Florida Construction Accident Lawyer
Construction projects, whether large or small, often have risks for workers. Even something as simple as using a power tool or climbing a ladder could result in injuries, and many workers face injuries that keep them in the hospital or out of work for a few days. Others face much more serious injuries that could cause permanent disabilities or even become fatal.
If you or someone you love was injured in a construction accident in Florida, call The Carrion Law Firm immediately. Our Florida construction accidents lawyers work to help injured construction workers, contractors, electricians, and other injury victims get compensation for their injuries. We also represent the families of those killed in accidents and work to help ensure they are taken care of. For help with your construction accident case, call our lawyers today at (954) 951-4828.
Can You Sue for Construction Worker Injuries in Florida?
Florida law often requires workers to use workers’ compensation coverage to get payments for injuries, medical bills, and other expenses related to injuries at work. That includes construction accidents, which often block a worker’s ability to sue. However, there are plenty of exceptions that allow injured construction workers and their families to file lawsuits against the parties that caused their accident, potentially gaining them access to additional damages.
One of the most common exceptions that help injured construction workers sue for injuries is the exception for independent contractors. Workers’ compensation rules only govern employees in most cases, not independent contractors. Employers and contractors are not covered by workers’ comp., so they are typically able to sue anyone who was at fault for their injuries, even if it was the client or the person who hired them for the job. If you are an employee that works for a contractor, then you are still an employee and may have limits. Talk to one of our construction accident lawyers for help clarifying whether you can sue based on your employment status.
Depending on who was responsible for your accident and how it happened, other exceptions might apply that let you take your case to court. Third parties – i.e., someone other than your employer – can be sued even if you are covered by workers’ comp. That means that if someone hit you with their car while you were doing roadwork, they can be sued, as can safety equipment manufacturers, power tool manufacturers, and other outside parties whose negligence caused you to be injured.
Injured construction workers can also sue their employer if they intentionally injured them, or they can sue any other coworkers who intentionally injured them. Workplace violence is surprisingly common, so do not hesitate to get help with these kinds of worksite injuries.
Proving Fault in a Florida Construction Accident Case
In order to hold anyone responsible in a lawsuit for a construction accident, you have to meet the “burden of proof” in your case. The burden of proof requires the victim/plaintiff to produce evidence that proves the defendant owed them a duty and that their breach of duty caused the injuries they are suing for. You must prove these elements “by a preponderance of the evidence,” which means convincing the jury that it is “more likely than not” that your claim is correct.
Proving that the defendant owed you a duty usually comes down to what the relationship was between you and the defendant. Employers owe their workers a duty to provide them with safety gear, safety training, a reasonably safe workplace, OSHA-compliant equipment and conditions, and more. If you are suing a manufacturer of safety gear or power tools that failed at work, their duty would be the duty to provide reasonably safe, working products to consumers. Our attorneys can investigate your case and determine what specific duty is at issue.
To show a breach of duty, we usually have to show that the defendant did something unreasonable. Failing to train workers in a language they speak, ignoring complaints about safety issues, failing to provide safety gear, and refusing to follow OSHA regulations are common breaches that lead to injuries for construction workers. In other accidents, the breach of duty might be unique to the situation, and our lawyers can use your testimony and other witness testimony to show what the defendant did wrong.
Proving that the breach of duty actually caused the injuries is often simple in construction accidents where multiple people may have seen the accident play out. The main way that construction companies and employers try to dodge liability is by showing that someone else actually caused your injuries, such as a coworker. Our Florida construction injury attorneys work to combat these kinds of defenses.
Damages in Construction Injury Cases in Florida
Before a judge and jury can order compensation for the damages you faced, they need to see concrete evidence of the injuries. Some defendants come to court with visible injuries that certainly help prove their case, but it is also important to have medical records and records of hospital visits that show when the injury occurred. Sometimes, employers try to dodge liability by claiming that the injury happened outside of work, so those injuries are unrelated to the construction accident claim.
Lawsuits for construction worker injury cases often pay damages for lost wages while you recover, lost future earning capacity if the injury keeps you from working, medical expenses related to the accident, pain and suffering stemming from the injuries, and other damages related to the accident. Talk to one of our Florida construction accidents lawyers about how to calculate these damages in your case.
Call Our Construction Accident Injury Attorneys for Help With Your Case
The Carrion Law Firm works aggressively to fight for compensation for injured construction workers and their families. If you faced an injury on the job at a construction site, call us today to discuss your case. If your loved one was killed in a construction accident, we may be able to help. Schedule a free consultation at (954) 951-4828.