Construction sites are among the most dangerous workplaces in South Florida. Those employed in this field work from great heights, dodge moving objects, face the threat of slips, trips and falls, toil down in the trenches and encounter hazardous chemicals, toxic materials and live electricity. But do South Florida construction workers ever have the right to sue after an accident? If you are asking yourself that question, please read on, then contact an experienced Miami construction accident lawyer today.
Do I qualify for compensation after a South Florida construction accident?
The short answer is yes, you may qualify for compensation after sustaining significant injuries in a Sunshine State construction accident. However, as any Miami-Dade County personal injury attorney salt his or her salt will tell you, an injured worker will usually file a third-party liability lawsuit rather than a direct lawsuit against one’s employer. The reason for this has to do with Florida’s workers’ compensation laws, specifically F.S. 440.11, which holds that workers’ compensation is the exclusive remedy of injury claims by an employee against an employer unless certain conditions are met.
Under what conditions can you sue an employer for a South Florida construction accident?
An injured worker may sue an employer if:
- The worker is not actually the company’s employee.
- The employer committed an intentional tort that caused the injury or death of an employee.
- The employer did not secure workers’ compensation insurance, as they were required by law.
Please bear in mind that it is very difficult to prove that an employer on a construction site committed an intentional tort. Most claims stem from the other two exceptions.
Who else can you sue for a construction accident?
Depending on the circumstances, you and your lawyer may also file suit against the following:
- The owner of the property
- Other entities in control of the property
- Product manufacturers
- Government agencies
What kinds of damages are available after a construction accident?
As long as you and your qualified legal representative can prove your case, you may be entitled to the following economic and non-economic damages:
- Medical expenses
- Lost wages
- Out-of-pocket expenses
- Pain and suffering, and
- Loss of enjoyment of life
Remember: You have four years, from the date of the accident, to bring forward a personal injury claim. Wait any longer and you will be forever barred from seeking compensation. The Aigen Law Firm knows you should never wait to obtain what you deserve and need to recover from your injuries, so please give us a call today.
Contact a Miami-Dade County, Florida Personal Injury Lawyer
If you’ve been seriously injured as a result of negligence, contact us at Aigen Law Firm today to schedule your free case evaluation.