Construction Accident Attorney
In Tampa, Florida
If you've been hurt by another's negligence, you could have legal recourse
Construction is an inherently dangerous occupation. Nevertheless, construction workers are entitled to certain protections. Employers have a duty to follow industry protocol and make reasonable efforts to maintain a job site that is safe from unnecessary hazards. Construction workers who become injured while at work have options when it comes to receiving compensation for their injuries.
Types of accident claims for construction injuries
Injured construction workers have a few different potential outlets when it comes to seeking legal recourse if they are injured by someone else’s negligence on a construction site. Employers are required to carry workers’ compensation insurance. Most workers are aware that the workers’ comp process exists for injured workers. Fewer workers are aware they also have the option of filing a personal injury claim in the event of an injury. Therefore, in most cases, injured construction workers do not consult a personal injury lawyer before they file a workers’ comp claim. Tampa personal injury lawyers are available to help workers make the best decisions for their own interests in the event of an accident. Personal injury lawyers help injured construction workers maximize their injury claims.
Workers’ compensation in Tampa construction accidents
The workers’ compensation system was created to provide benefits to workers who are injured on the job. Each state requires all employers to carry workers’ comp insurance to pay injured workers’ claims. Workers’ comp is a no-fault system. Therefore, injured workers may receive benefits without regard to whether they were at fault for the accident that caused the injury. Instead of focusing on fault, workers’ comp is based on whether the injured party was at work when the accident took place. The workers’ comp system requires workers to notify their employer of their injury within 30 days of the accident. If the injury develops over time, the worker must notify the employer within 30 days of discovering the injury.
Injured workers are often pleased with the workers’ comp system because the system does not consider who was at fault for the injury. However, there are cases in which injured workers are frustrated for the same reason. Because workers comp does not consider fault, the system does not offer additional compensation to workers whose injuries are caused by the employer’s negligence. If the employer is at fault for a construction accident, workers should contact a Tampa construction accident lawyer to discuss filing a civil court claim.
Personal injury claims in Tampa construction accidents
Personal injury claims give injured workers the opportunity to receive more compensation to cover the cover their medical expenses, lost wages, and in certain cases, pain and suffering. If the employer’s behavior was especially egregious, a civil court may also order the employer to pay punitive damages, which are intended to penalize the defendant and discourage other employers from behaving similarly. Although punitive damages are not intended to compensate the plaintiff for his or her injuries, courts award the additional damages to the injured party as part of their judgment.
Types of personal injury claims construction workers can file
Florida’s premises liability law applies to employers. Businesses are required to make reasonable efforts to keep the workplace safe for employees. People who work for the business are invited guests in the workplace. As invited guests on the property, workers are owed the highest duty of care when it comes to their safety. To prevail in a premises liability claim, the injured construction worker must prove:
- the employer owed a duty to keep the injured party safe
- the employer breached its duty to keep the premises safe for the injured party
- the employer’s breach of duty caused the injured worker’s accident
- the injured worker sustained an injury that requires monetary compensation
Establishing duty is easier in cases that involve an employer and an injured person who works for the employer. A Tampa personal injury lawyer may interview industry specialists and present documents reflecting industry safety standards to prove the employer breached its duty. The lawyer may present the injured party’s medical records or call upon a medical specialist to testify to prove the injury caused the worker’s injury. Medical records are usually sufficient evidence of the worker’s injury. If the injured party is seeking emotional damages, the lawyer may have the victim’s psychologist provide testimony.
Wrongful death claims in Tampa construction accidents
If a construction accident causes the victim’s death, a representative may file a wrongful death claim on the behalf of the victim’s family and estate. Florida’s wrongful death calls for a personal representative to initiate wrongful death claims. The personal representative is usually named in the individual’s will. If the accident victim does not have a will, the surviving family members usually appoint someone to act as the personal representative. Surviving family members may receive compensation for:
- medical expenses
- funeral expenses
- loss of support and services
- loss of companionship
- loss of parental guidance
A Tampa personal injury lawyer can help the victim’s family navigate the process of identifying the decedent’s personal representative and filing a wrongful death claim. Florida imposes a two-year statute of limitations in wrongful death cases. Therefore, the victim’s family should act quickly by consulting an attorney to learn more about the civil court process for wrongful death cases.
Contacting a Tampa construction accident lawyer
If you or someone you know has been injured in a construction accident, take the first step by immediately reporting the accident to your employer. Then contact a Tampa personal injury lawyer to learn more about all of your legal options. Your construction accident lawyer has the legal training and familiarity with Florida’s workers compensation system and personal injury laws to help you make informed decisions.Contact our personal injury lawyer today to learn more about how we can help you maximize your construction accident claim. We will keep your information confidential.