Fort Lauderdale Construction Accident Attorney Helping Injured Workers Secure Just Compensation
While all workers face certain risks, construction workers are by far the most likely to get injured on the job. Federal statistics confirm that working in construction is America’s most-dangerous occupation, and each year approximately one in 10 construction workers suffers a job-related injury. If you or a loved one has been injured while working in Florida, it is important that you speak with a Fort Lauderdale construction accident attorney about your legal rights.
Are You Entitled to Financial Compensation for Your Construction Site Accident?
In Florida, there are two main ways that injured construction workers and their families can seek just compensation for serious and fatal jobsite injuries. The first option is to file a claim for workers’ compensation benefits. Many construction workers in Florida are eligible for workers’ compensation benefits; and, if you are eligible to file a claim, then you can seek “no fault” benefits for your injury or your loved one’s death.
The second option is to file a personal injury or wrongful death claim. Unlike workers’ compensation, these are not “no fault” claims. However, also unlike workers’ compensation, these claims afford the opportunity to secure full compensation for your accident-related losses. In addition to the medical, disability and death benefits that are available through workers’ compensation, this includes the recovery of compensation for lost future earnings, pain and suffering, emotional trauma, and other financial and non-financial losses.
Some examples of issues that can lead to serious and fatal injuries on Florida construction sites include:
- Contractor and subcontractor negligence
- Dangerous ladders and scaffolding
- Faulty wiring
- Lack of necessary safety equipment
- Negligent operation of trucks, cranes or forklifts
- Slips, trips and falls from height
- Unsafe tools or heavy machinery
In addition to negligence-based claims against property owners, contractors and subcontractors, in some cases injured construction workers and their loved ones may be able to sue product manufacturers as well. If a defective building material, tool, vehicle or piece of machinery causes an accident, then the manufacturer is liable regardless of whether it was negligent in selling a defective product.
Do You Need to Hire a Fort Lauderdale Construction Accident Attorney?
If you are thinking about seeking financial compensation for a construction accident, you may be wondering if you need to hire an attorney. The answer is, “Yes,” and there are several reasons why.
For example, as we mentioned above, there are a number of different ways that injured construction workers and families who have lost loved ones can seek compensation for their losses. Filing a workers’ compensation claim is not your only option; and, even if you have a workers’ compensation claim, filing for benefits will not provide full coverage for your losses. An experienced attorney will be able to conduct a thorough investigation in order to determine what type(s) of claim(s) you should file, and your attorney will be able to fight for maximum compensation on your behalf.
Additionally, whether you have a workers’ compensation claim, a product defect claim or a fault-based claim for damages, there are mistakes you need to avoid. From seeing the wrong doctor to waiting too long to assert your legal rights, if you make mistakes, you could jeopardize your recovery. By hiring an experienced Fort Lauderdale construction accident attorney, you can avoid these mistakes and feel confident that you are doing everything necessary in order to secure just compensation.
How to Choose Your Construction Accident Law Firm
If you spend any time listening to the radio or TV during the day, you will undoubtedly hear commercials advertising Fort Lauderdale workers compensation attorneys. Most of the law firms advertising on the radio and TV are large offices where your claim is going to get handed off to a junior attorney. The experience advertised on the radio and TV may be for the main attorney in that office, but it most likely won’t be for the attorney that ends up handling your claim.
Here are some questions to ask any workers compensation lawyer you are considering hiring for your accident claim:
- Who is going to be handling my file on a day to day basis? Is it the experienced attorney, or is it going to be handed off to a new attorney? Or worse, is it going to be handled by a paralegal?
- Who is going to speak with me when I have questions about my claim? Again – most large firms are going to hand you off to a junior attorney or paralegal. The last time you may speak to the experienced attorney is the day you signed up to be represented by that firm.
- Who will be going to court to argue on my behalf?
- Who will work on my file to obtain a workers compensation settlement?
If the answer to all these questions is not the most experienced Fort Lauderdale construction accident attorney in that office, you may want to reconsider who you are hiring. You can’t afford not to.
What Should You Do…
…If You Were Injured on a Construction Site in Florida?
If you are a construction worker and you were injured in Fort Lauderdale workplace accident, you should report the accident to your employer promptly. If you are eligible for workers’ compensation, you will need to see an approved doctor in order to protect your claim for benefits—if you don’t, your medical expenses and lost wages might not be covered.
You should also speak with a Fort Lauderdale construction accident lawyer as soon as possible. Regardless of what type of claim you have, hiring an experienced attorney is the best way to ensure that you receive maximum compensation for your injury-related losses.
…If You Lost Your Spouse or Other Family Member in a Construction Accident?
If you lost your spouse or another family member in a construction site accident in Fort Lauderdale, we offer our sincere condolences, and we encourage you to schedule a free initial consultation with attorney Joseph Maus right away. Unfortunately, recovering just compensation for your loved one’s death will not be easy, and you will need experienced legal representation in order to secure the compensation you and your family deserve.
With decades of experience handling serious and fatal accident cases, Mr. Maus is a trusted advocate for families throughout Fort Lauderdale. He and his attorney team will work with you one-on-one to recover financial compensation, and he will rely on his extensive experience to make sure you and your family are fully compensated.
How Much is an Injured Worker Entitled to Recover in Florida?
Determining how much you are entitled to recover requires a thorough assessment of all of the unique aspects of your case. The amount you will be able to recover also depends very heavily on whether you are limited to seeking workers’ compensation from your (or your loved one’s) employer. When you choose The Maus Law Firm, construction accident lawyer, Joseph Maus, will critically examine all aspects of your case, and he will closely with you to ensure that he is seeking just compensation for all of your financial and non-financial losses. Depending on the circumstances involved, his may include:
- Medical expenses for treatment of your injury (or treatment of your loved one’s injury prior to death)
- Other out-of-pocket expenses
- Loss of income and loss of future earnings
- Pain, suffering, and emotional distress
- Loss of companionship and consortium
- Loss of society, services and support
- Loss of enjoyment of life
Safety Tips for Minimizing Construction Site Accidents
- Workers should be provided with the best protective gear available. If you don’t think the safety helmet or gloves provided by your employer offer enough protection, consider filing a complaint with OSHA and use part of your next paycheck to buy the best gear you can afford;
- Never start working on scaffolding without first checking its stability. Always look to see if adequate props and struts are attached to the scaffolding;
- Ask about your designated emergency location. All construction site managers are supposed to inform their workers where they should go if an emergency starts to unfold;
- Beware of other employees drinking alcohol or using drugs at a site. Reaction times and an individuals ability to perceive common dangers is seriously diminished by drugs and/or alcohol.
- Avoid working a double shift. Fatigue can set in too quickly when someone performs physical labor for too many hours in a row. Falls become much more common when workers are tired;
- Only accept assignments after being properly trained. When someone else fails to show up to work one day, you shouldn’t have to risk your life by taking over a complicated task without first receiving adequate training;
Remember to report all accidents to the company’s workers compensation insurance company. All accidents are required to be reported within thirty (30) days of the accident occurring. If you are injured at a construction site, also demand the employer provide a doctor to evaluate your injury immediately after the accident occurring.
FAQs: Seeking Just Compensation After a Construction Accident in Fort Lauderdale
Can I File for Workers’ Compensation if I Was Injured in a Construction Accident?
Yes. Florida has special workers’ compensation laws for construction companies, and almost all construction companies are required to carry workers’ compensation insurance. If you work in construction and were injured on the job in Fort Lauderdale, there is a very good chance that you are entitled to benefits.
Does Workers’ Comp Cover All Types of Construction Accidents?
Yes, workers’ compensation covers all types of construction accidents in Florida. This includes everything from slips and falls to vehicle collisions when driving between job sites. No matter what happened, if you work in construction and are struggling to cope with the effects of a job-related accident, you should speak with a Fort Lauderdale construction accident attorney right away.
Importantly, you may also be entitled to payment outside of workers’ comp. Slips and falls, vehicle collisions, and other accidents frequently involve negligence on the part of third parties. If a person or company other than your employer is to blame for what happened, a Fort Lauderdale construction accident attorney may be able to help you seek additional compensation.
What if I Accidentally Injured Myself on a Construction Site?
Even if you accidentally injured yourself on a construction site, you can still file for workers’ compensation benefits. Workers’ compensation is a “no-fault” system in Florida. This means that you do not need to prove someone else was at fault to collect benefits for your injury.
There are two major exceptions to this rule, but they do not apply in most cases: If you accidentally injured yourself because you were intoxicated or engaging in horseplay, your employer could use this to deny your claim for benefits.
What if My Supervisor Says I Can’t File for Workers’ Comp?
If your supervisor says you can’t file for workers’ comp, you should still discuss your legal rights with a construction accident attorney. There are two very important reasons why:
- Your supervisor might be wrong. Your supervisor might not have a clear understanding of Florida’s workers’ compensation laws, or your supervisor might be trying to protect the company.
- You may have other options for recovering compensation. If your employer does not have workers’ comp coverage, you may have other options for recovering financial compensation.
What if My Workers’ Compensation Benefits Aren’t Enough?
While workers’ compensation provides some coverage for the costs of work-related injuries, it does not provide full coverage for employees’ injury-related losses. If your workers’ compensation benefits aren’t enough, you will want to talk to an attorney about the other options you may have available.
Discuss Your Legal Rights with a Fort Lauderdale Construction Accident Attorney for Free
To learn more about your legal rights after a construction site accident in Fort Lauderdale, schedule a free initial consultation at the Maus Law Firm. You can reach us 24/7 and you pay nothing unless we win, so call 855-999-5297 or tell us about your case online now.