Unfortunately, construction site accidents happen all the time in Florida. Due to construction accidents, many people end up seriously injured, and those deserving compensation should start looking for a Miami construction accident attorney immediately. Perhaps you were not injured, but you had a family member tragically die because of a construction accident. But, how do you know who is at fault and whether you are entitled to compensation when something happens on a construction site? The issues are complex, and depend upon the circumstances surrounding the incident, whether the person was employed by the construction company, and safety compliance among other factors.
Construction Accidents in Florida
Construction accidents are unquestionably a problem in Florida. Every year, there are hundreds of injuries – many of them very serious – on job sites, and more deaths happen in the construction industry than any other job. Because construction cases are complicated, a construction injury lawyer in Miami is vital to the process of obtaining fair compensation.
In many cases, accidents are preventable. This means that employers may be responsible for not taking the proper precautions, not training personnel correctly, or not supervising the construction process closely enough to prevent accidents. State laws, as well as federal safety regulations, can apply to accidents in the construction industry.
A qualified Miami construction accident lawyer will investigate the incident thoroughly and determine whether an accident, injury, or wrongful death was preventable and who should be held liable for your injuries and bills. Many families of those killed on the job may receive compensation for wrongful death. People that have been injured as the result of a construction accident are eligible for compensation for their medical bills as well as pain, suffering and inability to work.
The reason that these cases can become so complicated is that workers compensation benefits are often involved. A Miami personal injury lawyer familiar with the construction industry will be your guide when it comes to navigating these complex issues.
Type of Accidents & Injuries
There are many types of construction accidents and injuries that can happen even if a job site is managed correctly. But, the threat is multiplied when employers do not follow safety regulations, cut corners, or engage in other behavior that puts their employees at risk. Some of the common types of accidents and injuries include:
- Chemical spills
- Scaffolding, ladder and other types of falls
- Injuries due to explosives
- Crane accidents
- Excavation mishaps
- Crush injuries due to heavy equipment
- Dehydration and heat stroke
- Burn injuries
- Injuries from using dangerous tools that are not properly maintained
- Eye injuries, brain injuries and disfiguration
- Serious back injuries
- Other wounds, cuts, lacerations and more
It is important to note that these are just a few examples of the types of accidents and injuries that can happen on a construction site. Our Miami construction accident lawyer deals with issues like these as well as hundreds of others that happen every year in Miami. Just because your specific incident or injury does not appear in this list does not mean that you are not entitled to compensation. You should discuss your accident and injuries with an attorney that is experienced in construction accident injuries to determine whether you can proceed with a case.
Workers Compensation & Personal Injury Claims
One of the things that employees are often told by both their friends and by their employers is that because of Workers Compensation Insurance, they will not be able to win a claim against their company for an injury or accident. While it is true that Workers Compensation does complicate the matter, there are situations in which employees are entitled to compensation even with the restrictions in place by Workers Compensation.
What most people do not understand is that for those restrictions from Workers Compensation to protect the employer, the employer must take significant precautions to make sure that the workplace is as safe as possible. In addition, there may be other parties that were responsible for the accident or injury which were not covered by workers compensation. For example, if the corporation behind the construction required the job foreman to cut corners or take shortcuts that put employees at risk, then the corporation could be responsible for accidents and injuries; therefore, Workers Compensation restrictions would not apply. There are other cases in which a third party is involved and may be liable for the construction accident.
When workers are injured on the job site, they have the right to pursue compensation for their medical expenses, lost wages and other effects of being injured on the job. But these workers’ rights are sometimes limited because Workers Compensation is designed to protect the employer in the case of an accident or injury on the job site. The best way to find out if you have a case and if you can circumvent the restrictions of Workers Compensation is to contact a Miami personal injury attorney and give them the details of your case. Lots of people in Florida that have not found help with Workers Compensation have been able to obtain the justice they deserve with a personal injury case.
Construction Accidents & OSHA
The Occupational Health and Safety Administration (OHSA) is an organization responsible for safety and security in the workplace in the United States. They create regulations that protect employers and employees as well as ensure that the workplace is safe. What you need to know about OSHA regarding work-related accidents and injuries is that often, when accidents occur, investigations reveal that the employer may have been guilty of OSHA violations that likely caused the accident or injury. A personal injury attorney in Miami with experience in construction litigation will be able to explain the relevant OSHA regulations and how they pertain to your case.
Our personal injury attorney in Miami will make sure to determine whether all the regulations were followed and initiate an investigation that could reveal those violations as part of a discovery process intended to collect compensation for the injured party. Some states have additional standards of safety that employers must abide. However, Florida is not one of those states. As such, Florida employers are subject to the rules and regulations of the OSHA.
The Bottom Line
The bottom line when it comes to construction accidents and injuries is that just because your employer has Workers Compensation does not mean that you have no case or are not entitled to additional compensation. Even if you feel that your case may not qualify, you should still contact an attorney in Miami that has experience in construction cases because most employees are not familiar with all the regulations, rules and other factors that affect construction litigation. The consultation is free of charge and finding out if you are entitled to compensation can be well worth the time you spend with an attorney discussing the case.