What Should I Do After a Construction Accident in Florida?

Those who work in construction have one of the most underrated jobs in the country. After all, without these workers, we wouldn’t have schools, homes, hospitals, roads, or stores! Unfortunately, this job can be dangerous, with many workers sustaining injuries over the course of their careers. It’s important to familiarize yourself with the most common accidents that happen on construction sites so you can stay alert to these dangers. However, despite taking necessary precautions, you may find that you can still be the victim of a construction accident. If this reflects your circumstances, you’ll want to keep reading to discover how a Broward County work injury lawyer can assist you in recovering the funds you deserve.

What Are Common Construction Site Incidents?

By far, one of the most common accidents that occur in construction sites is falls. These can be the result of slips or trips on wet spots or debris left on the ground, like building materials and electrical cords. However, falls from elevated surfaces are also incredibly common. In many instances, workers must use platforms to work, but if they are not properly constructed or if workers are not provided with proper protective equipment, they can fall from a significant height.

Unfortunately, falls make up the most commonly reported Occupational Safety and Health Administration (OSHA) violations despite being one of the most preventable accidents. Falls may occur from scaffolding, ladders, or other elevated heights if workers are not adequately trained or provided with proper equipment. Similarly, workers can suffer slips and falls when job sites are unsafe, such as:

• Debris on the ground
• Unsafe walking surfaces
• Spills that are not cleaned

Another common accident is being struck by objects. As workers must perform duties at elevated levels, building materials and tools may fall, striking another worker. Additionally, those navigating construction sites can sustain injuries if hit with machinery, like the bucket of an excavator.

Even workers who are wearing adequate protective equipment, like hard hats, may still suffer catastrophic injuries. As such, employers and supervisors should ensure that workers understand the importance of securing their tools when working at elevated heights.

Other common accidents on job sites include being caught between objects, burns, electrocutions, explosions, and exposure to hazardous materials. Unfortunately, if there is faulty wiring or damaged tools, workers can become severely injured by electrocution. As such, employers should purchase the proper equipment and regularly inspect tools and wires to ensure they are in adequate condition for use.

Understanding Scaffolding Accident Risks in Florida

Despite the fact that there are a number of federal restrictions and company regulations implemented to ensure the safety of workers on construction sites, accidents can happen. Unfortunately, scaffolding accidents are often catastrophic, resulting in long-term, chronic injuries. While falls rank as the number one most-reported OSHA violations, scaffolding violations rank at number seven.

Unfortunately, most accidents in Florida are the result of negligence, whether by an employer or an independent contractor. These accidents often include:

• Failure to adhere to OSHA guidelines
• Failure to install overhead protection
• Failure to properly secure scaffolding
• Failure to provide workers with proper protective equipment
• Failure to inspect scaffolding to ensure it is functional and safe

Third-Party Liability and Defective Construction Equipment

Though employer negligence is most often the root cause of scaffolding-related accidents, it’s important to understand that it is not the only cause. In the event that the equipment was defective or otherwise malfunctioned, you may have the opportunity to pursue a third-party claim against the manufacturer for the injuries and damages you’ve suffered. Common examples of third-party negligence that may lead to accidents include:

• Defective or unsafe scaffolding (like those that have malfunctioning safety features or cannot withstand the advertised weight limits)
• Malfunctioning brakes
• Defective safety equipment (like pulleys or fall safety systems)

What Steps Must I Take Following a Construction Accident?

After a construction site accident, the first thing you should do is report the accident to your supervisor. Next, you should seek medical treatment for the injuries you’ve sustained. If you are going to a doctor, you must go to one approved by your employer. However, if your injuries are urgent, you should go to the nearest emergency room for immediate attention. Getting immediate medical care is critical, not only for your health but also for recovering the compensation you deserve for the injuries sustained.

To build a successful case and satisfy the burden of proof, you must collect enough evidence to demonstrate that your injuries are directly correlated to the incident. Once you have received treatment, you can then file a claim for workers’ compensation. This should cover you regardless of who was at fault. This means you are generally eligible to recover funds to cover your medical bills, as well as a portion of your lost wages, if you are hurt on the job, without having to prove that your employer acted negligently.

You should also understand that, in order to ensure you are eligible to file a workers’ compensation claim in Florida, you must report the injury to your employer within 30 days. Though it’s better to report it as soon as possible, if you do not inform your employer within this timeframe, your compensation claim may be denied.

Essential Legal Approach for Injured Construction Workers

To ensure that you have sufficient evidence for your claim or a potential third-party lawsuit, follow this systematic approach:

1. Call the authorities: A law enforcement officer will conduct an official police report and call for an ambulance to the scene. Be sure to request a copy of this police report.
2. Capture the scene: Take photos and videos of the accident scene, including the hazard that caused your injuries, your visible injuries, and any other relevant details. You should also ask witnesses for their names and contact information, as they may be able to corroborate your claims.
3. Seek medical treatment: Even if you do not have any noticeable injuries, internal trauma can surface later on. Obtaining prompt medical attention at the scene and scheduling follow-up appointments with your physician is critical to establishing and documenting the care you’ve received. Request copies of your medical bills and a doctor’s note that highlights the date, time, and severity of your injuries.
4. Hire a skilled Broward County personal injury attorney: An attorney at our firm will help you collect any additional evidence necessary, such as workplace surveillance camera footage or subcontractor logs.

It is important to understand that, in Florida, you are generally required to see a provider approved by your employer’s workers’ compensation insurer. However, you should seek immediate treatment at the nearest hospital or emergency room for life-threatening injuries.

Florida Statute of Limitations and Eligibility Criteria

However, you should know that there are several circumstances in which you may be unable to file a workers’ compensation claim in Florida, even if an injury happened while you were at your place of work. Essentially, you are unable to pursue workers’ compensation under any of the following circumstances:

• You were at work while intoxicated
• You were engaged in tomfoolery with another employee (like roughhousing or play-fighting)
• You were engaged in physical violence
• Your injuries were outside of the scope of your responsibilities while you were off the clock, but on the premises

In Florida, all construction companies are required to carry this insurance, regardless of the number of employees they have on staff. Furthermore, you must file your third-party personal injury claim before the Florida statute of limitations expires, which is usually two years from the date of your accident.

Can a Broward County Attorney Help Me With Workers’ Comp Issues?

Navigating the workers’ compensation process can be incredibly complex. Many workers may feel even more undervalued when they are hurt on the job and their workers’ compensation is denied. Even though you are entitled to workers’ compensation in most instances, you should know that your employer or their insurance carrier may try to impact your ability to recover funds. As such, it’s in your best interest to obtain the assistance of an experienced attorney who can help you navigate this process. Not only can they help you file the claim correctly to improve your chances of a favorable outcome, but they can also assist if you are denied for any reason.

Contact an Experienced Broward County Injury Attorney

At the Finizio Law Group, we’re ready to fight for the rights of injured workers. If you are hurt, we can help. If you require legal representation for matters of personal injury, commercial litigation, or work injury disputes, contact The Finizio Law Group today to schedule a free consultation and discuss your circumstances with a member of our firm.