West Palm Beach Construction Accident Lawyer
Florida’s construction industry is heavily regulated to promote the safety of both workers and the general public. But no safety regime is ever perfect. Accidents are still a regular occurrence on job sites and for the victims, the impact on their life–and livelihood–is often catastrophic.
If you have been injured on a construction site, the team at Smith, Ball, Báez & Prather can help. We are experienced West Palm Beach construction accident lawyers. We can advise you on applying for and receiving workers’ compensation benefits. We can also represent you in pursuing a personal injury claim against other parties whose reckless conduct caused or contributed to your accident.
Will Workers’ Compensation Cover a Florida Construction Accident?
Anyone who has spent time on a construction site understands there are certain risks and hazards inherent in the job. And the most common causes of construction accidents are well known. Indeed, the U.S. Occupational Safety and Health Administration has famously listed the “fatal four” types of construction accidents as falls, being struck by an object, getting caught in or between objects, and electrocution.
In terms of the role that negligence plays in construction accidents, there are a number of factors that must be considered. For example, lack of proper safety training is often a key consideration. Along similar lines, it is important to look at a company’s safety practices. There can also be issues with third parties, such as equipment manufacturers. Say a defective ladder fails at a key moment causing a worker to fall to the ground and shatter their pelvis. The manufacturer of that ladder can be sued under Florida product liability law.
With respect to compensation following a construction accident, the first question we often get from clients relates to workers’ compensation. Just about every Florida construction worker is covered by some form of workers’ compensation insurance. This provides specified “no-fault” benefits to cover medical costs and a portion of lost wages without the need to prove that anyone was negligent in causing the accident.
Workers’ compensation generally bars an injured construction worker from filing a personal injury lawsuit against their employer. Depending on the specific facts and circumstances of a construction accident, however, the employee may have grounds to file a lawsuit against a non-employer or third party whose actions contributed to their injuries. For instance, if you work for a subcontractor and were hit by a truck owned by another subcontractor, workers’ compensation would not bar you from suing the other subcontractor. Nor would it cover any off-site defendants like an equipment or tool manufacturer.
Contact Smith, Ball, Báez & Prather Today
Even if your case is fully covered by workers’ compensation, there are certain legal deadlines you must meet for reporting your injury and filing a claim. Your employer and their insurance company may also put up a fight with respect to paying benefits. So it is always in your best interests to work with a skilled West Palm Beach construction accident lawyer who can fully advise you of your rights under the law. Contact Smith, Ball, Báez & Prather today to schedule a consultation.