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.

Conclusion

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.

Construction Accidents

Electricians, carpenters, equipment operators, concrete experts, and construction specialist jobs are available in south Florida. These demanding jobs are often passed over by the young people that might be best suited for the job. Young people may also be less susceptible to some work-related injuries that may occur on construction sites, although many accidents can be difficult to avoid no matter the worker’s age or fitness level. The Occupational Safety and Health Administration is tasked with the responsibility of creating and enforcing rules in this industry, setting the requirements for training, supervision and safety protocols. Even when every rule is followed, accidents still happen.

Equipment Failures

Equipment failures are among the more concerning of construction accidents because they cannot be controlled by human operation. Given the sheer size, weight, and force of a piece of construction equipment, the slightest slip could be deadly. A scaffolding may collapse, injuring not only those that were standing on it but innocent workers and passersby below. Power tools may not work correctly. Machinery and cranes may malfunction or tip over. Any one of these incidents may cause serious injury to those around the workers and the workers themselves.

Falls and Traffic Accidents

Falls are also common construction accidents that are difficult to prevent that can lead to serious injury or death. Failing to pick up equipment or tools, miscommunication, or even strong winds may cause a worker to trip or fall. Add construction employees working near busy roadways in addition to the already present dangers of a construction site and the danger to the worker is multiplied. There is a reason why Florida patrols will double a fine for speeding in a construction zone to keep worker safety a priority.

Florida Construction Accident Lawyers

If you or anyone you know has been injured or killed in a construction-related accident, you and your family may be entitled to compensation. In cases involving serious injury, you may be entitled to receive compensation for your medical expenses and pain and suffering. If the worker died, remaining family may be entitled to recover in a wrongful death action, granting them compensation for the loss of financial and familial support, in addition to funeral expenses. Regardless of the nature of the injury, our experienced construction accident lawyers at Alan Goldfarb, P.A. have the expertise necessary to effectively evaluate, litigate, and reach a resolution for you and your loved ones. Contact our Miami, Florida office toll free at 866-936-9761 to learn more about your legal rights.