Countless construction workers suffer injury each day on construction sites across the U.S., many of them in Fort Lauderdale. While construction is a dangerous industry, fortunately injured workers or their family members (in the case of death) can recover compensation through workers’ compensation insurance or — in some cases — third-party claims. If you or a loved one was injured on a construction site, call a Fort Lauderdale construction accident and injury lawyer for help filing a claim today.
The attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. want to be your path to justice. Give us a call to schedule your consultation today: 954-524-2820.
Many construction workers suffer severe or fatal injuries in the following types of accidents that the Occupational Safety and Health Administration (OSHA) calls the “Fatal Four:”
Regardless of the type of accident, you are likely entitled to workers’ compensation benefits.
Workers’ compensation is insurance offered to employees, in exchange for employees agreeing to give up their right to sue their employer.
Workers’ compensation will pay for almost all injuries that you sustain while on the job.
For construction workers in Florida, this can include injuries that occur during any “building, clearing, filling, excavation, or substantial improvement in the size or use of any structure or the appearance of any land” [Florida Statute § 440.02].
To recover benefits from workers’ compensation insurance, you must notify your employer about your injury and file a claim with your employer’s insurer. While you do not have to prove fault in your claim, you must prove that your injury occurred while:
If you are able to prove the above criteria, you will be able to recover benefits such as:
This benefits are certainly helpful, but if your injury keeps you out of work for a long period of time, or does not allow you to return at all, you may be unable to make ends meet. Fortunately, you may have another option to recover injury compensation.
If your injury was the result of a third party (e.g., another contracting firm on site, a manufacturer, a designer, an engineer, another driver, etc.), you may be eligible to recover compensation through a third-party claim.
To have a valid third-party claim, you must be able to prove that the party as negligent. To prove negligence, you must establish the following:
Duty refers to the relationship you share with the third-party in question, and the manner in which it should act to fulfill that duty. For example, a property owner has a duty to keep anyone on his property safe. Another contractor onsite has a duty to behave in a way that keeps others from undue harm (i.e., he should not overload a scaffold and risk it collapsing).
Breach of duty
A breach of duty occurs when the party fails to uphold that duty. Consider the example above: if a contractor from another firm overloads the scaffolding that you are working on and it collapses, he has breached his duty to behave in a way that kept you from undue harm. Because of this, you may be able to file a claim against the contractor or his employer.
You must be able to prove that you would not have suffered this injury but for the third party’s negligence.
You must be able to prove that you suffered actual harm whether it be physical, emotional, or financial.
To establish these four elements, you will need to provide evidence such as:
The attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. have over 150 years of combined experience getting injury victims the compensation they deserve and can help you gather the evidence you need to prove negligence in your case.
Recovering from a severe work injury can be difficult enough without worrying about proving your injury was work-related or the result of another party’s negligence. The personal injury attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman do not think you should have to do it alone.
We want to help you get the compensation you and your family need to make ends meet. Our firm, named on U.S. News’ list of Best Law Firms in both 2014 and 2016, believes in giving back to our community in whatever way we can. One way we do this is by helping injured workers and their families get the compensation they need.
Whether it is a workers’ compensation claim or a third-party negligence claim, we can guide you through all the legal requirements to make sure you have what you need to prove your claim.
If you’ve been injured on a construction site, call our team of attorneys who are nationally recognized for helping their clients get the justice they deserve.
Call to see how we can help you today. Your first consultation is free and completely confidential.
Contact Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman at 954-524-2820. We look forward to hearing from you.