Miami, FL Construction Accident Lawyer

Construction Accident Lawyers Serving Clients in Miami and All of Southeast Florida

Undocumented Workers Have Rights in Florida

If you’re an undocumented worker injured on a construction site, you should know that Florida law protects your rights just like anyone else’s. You’re entitled to workers’ compensation benefits regardless of your immigration status. Employers and insurance companies cannot use your status against you, nor can they report you or retaliate against you for filing a claim. Pursuing the benefits you deserve won’t jeopardize your safety or put you at risk of deportation.

At Bernheim Kelley Injury Lawyers, we understand the challenges undocumented workers face after a workplace accident. We’re here to stand by your side, protect your rights, and make sure your immigration status never stands in the way of the compensation you’re entitled to.

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What Causes Construction Accidents in Miami?

The most common types of construction accidents include:

The “Fatal Four”

The “Fatal Four” construction dangers are the leading causes of serious injuries and fatalities on job sites. These include:

1. Falls: The biggest risk, often from ladders, scaffolding, or rooftops.
2. Struck-By Incidents: Getting hit by falling objects, vehicles, or heavy equipment.
3. Electrocutions: Contact with live wires, power lines, or malfunctioning electrical tools.
4. Caught-In/Between Accidents: Being crushed or trapped by machinery, collapsing structures, or materials.

Other Common Causes of Construction Accidents

While the “Fatal Four” account for the most common causes of construction accidents, they are not the only causes. Other common causes of construction accidents include:

• Equipment-Related Accidents: Mishaps involving cranes, forklifts, or power tools often result in injuries due to improper use or mechanical failure.
• Slips, Trips and Falls: Hazards like uneven surfaces, debris, or wet areas can lead to serious injuries from slips and trips on job sites.
• Fires and Explosions: Gas leaks, flammable materials, or faulty equipment can cause fires and explosions, posing a significant danger to workers.

What Are the Most Common Injuries in Miami Construction Accidents?

Construction is Florida’s most dangerous industry, with construction deaths accounting for up to 30% of the state’s occupational deaths in recent years. Some of the most common injuries workers face include:

• Amputation of a finger, toe, or limb
• Broken bones or fractures from falls or heavy equipment mishaps
• Burns caused by fires, explosions, or contact with hazardous materials
• Cuts or lacerations from sharp tools or machinery
• Eye injuries or loss of vision due to flying debris or chemical exposure
• Shoulder, knee, or ankle injuries from repetitive strain or accidents
• Loss of hearing from prolonged exposure to loud jobsite noise
• Paralysis and other spinal cord injuries from severe falls or being crushed
• Post-traumatic stress disorder (PTSD) from traumatic events on-site
• Illnesses caused by toxic exposure to chemicals or hazardous substances
• Traumatic brain injuries (TBIs) from falling objects or accidents
• Fatal injuries that result from the most severe incidents

These injuries highlight why safety precautions and protective measures are so critical in construction work.

What Compensation Can a Miami Construction Accident Lawyer Obtain for Me?

A Miami construction accident lawyer can help you seek the maximum compensation available for your injuries by evaluating all your options. Depending on your situation, you may be eligible to file one or more types of claims:

• Workers’ Compensation Claim: In Miami, most construction workers are covered by no-fault workers’ compensation insurance. If you’re hurt on the job, you have the right to file a workers’ compensation claim for medical expenses and part of your lost wages. These claims don’t require proving fault, but the process can be complicated. Our attorneys can guide you every step of the way and help you fight for the benefits you’re entitled to.
• Third-Party Liability Claim: While workers’ comp is usually the only claim you can file against your employer, you may have the option to pursue a fault-based claim against a negligent third party. This could include a property owner, contractor, or another company on the job site that failed to follow Florida’s building construction standards. These are called third-party liability lawsuits, and they allow you to seek compensation for damages beyond what workers’ comp covers, like pain and suffering.
• Personal Injury Claim (Non-Worker): Construction sites aren’t just dangerous for workers—they can also pose risks to passersby and other non-workers. If you were injured in a construction accident because of someone else’s negligence, like a developer or property owner, you can file a personal injury claim to hold them accountable and recover compensation for your losses.
• Product Liability Claim: Construction often involves using heavy machinery and specialized tools. If an accident happens because of a defective product, the manufacturer or distributor could be held responsible. Whether it’s faulty equipment or unsafe tools, our Miami product liability attorneys can help you pursue Real Justice and compensation for your injuries.

A Miami construction accident lawyer can review the details of your case and determine how best to pursue the maximum compensation you need and deserve for your injuries. Our attorneys have substantial experience helping injury victims recover the maximum compensation they deserve. We will thoroughly review the facts in your case and tailor a legal strategy to address your specific situation.

What Should I Do After a Construction Accident in Miami?

If you’ve been involved in a construction accident in Miami, taking the right steps can make all the difference for your recovery and potential compensation. Here’s what to do:

• Seek medical attention immediately. Even if your injuries seem minor, get checked out by a healthcare professional to document the injury.
• Report the accident. Notify your supervisor or employer as soon as possible and ensure the incident is officially documented.
• Gather evidence. If you’re able, take photos or videos of the accident scene, your injuries, and any hazardous conditions that contributed to the accident.
• Identify witnesses. Collect contact information from coworkers or others who saw what happened. Their statements can be valuable later.
• Avoid giving detailed statements. Be cautious about discussing the accident with anyone other than your attorney, especially insurance adjusters.
• File a workers’ compensation claim. This is a critical step to start receiving medical and wage benefits.
• Consult an attorney. Speak with an experienced construction accident lawyer who can help you navigate your legal options, including workers’ compensation claims or third-party lawsuits.

What If the Insurance Company Denies My Claim?

Insurance companies don’t prioritize fairness—they focus on saving money. Even valid claims can be denied. If that happens, our team can continue negotiations or file a lawsuit if necessary. At Bernheim Kelley Injury Lawyers, we strive to settle most cases out of court, but we’re always prepared to fight for you in the courtroom when needed.

Who Is Liable for a Miami Construction Accident?

Liability for a construction accident in Miami can depend on the circumstances of the accident and who was responsible for the unsafe conditions. Here are some parties that may be held accountable:

• Employers: While workers’ compensation typically protects employers from lawsuits, they may be liable if they intentionally caused harm or failed to carry the required insurance.
• Contractors and subcontractors: They are responsible for maintaining safe working conditions and can be held liable if their negligence caused the accident.
• Construction site owners: If unsafe conditions on the property contributed to the accident, the site owner might share responsibility.
• Product manufacturers: If defective tools, machinery, or safety equipment caused the injury, the manufacturer or supplier could be held liable.
• Engineers or architects: Design flaws or failure to follow safety standards can place liability on the professionals responsible for planning and overseeing the project.
• Other workers: If a worker’s negligence directly led to your injury, they could also be held accountable in certain cases.

Determining liability can be incredibly complex. If you were hurt on the job, it is in your best interest to speak with the Miami construction accident lawyers at Bernheim Kelley Injury Lawyers. Our attorneys have extensive experience handling these difficult cases; we know how to build a compelling case, and we know how to win. During your FREE case evaluation, our attorneys will listen to your story, assess the merits of your claim, and explain your rights and options.

Overview of OSHA and Construction Accidents

The Occupational Safety and Health Administration (OSHA) is a division of the Department of Labor tasked with keeping workplaces safe—especially in high-risk industries like construction. Since its creation in 1970, OSHA has worked to reduce accidents through training, inspections, and investigations. Construction is one of the most dangerous professions, with thousands of serious injuries and fatalities every year. OSHA helps by enforcing safety regulations, holding employers accountable for violations, and allowing workers to report unsafe conditions anonymously, without fear of retaliation. Employers are required to follow OSHA guidelines, keep detailed records of workplace injuries, and promptly report incidents.

How OSHA Supports Workplace Injury Cases

Workers’ compensation benefits cover medical bills and lost wages after an accident, but they don’t address non-economic damages like pain and suffering. In certain cases, workers can file personal injury lawsuits against their employers if they can prove the employer knowingly ignored dangerous conditions. OSHA violations can be a key piece of evidence in construction accident cases. Workers may also file claims against third parties, like contractors or equipment manufacturers, who contributed to the unsafe conditions. OSHA’s safety standards and records are often critical in helping injured workers secure compensation beyond what workers’ comp provides.

How Long Do I Have to File a Claim?

In Florida, the time limit to file a construction accident claim depends on the type of claim you’re pursuing:

• Workers’ Compensation Claim: You must report your injury to your employer within 30 days of the accident. After that, you typically have two years from the date of the injury to file a workers’ compensation claim.
• Personal Injury Lawsuit: Florida’s statute of limitations for personal injury cases is two years from the date of the accident.
• Other Claims (e.g., Social Security Disability): Deadlines for government benefit claims vary depending on the program, so it’s important to consult an attorney to ensure you meet the specific timelines.

Missing these deadlines can bar you from recovering compensation, so it’s crucial to act quickly. Consulting with an experienced construction accident lawyer can help ensure your claim is filed on time.

– 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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How Bernheim Kelley Injury Lawyers Can Help with Your Miami Construction Accident Case

At Bernheim Kelley Injury Lawyers, we understand how overwhelming life can feel after a construction accident. That’s why we handle your case on a contingency-fee basis—you don’t pay anything upfront or out of pocket. We cover all filing fees and other costs during the process and only get paid when we win your case.

Here’s how our Miami construction accident lawyers can help:

Identify What Caused Your Construction Accident

We’ll launch a thorough investigation to identify what caused your accident. Whether it was a fall from a height, collapsing scaffolding, defective safety equipment, a falling object, or even a vehicle collision on-site, we’ll uncover the responsible party and hold them accountable.

Evaluate How Your Injuries Affect Your Life

Your injuries are more than just medical bills and lost wages. They affect your daily life, emotional well-being, and ability to provide for your family. We’ll calculate the full value of your claim, including pain and suffering, emotional distress, and financial strain on your loved ones.

Explain How Florida Law Impacts Your Case

Florida’s no-fault insurance laws, serious injury thresholds, and comparative negligence rules can all play a role in your case. We’ll help you navigate these complexities and ensure your rights as a Miami construction worker are protected.

Provide Full Support Throughout Your Case

From handling insurance forms to addressing repair estimates, we’re here for the little things that make a big difference. Our team is just a phone call away, ready to assist with anything related to your claim so you can focus on recovery.

At Bernheim Kelley Injury Lawyers, we’re committed to making the process as stress-free as possible while pursuing the compensation you deserve.

Contact a Miami Construction Accident Lawyer Today

Navigating the aftermath of a construction accident can feel overwhelming. Our Miami construction accident lawyers understand the hardships you may be facing and are here to guide you every step of the way.

It costs you nothing to speak with our attorneys. We offer FREE consultations to evaluate your case and discuss your options. At Bernheim Kelley Injury Lawyers, we’re committed to fighting for your rights and securing the compensation you deserve. Let us take the burden off your shoulders so you can focus on recovery.

Contact the Miami construction accident lawyers at Bernheim Kelley Injury Lawyers today online or at (305) 617-1111 for a FREE case evaluation. Our Miami office proudly serves clients throughout Miami-Dade County and Southeast Florida.