The Law Offices of Anidjar & Levine handles construction site accidents in Florida, and we are dedicated to helping victims recover compensation for their losses.
Our Fort Lauderdale construction site accident lawyer can help you file a workers’ compensation claim if you were hurt on the job. If you were a pedestrian or a victim of third-party negligence, we can file a lawsuit on your behalf to seek fair compensation.
What is Covered Under Workers’ Compensation?
Under Florida law, victims of construction site accidents are entitled to several forms of compensation, including lost income. Most benefits depend upon the nature and extent of the injury and whether they result in a partial or total loss of function.
Workers who are only temporarily disabled are entitled to temporary total, temporary partial, or a combination of the two disability payments for the duration of their disability, not to exceed a maximum of 104 weeks. If you suffered a permanent impairment, other benefits may apply.
Temporary Total Disability Benefits
Temporary total disability benefits will pay two-thirds of your weekly wages for 104 weeks after your injury or until your doctor determines you can return to work. After the 104 weeks, if you have met your maximum medical recovery and still suffer from total disability, you can continue to receive wage benefits for 260 weeks after the work-related injury.
Your maximum medical recovery is the point at which your injury or impairment will not improve with further medical treatment.
It is important to note that the Florida Division of Workers’ Compensation sets a cap on how much you can receive for temporary total disability, and it updates this cap every year. When it comes to severe injuries, you may even be able to receive 80% of your wages for six months, and the cap will not apply.
Temporary Partial Disability Benefits
When you have not reached your maximum medical recovery but your doctor finds that you can perform some of your work duties, you can return to work and still earn temporary partial disability benefits. These benefits come into play when your limitations on the job cause you to earn less income.
They pay for 80% of the difference in your current income and 80% of the income you received before the injury.
Permanent Impairment Benefits
When you reach your maximum medical recovery or six weeks before your temporary total benefits expire, you may still have an impairment or medical condition that affects your return to work.
If you can return to work and perform some of the duties you once did, your doctor will assign an impairment rating, which dictates how long your impairment will last.
Depending on your rating, you may be able to receive 75% of your permanent total disability benefits, but the same cap applies. If your impairment does not cause a significant reduction in your income, you may receive fewer benefits.
Permanent Total Disability Benefits
If an accident leaves a worker permanently and totally disabled, they can receive bi-weekly benefit checks amounting to approximately 67% of their average weekly wage.
You can continue to receive these benefits until you are 75 years old or for life if you do not qualify for Social Security benefits.
Other Benefits Offered Under Workers’ Compensation
Wage benefits are not the only form of compensation you may receive after experiencing an injury due to a workplace accident. You may also qualify for medical benefits, vocational rehabilitation, and death benefits if you lost a loved one due to a work-related injury.
Workers’ compensation will pay for your medical expenses related to any treatment your doctor prescribes. You are also entitled to transportation costs to and from your doctor’s appointments.
Workers’ compensation will also pay for any vocational training you require upon returning to work. They will pay these educational expenses for 26 or 52 weeks, depending on your injuries.
Spouses and dependents can receive death benefits if they lost a loved one due to a work-related injury. They can generally receive two-thirds of the deceased’s weekly wages, up to $150,000. They can also recover $7,500 for funeral and burial expenses.
Accidents That Can Occur on a Fort Lauderdale Construction Site
Construction sites present a minefield of dangers for anyone who enters. Workers and visitors must be careful where they tread, for one false step could land them in an unfinished ditch or between broken planks.
Workers often find themselves under collapsing scaffolds, unbalanced ladders, or falling debris. Unsecured beams, shards of glass, and loose nails are just some of the hazards found in construction sites. Electrocutions, explosions, and accidents involving heavy machinery are also common. According to the Bureau of Labor Statistics, construction site accidents account for more fatal work injuries than any other industry.
Construction site accidents can include:
- Gas explosions or fires
- Structural collapses
- Logging accidents
- Compressor accidents
- Construction site falls
- Punch press malfunctions
- Equipment malfunctions
- Unstable ladders
- Exposure to toxic or hazardous chemicals
These accidents can result in severe or life-threatening injuries.
Proving Negligence for a Work-Related Accident
Depending on whether you are filing a workers’ compensation claim or a third-party lawsuit, your ability to recover compensation may depend on proving that negligence played a role in your workplace accident. You can receive workers’ compensation even if your employer or manager was not negligent.
However, if you are suing a third party, such as a subcontractor or equipment manufacturer, you will have to prove them negligent to hold them liable for your injuries and losses.
How Negligence Can Occur
If a subcontractor failed to follow state and federal safety regulations and caused or contributed to your accident, they would be liable for your losses. Similarly, if you were injured due to a defective piece of construction equipment, such as a power tool, a manufacturer may be liable.
You can seek a court-awarded offer through a lawsuit if the liable party does not carry the insurance coverage to fairly compensate you.
Our Lawyers Can File Your Workers’ Compensation Claim or Lawsuit
Whether you are filing a lawsuit or a workers’ compensation claim, we can handle your case from beginning to end. We can investigate your accident, gather evidence of negligence, and assess your losses to determine what fair compensation would look like.
We can also file an appeal if you received a denial of workers’ compensation benefits. The process of filing a claim or appealing a denial can be complicated, but our construction site accident lawyers serving Fort Lauderdale guide you through the process so you can focus on healing and spending time with your family.
Deadlines May Apply to Your Claim or Lawsuit
Regardless of how you seek compensation, deadlines will apply. As soon as you are injured, you should inform your employer and begin filing your workers’ compensation claim to avoid any denial of benefits.
Similarly, if you are filing a personal injury or wrongful death lawsuit, you have a limited time to do so, per Florida’s statute of limitations. These deadlines may have some exceptions, but it is important to get started on your case right away. If you fail to file within the allotted time, you risk losing your right to seek compensation from a negligent third party that caused your injuries.
Work with the Law Offices of Anidjar & Levine
If you were injured in a construction site accident in Broward County, the attorneys of the Law Offices of Anidjar & Levine can help. We have helped numerous victims get back on their feet after suffering serious injuries in construction site accidents. For a free consultation, call us at (954) 525-0050 or contact us online.