident attorney can help to determine if you have a case that meets the requirement of Florida law.
Unfortunately, when employers or contractors in charge of a job site fail to employ the appropriate personnel, implement safety training, or ensure that safety procedures are followed, accidents are often the immediate consequence.
Common Examples of Construction Accidents
The most common types of construction accidents are from:
- Falls (whether from scaffolds, ladders, or elevated heights)
- Electrocutions
- Negligent handling of machinery or tools
- Inadequate safety equipment
- Being struck by construction equipment and materials
Construction Accident Injuries
Constuction accident injuries are unfortunately catastrophic far too often. Similarly, it is not uncommon to see the following types of injuries:
- Spinal cord trauma
- Brain injuries and head trauma
- Disfigurement
- Amputed limbs or appendages
- Chemical burns
- Impalement
- Crush injuries
- Wrongful death
Remedies for Construction Accident Workers
An accident victim’s recovery rights depends on their status and relationship to the job site. Actual construction workers must utilize the Worker’s Compensation Statute for their sole legal remedies. To recover, an injured construction worker must only show that they were injured while at work. However, this provides for limited compensation only. Essentially, Florida has a statutory scheme to provide compensation for workers without having to demonstrate fault in court. This claim goes through state channels and is not a typical adverserial process.
There are, however, limited exceptions where a construction worker can sue his employer outside of Worker’s Compensation for a workplace injury including:
- The employer’s failure to obtain Worker’s Compensation coverage by law;
- Deliberately injuring the employee;
- The employer knowingly engaging in conduct that had a very high likelihood to cause injury or death to the employee, concealed or misrepresented that risk to the employee, and the employee was not aware of that risk as a result of the employer’s conduct.
Remedies and Burden of Proof for Non-Employees
Fortunately, non-construction workers are not limited by Worker’s Compensation remedies. They can pursue a third-party cause of action against anyone responsible for their injuries. As such, all construction contractors, developers, and property owners may be liable for these accidents.
Making a successful construction accident claim requires proof of three (3) specific elements. An injured plaintiff must show the construction company or contractor:
- Owed a legal duty to the victim,
- Breached that duty, and
- Caused the injuries alleged
Construction Accident Damages
Compensable damages include economic losses such as medical bills in addition to past and future lost wages. Moreover, noneconomic damages like pain, suffering, and mental anguish are also part of these claims. Finally, there are also occasions where family members like children or spouses may obtain compensation. Such occassions nearly always involve permanent disability or worse, wrongful death.
Summary
The statistics concerning the amount and frequency of construction related accidents are alarming. Navigating this complex web of issues requires an experienced construction accident attorney. In particular, one who has knowledge of the state and federal laws to identify the right type of claim. In sum, this ensures the appropriate parties are held responsible.
The team at Santana Injury Law can get to work today on your claim and get you the most compensation for your injuries. Call now for a free consultation with an experienced construction accident attorney.
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