Injured in a Construction Accident in South Florida? Our Fort Lauderdale Construction Accident Attorneys Will Protect Your Rights
Construction work can be dangerous. A construction site is a fast-paced and challenging environment. It is also one in which proper workplace safety precautions should always come first. Sadly, each year, far too many people are hurt in construction accidents. More workplace deaths happen in construction than any other U.S. industry. In fact, the Occupational Safety and Health Administration (OSHA) reports that 20% of all job fatalities nationwide happen in the construction industry.
At Bernheim Kelley Battista, LLC, our Fort Lauderdale construction accident lawyer fights aggressively to protect the rights and interests of injured victims and their families. With a devotion to personalized representation, our attorneys go above and beyond to help clients get results. If you or your family member was hurt in a construction site accident, we are here to help. Call us today to set up a free, fully confidential consultation with a construction accident lawyer in Fort Lauderdale.
Unfortunately, construction accidents happen far more frequently than many people realize. There is an astounding statistic from federal workplace safety data: Approximately 1 out of every 10 construction workers typically will get injured every year. It is a higher injury rate than at most other occupations. Some of the most common causes of construction accidents include:
Alarmingly, there are some concerns that workplace safety lapses in the construction industry are becoming more common. In Florida’s larger metropolitan areas cities, the business environment and financial pressure to get projects done quickly is only making matters more challenging for workers. Occupational Safety and Health Administration (OSHA) estimates that there will be 1000 work-related deaths nationwide next year in the construction industry.
A modern construction site is a complex place. There are often several different parties working simultaneously to complete the project. A construction site accident can happen for a wide range of different reasons. That being said, the large majority of construction accidents share an important commonality: It could have been prevented had the right safety precautions been followed. There are several different types of construction accident claims. Here are four of the most common:
Liability for a construction site accident always depends on the specific circumstances of the case, including exactly how and why injuries occurred. Contractors and subcontractors must operate safely. Other parties in construction have obligations as well. Construction accidents are often caused by negligent general contractors or contractors who have abdicated supervision to negligent sub-contractors. A construction accident claim may be brought against:
As devastating construction accidents are becoming more common, a significant number of workers in the industry suffer serious injuries each year. A catastrophic construction accident can put victims out of work, sometimes permanently. This puts a major financial hardship on families. Others face a lifetime regimen of medication and weeks or months of rehabilitation. During that time, their families are often without income. Some of the most common construction accident injuries include:
All serious construction site injuries require immediate medical attention. Whether you are an employee, a contractor, or a passerby, it is imperative that your injuries are immediately evaluated by a qualified medical professional. It is your right to get the proper medical attention. Not only will seeing a doctor right away put you in a better position to make a full physical and mental recovery from the accident, it will also put you in a better position to bring a construction accident claim.
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Getting full compensation after a construction accident requires knowing how to navigate the process. The first step is always seeking professional medical care. You cannot bring a workers’ comp claim or a personal injury claim without medical records. Injured construction workers should always file for no-fault workers’ comp. From there, additional financial compensation may be available through a fault-based negligence claim, such as a third party liability claim.
A third party liability claim is a fault-based claim against a party other than the construction worker’s own employer. It could be a contractor, a subcontractor, a property owner, or some other party. It should be emphasized that third party liability claims are based on fault. You must prove negligence in order to establish liability and recover damages. For this reason, it is imperative that you consult with a Fort Lauderdale construction accident lawyer as soon as possible.
The Occupational Safety and Health Administration (OSHA) labels construction as a “high hazard industry.” Companies in the construction industry that are regulated by OSHA are required to comply with certain workplace safety regulations. A construction worker has the right to report a workplace safety violation without the fear of facing any retribution from his or her employer. OSHA rights as a construction worker also include:
Were you injured in a construction site accident in Fort Lauderdale or elsewhere in South Florida? It is crucial that you know what to do to protect your health, safety, well-being, and the ability to bring a legal claim. Here are four key steps to take if you were involved in a construction accident:
Through a workers’ compensation claim, an injured construction worker can seek financial support for medical coverage and wage replacement (temporary disability benefits). In Florida, workers’ comp temporary disability benefits are paid at two-thirds of a claimant’s pre-injury average weekly earnings, up to a state-mandated maximum benefit.
Through a third party liability claim, non-worker personal injury claim, or product liability claim, additional financial damages may be available. In a fault-based construction accident claim, a Fort Lauderale construction accident lawyer can help you seek compensation for medical bills, lost wages, loss of future earning power, pain and suffering, and long-term disability or disfigurement.
You still have the right to seek damages even if you were partially at fault for your own construction site accident. To start, injured construction workers in Florida can get workers’ comp benefits regardless of fault. Indeed, they can still obtain workers’ comp even if they were partially at fault for their own injuries.
For fault-based construction accident claims, Florida uses a comparative negligence system of liability. In effect, this means that a construction worker (or non-worker) can recover compensation even if they are partially at fault for their own injuries. However, their compensation will be reduced proportionately to their level of fault.
Following an accident at a construction site, it is normal to be confused, stressed, and even overwhelmed. Injured victims need the proper medical care. At Bernheim Kelley Battista, LLC, we help injured construction workers and other people navigate the complexities of the legal claims process. Our mission is to maximize your financial support. Among other things, our Fort Lauderdale construction accident attorney is prepared to:
At Bernheim Kelley Battista, LLC, our Fort Lauderdale personal injury lawyers have the skills and legal expertise to handle the full range of construction accident injury claims. If you or your loved one was hurt in a construction site accident, we are here to help. Contact us today to set up your free, no obligation case evaluation. We handle construction accident injury claims in Fort Lauderdale, Broward County, and throughout Southeastern Florida.
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