If you suffer an injury on the job, seek the assistance of a construction injury lawyer as soon as possible. In addition to standard benefits such as workers’ compensation, you may be entitled to a personal injury claim against a third party whose negligence contributed to the accident, such as another contractor on the site or the maker of defective equipment. However, you must act quickly to secure the compensation you deserve. An experienced construction site injury lawyer, such as Justin Weinstein at Weinstein Legal Team, can help maximize your settlement and get the money you deserve fast.
Contact the team at Weinstein Legal Team today for a free case evaluation and to see what your claim may be worth. Mr. Weinstein has years of experience negotiating with insurance companies and litigating personal injury lawsuits. Even if you sustain an injury while you are at work, you may still be entitled to compensation.
OSHA Rules for Construction Site Injuries
If you work in the construction industry, you are likely familiar with OSHA (Occupational Safety and Health Administration with the United States Department of Labor). OSHA ensures that all workers in the United States have a safe and healthy workplace that does not place them in unreasonable danger. The administration enforces safety standards and guidelines, provides training and education, conducts outreach to organizations, and assists workers in need.
Construction injuries can often be very extreme. You are working with machinery and tools, dangerous equipment, often in spaces that are not yet open and suitable for the public. There is an increased risk of slip and fall injuries, broken bones, head trauma, concussions, and more. However, OSHA regulations exist to ensure that your employer maintains as safe a space as possible. You may be entitled to significant compensation if your employer violates any of these guidelines and you suffer an injury because of it. Contact a construction injury lawyer right away to learn more.
Common Construction Site Injuries
Worksites are often full of hazards, and sometimes accidents can happen in even the safest conditions. That’s why you need an experienced construction injury lawyer to represent your personal injury case. There’s no denying that construction can be a risky business. According to the Bureau of Labor Statistics, construction consistently accounts for about one in five workplace deaths in the United States, roughly 1,000 workers a year, most of them from the “Fatal Four”: falls, being struck by an object, electrocution, and being caught in or between equipment. Countless more are injured.
Common construction site injuries include:
These are just a few of the most common worksite injuries for which you may be entitled to compensation. Speak with a construction site injury lawyer today to learn more.
Who You Can Sue After a Construction Accident
If you were hurt working on a site, workers’ compensation pays medical care and partial wages no matter who was at fault, but it is generally your only remedy against your employer (Fla. Stat. § 440.11), apart from a narrow intentional-tort exception that demands clear and convincing proof, and that immunity can extend to a contractor or subcontractor that counts as your statutory employer under Fla. Stat. § 440.10. Comp pays nothing for pain and suffering. The full-value claim on a construction site is the one against a third party that does not share that immunity, and whether one exists depends on how the companies on the site were related.
- Other contractors and subcontractors whose crews created the hazard
- The site owner, or a general contractor that is not your statutory employer, where they controlled safety and failed
- Equipment and machinery manufacturers, for defective lifts, saws, and scaffolding components
- Delivery and vehicle drivers operating on or around the site
Multi-employer sites are exactly where these claims live. OSHA citations, site-safety plans, and contract documents establish who controlled the hazard. You can pursue a third-party lawsuit and collect workers’ comp at the same time, and the comp carrier is reimbursed for part of what it paid out of the recovery (Fla. Stat. § 440.39). If you were not an employee at all, for example a passerby or visitor injured by falling debris or site conditions, you have a straight negligence claim with no comp limits. When a construction accident is fatal, the family’s claim proceeds as a wrongful death action.
Compensation after Construction Site Accidents
One of the most common questions we hear is regarding how to obtain compensation following a workplace accident and how much a claim or lawsuit may be worth. Regarding settlement amounts, each case is entirely unique, and the possible value of your claim will depend on many factors.
To ensure you can obtain any compensation you may be entitled to, always follow these guidelines after a construction site accident.
- Seek medical care as soon as possible. The longer you wait to see a doctor, the worse your claim will look to insurance companies and the courts. Seek care as quickly as possible, immediately following an accident if possible. You can visit an emergency room, urgent care center, or your primary care physician.
- Report the accident to your workplace. Familiarize yourself with the proper protocol at your job site and inform the correct parties of your accident as quickly as possible. Report the incident to your immediate supervisor, Human Resources, and any other necessary departments. You may need to file a formal, written report documenting the accident and your resulting injury.
- Contact a construction injury lawyer. After you seek medical care and report your accident, immediately contact a construction site injury lawyer such as Mr. Weinstein. Your attorney will advise you on the best next steps and the dos and don’ts of handling your claim.
- Follow all doctor recommendations. One of individuals’ biggest mistakes is failing to adhere to doctor recommendations following a construction site accident. This can greatly damage your personal injury claim down the line. Follow all recommendations for additional care and follow-up appointments, diagnostic testing and imaging, suggested time off work, and more.
- Save all correspondence and documentation. Save all medical bills, medical reports, receipts, and correspondence with your employer and the workers’ compensation insurance carrier.
