Fort Myers, FL Construction Accident Lawyer

Construction Accident Lawyers Serving Clients in Fort Myers and All of Southwest Florida

• Slips, Trips, & Falls
• Falls from Ladders, Scaffolding, & Other Heights
• Injuries from Falling Objects
• Crane Accidents
• Power Tool Injuries
• Transportation Accidents
• Machinery Accidents
• Electric Shock
• Toxic Exposure Incidents
• Fires & Explosions
• Structure & Building Collapses

This list is not exhaustive. If you have been injured on a construction site, our Fort Myers construction accident attorneys can answer your questions and explain the legal rights you have.

What Are the Most Common Injuries in Fort Myers Construction Accidents?

The injuries experienced by construction workers can range from relatively minor to catastrophic—sometimes even fatal. A seemingly minor construction accident can have major ramifications for workers’ health and well-being, ability to work, and their future.

Some of the most common injuries suffered by workers on construction sites include:

• Muscle Strains, Sprains, & Tears
• Bone Fractures
• Head & Brain Injuries
• Neck Injuries
• Back Injuries
• Loss of a Limb
• Vision Loss & Eye Injuries
• Hearing Loss
• Burns

In the most tragic cases, a construction accident can result in the death of a worker. Construction is actually the deadliest industry in Florida, with construction deaths making up 30% of the state’s occupational fatalities in recent years.

Many fatal accidents center on the “Fatal Four,” or the four hazards identified by OSHA as leading to the most deaths in construction:

1. Falls
2. Struck-By Hazards (i.e., being hit by a falling, flying, swinging, or rolling object)
3. Caught-In & Caught-Between Incidents (e.g., getting caught in unguarded machinery, burial in trench and excavation collapses, and being pinned between equipment and immovable objects)
4. Electrocution

You are more than a statistic. Whether you were injured on the job or a member of your family was killed in a construction accident, Bernheim Kelley Injury Lawyers is here to help you and your loved ones recover the financial compensation and peace of mind you deserve.

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What Compensation Can a Fort Myers Construction Accident Lawyer Obtain for Me?

Construction accident claims are complicated legal matters. Employers and insurance companies can make it difficult for injured workers to get the benefits and additional compensation they are due.

Making matters more challenging is the fact that parties other than an employer may contribute to a construction accident. This may give you additional legal recourse, but holding third parties accountable is not always easy.

Bottom line: You need a Fort Myers construction accident lawyer to help you protect your rights and secure fair compensation. Bernheim Kelley Injury Lawyers has extensive experience with the following construction accident claims:

Workers’ Compensation

Most workers can turn to workers’ compensation for coverage of certain losses after a job-related injury. Workers’ comp insurance is mandatory for the majority of employers in Florida.

The benefits available through workers’ compensation for a construction accident include:

• Coverage of Medical Expenses: Workers’ comp pays for all medically necessary treatment of a construction injury, including emergency room visits, doctor’s appointments, physical therapy sessions, and more.
• Disability Benefits: If you miss work as a result of the injury, you may be entitled to disability benefits to make up for lost wages. Disability benefits usually pay two-thirds of your average weekly wage prior to the accident, although you may qualify for benefits covering up to 80% for six months after a serious injury. You may also be entitled to permanent disability benefits if you cannot return to work.
• Death Benefits: Workers’ comp pays up to $7,500 for funeral expenses and a maximum of $150,000 in compensation to the dependents for lost wages (calculated as two-thirds of the average weekly wage prior to death). Surviving spouses are also entitled to payment of student fees for postsecondary education.

Workers’ compensation is a no-fault system. This means workers and their families don’t have to prove fault in order to claim benefits following a construction accident. Unfortunately, employers and workers’ comp insurers aren’t always cooperative. You may be left with significant medical bills and little to no money to pay your expenses.

Bernheim Kelley Injury Lawyers knows how insurance companies operate. A construction accident lawyer in Fort Myers can help you file for workers’ comp and ensure you get the benefits you deserve. If your workers’ compensation claim is denied, we can appeal the decision.

Third-Party Liability

Responsibility for the safety of a construction site is not limited to your employer. Property owners, contractors, subcontractors, and other parties all have a duty to limit unnecessary risks. If one or more third parties fail in this duty, they may be held liable for the injuries and damages you sustain in a construction accident.

A third-party liability claim is brought outside of workers’ compensation. They are personal injury cases, so you have to prove that the third party was at fault. Examples of situations where third party liability may apply for a construction accident include:

• The property owner creates a dangerous condition on the premises
• A contractor or subcontractor fails to supervise its employees
• Inadequate training for workers on the job site
• Failure to follow Florida’s building construction standards (Florida Statutes Chapter 553)
• Violations of OSHA construction requirements
• Failure to follow procedures for powering down and securing machines or equipment
• Negligent operation of tools, equipment, vehicles, or machinery
• A defective product used on the job site causes injury

Unlike workers’ compensation claims, you can pursue recovery of all damages you are due in a third-party liability claim. These may include current and future medical expenses, all lost wages to date, loss of earning capacity, pain and suffering, and more.

If a loved one was killed in a construction accident, our attorneys can bring a wrongful death claim on behalf of your family. You may be entitled to much more than the death benefits covered by workers’ comp, including all funeral and burial expenses, medical bills prior to death, loss of financial support, loss of companionship, and beyond.

Third-party liability claims require advanced legal knowledge and extensive experience. Speak to a Fort Myers construction accident lawyer right away for knowledgeable guidance and compassionate assistance with your case.

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What Should I Do After a Construction Accident in Fort Myers?

After a construction accident, time is of the essence. You need to get to safety, have your injuries examined by medical professionals, and understand the options you have for making a claim.

We recommend you do the following as soon as possible after a construction accident in Fort Myers, Lee County, or another community in Southwest Florida:

1. Get Medical Attention: Medical care should be your first priority after being injured on the job.
2. Report the Accident to Your Employer: In Florida, a workplace accident must be reported to an employer within 30 days. Failure to do so jeopardizes your right to workers’ compensation. Be sure to provide notification in writing so there is a record of your injury.
3. Document the Construction Accident: This only applies if it is safe for you to stay on the job site. If possible, you should take pictures, make notes, and speak to anyone who saw the accident. These details may be important for any claims you pursue.
4. Keep All Paperwork: Medical records; bills and receipts; and communications with your doctors, employer, and the workers’ comp insurer should all be preserved. Complete documentation is crucial for ensuring that you get the right medical treatment and protecting your rights after a construction accident.
5. Talk to a Fort Myers Construction Accident Attorney: Don’t wait to seek legal counsel. At Bernheim Kelley Injury Lawyers, we draw on decades of experience and in-depth understanding of workers’ comp and personal injury law to provide real advocacy for construction workers who have been hurt on the job.

Meet Our Lawyers

Determining the best course of action after a construction site accident can be difficult. You are concerned about getting healthy, paying your bills, and supporting your family. The thought of legal action is probably overwhelming.

The good news is you’re not alone. In addition to helping you apply for workers’ comp and determine whether you have a third-party liability case, our Fort Myers construction accident lawyer will listen to your needs and act accordingly. We pride ourselves on building positive relationships with our clients, resulting in the highest standard of service and support.

– you are in good hands!

“When I broke my leg at work I didn’t know what to do. Thankfully a friend of mine told me to contact Bernheim Kelley. My attorney Brooke Perez and her paralegal Gabriella were great. Gabby answered all my questions and made me feel like I had made the right choice. Thank you Bernheim Kelley.”

Rodney J.

“Dor Schwartz gave us the best service we ever got from a lawyer. He fought for us (off court) and negotiated until we got our money back. He was very professional, kind, and approachable. He answered all of our questions and explained every step of the way. We are definitely going to recommend him & Bernheim Kelley to our friends and clients.”

Dana A.

“I really want to give a huge shout out to my attorney Brooke Perez and an even bigger shout out to her paralegal Gabby @ Bernheim Kelley! The law firm helped me to be compensated for a work injury and I got paid while I was off work. My checks came on a weekly schedule. Thank you all for making this rough situation not so bad. Thank you Thank you!”

Martha S.

“I have used them to represent me on more than one occasion and have recommended this firm to several family members and friends. They are very professional and will always give their undivided attention to each and every case regardless of how complex the case might be. I trust Bernheim Kelley with all of my legal needs and will continue to recommend them each and every time. Thank you for your dedication and hard work.”

John S.

“Working with Bernheim Kelley was an extremely positive experience. The level of attention given was much appreciated, especially with complicated details within our case. Highly recommended and look forward to working with them in the future if the need were to arise.”

Marlaina R.

“It was a long and exhausting road for a claim that was submitted but ultimately I have to thank Jeff DeCarlo and Norin Levy for offering the expertise, support, and patience it needed to reach a settlement that was worth the wait. Thank you Bernheim Kelley for your diligence and professionalism along the way. Being that I never had an insurance claim before, Jeff kept me reassured and calm and Norin made sure my ducks were in a row with the paperwork. Thank you Team!”

Ingrid H.

“I have found Robert Pinkiert and his case manager, Alicia, to be very responsive. Alicia keeps me up to date throughout any proceedings and thoroughly responds to any of my questions or concerns. It is a pleasure to work with the team.”

Neil M.

“Thank you Jesse Bernheim, you and your staff are nothing but amazing. From the communication, patience, and professionalism, your office continues to get results. You and your staff make clients feel like family and know how much we appreciate your hard work and attention to detail. Thank you and god bless!!”

Eddie S.

“I’ve been Jesse Bernheim’s client for more than 15 years. He takes good care of his clients, getting great results. Although most cases are settled out of court, he doesn’t hesitate to get into a courtroom if it’s needed for the benefit of his clients. He and his firm recently helped me with an accident at a park, that accident has caused me not only physical but mental pain, anxiety, and anguish. Jesse Bernheim and Robin Rios took my hand all the way, making me feel protected and confident. They explained to me what to do and what to expect clearly. I highly recommend them.”

Jessica P.R.

“Attorney Robert Pinkiert and his paralegal Alicia are wonderful to work with. They are experienced, professional, highly skilled, and always responsive to help answer questions and provide guidance. Both reached out and proactively supported me during a stressful and challenging time. I would recommend Bernheim Kelley to anyone, including my own friends and family.”

Alice M.

“Thank you so much! I’m so grateful for the way my case has been handled!! I highly recommend Bernheim Kelley. From the very beginning of my case, the communication has been excellent. They have handled my case so professionally and have made me feel so comfortable throughout the process. By far they will work for you and make sure you get the BEST results. If you are looking for an amazing attorney don’t look any further I promise you have it here!!”

Luciana B.

“The absolute best law firm you could ask for in an injury claim. They worked real hard to ensure not only I was ok but set up all my physical therapy and ensured I was paid for my unfortunate accident. Very helpful, no drop in communication, and always had my best interest in mind. I will recommend this firm to anyone!!!!”

Alexander S.

“My experience with this firm from start to finish was excellent in every way. Their entire team was responsive, knowledgeable, and they produced even better results in my case than I was hoping for. I strongly recommend them to anyone seeking counsel for their own matters.”

Serian & John M.

“Jesse Bernheim is professional, responsive, and a great guy. Pleased to be associated with such a fantastic and talented team!”

Rajdeep G.

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Who Is Liable for a Fort Myers Construction Accident?

Liability can be a complex issue in construction accident claims. Our lawyers will conduct a comprehensive investigation into the events that led to your injury. This will allow us to identify any and all of the parties responsible.

Potential defendants in a Fort Myers construction accident claim include:

• General Contractors: As a rule, the general contractor is responsible for the construction project as a whole. Their duties include purchasing supplies and materials, hiring subcontractors, overseeing work on the project, and ensuring compliance with safety standards. Negligence in any of these areas can expose the general contractor to liability for a construction accident.
• Subcontractors: One or more subcontractors may be brought in to handle specific aspects of construction. Subcontractors are responsible for performing their tasks safely and minimizing hazards in their area of the job site. They may be held liable for accidents when they fail in these responsibilities.
• Property Owners: If the owner of the property maintains control of the premises during construction, they may be responsible for injuries suffered by workers due to dangerous conditions.
• Manufacturers and Suppliers: The manufacturers of equipment, materials, and other products used on a construction site may be held liable for injuries due to defects. Product liability claims may be brought on the basis of strict liability, in which case you do not need to prove negligence on the part of the manufacturer—just that the product was defective and you were injured as a result.
• Architects, Designers, Land Surveyors, & Engineers: Professionals involved in the design or planning of a structure may be liable for injuries in construction accidents if their work violates the accepted standards for the profession.

Clients often ask us if they can sue their employer for a construction site accident. The answer, in most cases, is no.

In Florida, workers’ compensation is considered the exclusive remedy for employees who suffer job-related injuries (Florida Statutes § 440.11). Employers who purchase workers’ compensation insurance are generally exempt from liability. Only by showing that the employer (a) meant to intentionally injure a worker or (b) knowingly engaged in actions that were “virtually certain to result in injury or death to the employee” can a worker bring a personal injury claim against their employer.

Proving negligence on the part of a third party or intent on the part of an employer can be very difficult. We urge you to seek guidance from a knowledgeable construction accident attorney in Fort Myers to understand the available remedies and get qualified representation.

Contact a Fort Myers Construction Accident Lawyer Today

If you or someone you love has been injured in a construction accident, you should immediately seek legal assistance. The attorneys at Bernheim Kelley Injury Lawyers are real advocates with real experience handling construction accident claims. We passionately fight for the outcome each client deserves, adjusting our strategy to account for your unique needs and circumstances.

For a FREE consultation, call at (239) 366-1111 today. Our construction accident lawyers in Fort Myers serve all of Lee County and nearby areas of Southwest Florida, including Naples, Sarasota, Tampa Bay, and more.