Construction site workers work in difficult and often dangerous environments so they can pay their bills and put food on the table for their families. Unfortunately, many are injured while on the job for a variety of reasons. The physical, emotional, and financial instability can be overwhelming. Construction site accidents can be catastrophic, especially when they are caused by a failure to adhere to Occupational Safety and Health Administration (OSHA) regulations.
If you or a loved one has been injured at work on a construction site, our team of Florida workers’ compensation attorneys at Berlin Law Firm is here to help secure the full workers’ compensation benefits you are likely entitled to; so you can focus on your recovery.
Contact us today for a free consultation; we’ll be happy to answer your questions, address your concerns and assess your case.
Your rights as a worker in the state of Florida
Workers’ compensation was created to streamline the process when employees are hurt. In exchange for benefits, a worker agrees not to sue the employer. In fact, you are eligible to receive workers’ compensation benefits even if you caused the accident. You are also protected under Florida law against your employer firing or demoting you in retaliation for filing a claim.
Benefits Available Under Workers’ Compensation
If you were injured on a construction site, it is important to understand what you can expect regarding your benefits under worker’s compensation. In Florida, there are three primary types of benefits a construction site accident work injury lawyer can help you recover.
The three types of benefits you can receive include the following:
- Lost wages. Depending on the severity and permanence of your injuries, you may qualify for wage replacement benefits, Temporary Total Disability, Temporary Partial Disability, Permanent Total Disability, or Permanent Partial Disability. An experienced workers’ compensation attorney can help determine which financial recovery you can expect for your lost wages.
- Medical costs. Your medical bills, including emergency room visits, hospital stays, surgeries or procedures, doctor’s appointments, assistive devices, and prescription drugs, should be fully covered or reimbursed. However, it is essential to note that you must be seen by a doctor authorized under the worker’s compensation insurance plan for those costs to be covered.
- Additional benefits. This includes death benefits, including funeral expenses and other financial compensation for surviving family members. Another possible benefit is vocational rehabilitation. The injuries you have sustained may significantly alter your physical or mental capabilities, and Florida offers reemployment services to help maximize your employment options.
Seek an Experienced Workers’ Compensation Attorney
Work accident causes run the gamut from falls to being crushed by machinery. If you have been injured in a crane accident, for example, you might feel that your financial security will be undermined due to your inability to work. Further, insurance companies are large businesses solely focused on the bottom line and often undervalue or even outright deny your valid claim.
We recommend that you consult with one of our experienced lawyers as soon as possible. We can explain your legal rights, provide an approximate financial value of your claim, ensure that you do not miss any legal deadlines, and submit all the pertinent medical and work-related documents.
Contact us at Berlin Law Firm for a free consultation
If you’ve been seriously injured at a construction site, our hardworking and experienced team understands the gravity of your situation. We know how difficult it can be when medical expenses and other bills pile up, and you’re unable to work to support your family because of your injuries. Contact us today to request your free case evaluation about your workers’ compensation claim. We work on a contingency basis, so there are no upfront legal fees.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
Common Causes of Construction Site Accidents
Construction sites are inherently dangerous. However, every accident can often be traced back to preventable hazards. Work accident causes at construction site accidents can vary; here are some of the most common:
Falls From Heights
Falls from scaffolding or ladders are among the leading causes of injuries in construction. According to the Bureau of Labor Statistics (BLS), in 2021, nearly 1 in 5 workplace fatalities occurred in the construction industry, with over one-third of those deaths caused by falls, slips, and trips—a 5.9% increase from the previous year.
Employers are legally required to provide fall protection at construction sites under Occupational Safety and Health Administration regulations (OSHA). It mandates the use of safety equipment such as harnesses, guardrails, and safety nets in situations where workers are at risk of falling from heights of six feet or more in construction.
Scaffolding Accidents
Scaffolding is a critical component of many construction projects, but it becomes dangerous when improperly designed, maintained, or used. OSHA’s Scaffolding Standards (29 CFR 1926.451 sets comprehensive requirements for the design, construction, and use of scaffolding to ensure worker safety.
These regulations include provisions for proper installation, load limits, fall protection, and regular inspections. Employers must comply with these standards to minimize the risk of scaffolding-related accidents and injuries. Failure to meet OSHA’s requirements can result in penalties and increased liability in the event of an incident.
Falling Objects
Falling objects pose a significant hazard at construction sites, causing serious injuries or fatalities to workers below. Tools, materials, or debris can fall from heights due to improper securing or handling.
OSHA regulates safety for falling object hazards under 29 CFR 1926.451 (Scaffolding) and 29 CFR 1926.501 (Fall Protection), requiring measures such as toeboards, screens, guardrails, and personal protective equipment like hard hats. Employers must also implement worksite procedures to secure tools and materials, ensuring compliance to protect workers from these risks.
Types of Injuries Sustained
Often, construction site accidents have life-changing consequences, requiring extensive medical treatment and leaving workers unable to provide for their families:
- Traumatic Brain Injuries. Traumatic brain injuries (TBIs) are a serious risk at construction sites, often caused by falls, falling objects, or collisions with heavy machinery. Without proper safety measures like helmets, guardrails, and secured equipment, workers are highly vulnerable to life-altering brain injuries that can lead to long-term physical and cognitive impairments.
- Spinal Cord Injuries. These injuries can range from herniated discs to complete spinal cord severance, a total loss of motor and sensory function below the injury site, leading to partial or total paralysis. Spinal cord injuries at construction sites often result from falls, heavy lifting, or being struck by machinery.
- Burn Injuries. The severity of burns can range from minor first-degree burns to life-threatening third-degree burns that damage muscles, nerves, and even bones. Whether from electrical hazards, chemical exposure, or fire, burns are a serious risk on construction sites.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
Legal Rights of Injured Construction Workers
In Florida, injured construction workers are entitled to workers’ compensation benefits regardless of who was at fault for the accident. State law also protects workers from employer retaliation.
Under Florida Statutes §440.205, employees who face retaliation for filing a workers’ compensation claim may pursue a separate retaliation claim against their employer. It prohibits employers from discharging or discriminating against employees for seeking workers’ compensation benefits.
Challenges and Denials for Workers’ Compensation
Construction workers injured on the job have a right to workers’ compensation benefits. However, the system is often fraught with obstacles that delay or deny legitimate claims.
Common challenges workers may face when seeking benefits:
- Pre-existing Conditions: Claims may be denied if the employer or insurer asserts that the injury was caused by a pre-existing condition rather than a workplace accident.
- Work-Related Injury Disputes. Employers or insurers may attempt to argue that the injury wasn’t work-related, claiming it happened offsite or during non-work activities.
- Failure to Follow Safety Protocols: Employers or insurers might deny claims by asserting that the worker did not adhere to safety regulations, such as wearing required protective gear. Florida Workers’ Compensation, however, is a no-fault system, so even if you caused the accident, you can most likely recover benefits.
- Lack of Evidence: Insufficient documentation, such as medical records or witness statements, can lead to disputes about the severity of the injury or whether it occurred at work.
- Independent Contractor Status: Construction workers classified as independent contractors rather than employees may be excluded from workers’ compensation coverage, even if the classification is contested.
These disputes are often deliberate tactics. Employers and insurers frequently prioritize cost savings over worker welfare, using any opportunity to avoid paying benefits.
If your workers’ comp claim is being questioned, denied or minimized, consult a work injury lawyer at Berlin Law Firm. We can anticipate these challenges and proactively build a case to counter disputes, ensuring you have the best chance at securing the benefits you deserve.
Discuss Your Work Injury Claim for Free
Learn the types of compensation you may be eligible for and have your questions answered. Call today.
