Legal Landscape of Miami Area Construction Accidents
Miami area construction accidents pose a significant threat to their victims. Because of its physical nature, construction workers are constantly in danger of being hurt in an accident. And because of the nature of the work they do, those accidents can happen anywhere. For example, there are accidents where equipment is not set up correctly by coworkers or supervisors; there are accidents that happen when power tools, scaffolding, ladders, or other equipment malfunction; and there are accidents that happen for a whole host of reasons besides these.
So what can a construction worker from the Miami area do if they are injured on the job? Well there are several avenues of recovery that an injured construction worker can rely on – depending on the injury. Below is a short overview of the most common ways for an injured worker to be compensated.
Workers’ compensation replaced the traditional mode of recovery for injured workers in Florida by statute. In most injury cases the construction worker will not necessarily be able to sue his employer and recover for his injuries, even if the employer acted negligently. Under Florida law, each employer is required to carry workers’ compensation insurance. That insurance is how on-the-job accidents are paid for. There is an online service where workers can check and make sure their employers are paying for that insurance. The insurance is supposed to pay the injured worker for medical costs, lost wages, and impairment benefits that accrue due to the injury.
Products liability is another avenue of recovery from which a worker may be able to recover. When products fail for whatever reason and cause injury to the user, several people or organizations may be liable for the injuries caused. For example, the manufacturer of the product, the distributor, wholesale company, and retail company may all face liability for a defective product. Workers’ compensation is not designed to affect or replace product liability claims.
As every Miami area construction worker knows, construction workers use many dangerous tools, which, if defective, can cause serious harm. There are power tools, ladders, scaffolding, chemicals, and others that all pose a risk if they are defective. Successfully pursuing a products liability case requires professional skill with detailed knowledge of the technical aspects of the defective product.
Wrongful death lawsuits are always tragic, but necessary to hold the responsible party liable and to ensure the survivors do not suffer additional consequences of the wrongful death. Because workers’ compensation is involved in any worksite accident, the issues involved in a wrongful death suit are highly complex. Under Florida law there are caps on how much workers’ compensation will pay for a wrongful death on the job, but a suit can be leveled against the employer in certain circumstances to pay for all the damages that result. For example, if the worker was working in highly dangerous and unsafe conditions, the worker’s family may be able to file a wrongful death case.
Miami area construction accidents can be very complex, and involve people an injured worker may not suspect. That is why it is so important to have an attorney on your side. The attorneys at Alan Goldfarb P.A. have the experience and professionalism that each construction accident victim deserves.