Miami Construction Accident Lawyer
Construction workers are exposed to some of the most dangerous working conditions imaginable. Whether it is working on buildings that are hundreds of stories high, operating heavy machinery, or being exposed to toxic materials like asbestos, the risk of injury in this line of work is high. Each year, thousands of construction workers are severely injured and sometimes killed.
When someone is injured in a construction accident, it is difficult to know where to turn to in order to seek compensation. Workers’ compensation is available to injured construction employees but sometimes it does not cover all injuries suffered. Being injured and out of work can leave someone feeling despondent and anxious. Let the Law Offices of Prosper Shaked handle the hard stuff and fight for your legal rights to just compensation
Common Construction Accident Injuries
Construction is a broad field with a wide variety of occupations. Thus, the types of injuries that construction employees sustain at work are vast and range from mild to severe. Some of the gravest construction accidents result in death. Below is a list of common injuries that occur at construction work sites:
- Burns and scarring
- Broken bones
- Neck, shoulder and back injuries
- Knee and ankle injuries
- Vision impairment and blindness
- Spinal cord injuries
- Brain injuries
- Head and skull injuries
- Disease and illness caused by exposure to toxic chemicals
- Muscle sprains and strains
- Cuts and lacerations
- Hearing loss
- Heat stroke
- Loss of limbs
- Severed nerves
This list is not exhaustive, and there are certainly many more types of injuries that construction workers experience on the job. These types of injuries can be caused by a number of factors. Sometimes a company isn’t following safety regulations which can create dangerous working conditions. Other times, an employee is simply at the wrong place at the wrong time and suffers serious injuries as a result. Some common causes of construction site accidents are:
- Heavy and dangerous machinery
- Stepladders collapsing
- Falls from substantial heights
- Improper lifting and repetitive motion injuries
- Slip and falls
- Lack of respiratory protection
- Evacuation and trench walls collapsing
- Power tool accidents
- Falling objects
- Fires and explosions
- Vehicle accidents
- Being caught in between objects
- Inadequate hazard communication
- Welding accidents
Workers Compensation for Construction Site Injuries
Any construction company that employs more than one person is required by the State of Florida to offer workers’ compensation coverage. Non-construction industries with more than four employees are required to offer the same. In order to pursue a workers’ compensation claim, an employee must notify the employer of the pertinent injury, seek medical attention immediately, and file a worker’s compensation claim with the Florida Division of Workers’ compensation within two years of the injury.
Personal Injury Lawsuit for Construction Accidents
Workers’ compensation insurance usually exempts employers from being sued by injured employees unless the working conditions were flagrantly unsafe or the injury was intentional. In order to recover damages that were not covered by workers’ compensation and/or to hold a third party liable for injuries, an employee may file a personal injury lawsuit against a third party or combination of third parties.
If a construction accident injury can be attributed to the gross misconduct or negligence of a third party, an injured employee may file a personal injury lawsuit in conjunction with a workers’ compensation claim. Similar to any personal injury lawsuit, a third party may be found liable for the injuries of an employee in a construction accident if the employee proves:
- The third party (example: engineer, subcontractor, site owner, general contractor) had a duty to maintain a safe working environment;
- The third party breached this duty; and
- As a result of the third party’s breach, the employee suffered damages.
Florida Statute of Limitations for Construction Accident Injuries
The State of Florida has a four year statute of limitations for personal injury claims stemming from construct site accidents. This means that an injured person has four years from the date of the accident to file a personal injury claim.
If the family of a victim whose death was caused by a construction site accident wants to file a wrongful death claim, they have a two year statute of limitations. This means that the victim’s family has two years from the date of the victim’s death to file a wrongful death claim.
Miami Construction Accident Attorney
After being injured in a construction accident, it easy to become engulfed in mountains of medical bills and insurance paperwork. It is difficult to focus on your own healing when there are bills to pay and you aren’t physically capable of returning to work. It’s imperative for an employee who is injured in a construction accident to seek the advice and assistance of an experienced construction accident attorney.
If you or someone you love have been injured in a construction accident, call the Law Offices of Prosper Shaked. Prosper Shaked is here to manage your construction accident case from the day you file your claim until the day you receive compensation for lost wages and medical costs. The rules and regulations surrounding workers’ compensation can be nuanced and confusing. Call the Law Offices of Prosper Shaked for a free consultation at (305) 690-0243 to speak to an experienced and knowledgeable attorney today.