If you or a loved one was involved in a work accident on a Palm Bay construction site, you may be facing severe injuries and weeks or even months off work. You are likely entitled to workers’ compensation benefits; however, you may also be able to recover compensation through a third-party claim.
Recovering Compensation for Construction-Related Injuries
All Florida employers must carry workers’ compensation insurance. Workers’ compensation should cover your injuries regardless of fault, unless:
- You were intoxicated or roughhousing when you suffered your injury
- You purposefully injured yourself
- You injured yourself while committing a crime
- Your injury did not occur at work
Workers’ compensation covers your necessary medical bills and a portion of your lost wages. This can leave you with thousands in out-of-pocket costs. Depending on how the accident occurred, you may have another option.
Third-Party Injury Claim
You may be able to file a third-party injury claim if someone other than your employer caused the accident. A third-party personal injury claim may include the following liable parties:
- Property owners
- Equipment operators
- Equipment manufacturers
Understanding Liability in Construction Injury Claims
It is essential to establish who is at fault for the injuries suffered. Several people could be at fault for your injuries:
- Other Contractors Onsite: Failing to follow safety regulations or to provide sufficient training for workers can lead to injury.
- Equipment Manufacturers: Injuries can also occur from mechanical equipment that is defective or improperly repaired.
- Site Leader/Site Owner: The site leader or owner is responsible for creating a safe environment for all contractors. Failing to do this could lead to severe injuries.
Understanding Third-Party Injury Claims
There are two different types of claims you may be eligible to file:
- Personal injury claims: A personal injury lawsuit requires that duty of care was present and that a negligent activity led to the injuries sustained. If your loved one died in the accident, we can file a wrongful death claim.
- Product liability claim: We can bring a product liability claim against a manufacturer for product malfunctions including improperly labeled items or design defects.
Requirements for Establishing Fault
Workers’ compensation claims generally do not require as much proof. If an employee suffers injury on the job and notifies the employer within the specified time limit, chances are, the insurer will cover the costs. When establishing a third-party was at fault, the process is more complex.
We must prove:
- Duty of care: The at-fault party must have owed you a duty of care (e.g., contractors must keep other workers onsite safe from undue harm, site owners must keep their property safe from hazards, manufacturers must release safe products).
- Breach of duty: The at-fault party must have breached that duty (e.g., another contractor onsite failed to provide their workers with tool lanyards, a wrench hit you on the head).
- Causation: Your injury must have stemmed from the negligence (e.g., you suffered a traumatic brain injury after the worker dropped the wrench on your head).
- Damages: You suffered physical, emotional, or financial harm.
How the Anidjar & Levine Team Can Help with Your Construction Accident Case in Palm Bay, FL
We Offer a Free Consultation to Learn More About Your Case
For our construction accident lawyers to best assist you, it is important that we get to know the specific details of your case. Many details can affect the legal steps we take including the type of injuries sustained and who is at fault. The confidential and complimentary consultation gives us the chance to evaluate the details of your injuries.
Assist You in Filing Your Workers’ Compensation Claim
While a workers’ compensation claim should be straightforward, they rarely are. We can help you file your claim, ensuring everything is correct and complete.
Determine Whether Any Other Parties Might Be Liable
We will also assist you in determining liability and in filing a claim against a responsible third party. It is important that we begin this process as soon as possible. Construction sites are constantly changing, and if you wait too long, you risk losing evidence necessary to prove liability. We will assist you in determining liability by collecting the necessary documents:
- Medical records
- Photograph evidence of the construction site
- Witness statements
- Location of job site
- Evidence of employment
Discuss Your Case with a Construction Accident Lawyer in Palm Bay Today
Construction injuries are often severe. When you suffer injuries and cannot work to support yourself and your family, it is only right that you receive the benefits and compensation you need. Working with a personal injury lawyer who is familiar with workers’ compensation laws and third-party claims can help you get the compensation that you deserve.
We Can Help.