Did you recently suffer injuries in a Florida construction accident? While you are most likely entitled to workers’ compensation benefits, you may qualify to file a claim against a third party to recover additional compensation.
A construction accident lawyer in Florida can help. The team at the Law Offices of Anidjar & Levine offers legal services for workers who have suffered a personal injury due to a construction accident. For a free consultation, give us a call today at 1-800-747-3733.
Filing a Workers’ Compensation Claim
All construction companies in Florida with at least one employee must have workers’ compensation insurance. If you suffered an injury on the job, you will likely be eligible for workers’ compensation benefits.
Workers’ compensation benefits include:
- All “necessary medical care, treatment and prescriptions related to your injury”
- Two-thirds of your average weekly wage (you will likely not receive compensation for the first seven days of your injury)
- Disability benefits
- Death benefits
While many workers’ compensation claims are straightforward, and you receive the medical care and wage loss benefits you need, in other cases, your employer will deny your claim, alleging:
- Your injury resulted from horseplay;
- Your injury occurred because you were intoxicated;
- You purposefully injured yourself;
- Your injury occurred while you were engaging in illegal activity;
- Your injury did not occur at work.
A workers’ compensation lawyer can help you navigate the process of recovering workers’ compensation benefits and appeal a denial if necessary.
Drawback of Workers’ Compensation
While workers’ compensation can be a lifesaver for injured workers and their families, it has a couple drawbacks:
- It does not cover all of the damages you suffer due to a work injury
- Workers’ compensation laws prohibit you from suing your employer, even if your employer is 100 percent responsible for your injury.
However, if a third party caused or contributed to your accident, you may be able to file a claim against that party to recover damages above and beyond your medical care and a portion of your lost wages.
Injured While on the Job: Do You Have a Case?
When you schedule a consultation with an Anidjar & Levine attorney, we sit down with you and listen to your story. Depending on the circumstances, you may be able to file against a third party, such as:
- Another contractor onsite: While you cannot sue your employer, if another party onsite caused the accident to occur, you can file against that party.
- A manufacturer: If you suffered injuries due to a defective product (e.g., a defective power tool, defective scaffolding, etc.), you may be entitled to compensation from the manufacturer.
- The building’s designer or engineer: If a designer or engineer acted negligently and caused your injury to occur, you may be able to hold them accountable for your injuries.
- The property owner: If the property owner knew or should have known of the hazard (and failed to remedy it or warn you of it) that caused your injury, you can file a premises liability claim against the owner.
Recoverable Damages in a Third-Party Claim
If you are successful in your third-party claim, you may be able to recover any of the following:
- Lost wages workers’ compensation does not cover
- Lost earning capacity workers’ compensation does not cover
- Loss of services
- Miscellaneous expenses
- Pain and suffering
- Lost quality of life
- Mental anguish
Hiring a Construction Accident Lawyer to Represent Your Case
While it is possible to file a claim and recover compensation for your injuries on your own, it can be very difficult.
To be successful in your claim, you may need to do all the following:
- Investigate your accident;
- Identify what parties might be liable;
- Determine the type of claim you must file to recover compensation;
- Research which laws apply in your situation;
- Gather evidence;
- Use that evidence to build a strong case;
- Manage all communication with the insurer (without accidentally saying something to jeopardize your case);
- Negotiate with the insurer to recover the settlement you deserve;
- File a lawsuit in court if the insurer refuses to offer you a fair settlement.
And you must do all this while attempting to recover from your injuries and get your life back on track. Our team can handle every step from start to finish and allow you to focus on recovering from your injuries.
To find out more, schedule a case evaluation today: 1-800-747-3733.
Legal Representation for Your Construction Accident
If you recently suffered injuries in a construction accident, an Anidjar & Levine injury attorney may be able to help you file a workers’ compensation claim or hold a third party accountable for any losses.
Get a free, no-obligation consultation from a construction accident attorney in Florida who can answer your questions. And we know you likely cannot handle any further expenses at this time, so we handle all cases on a contingency fee basis. This means you do not pay us a dime in attorney’s fees unless we win your case.
To schedule your free case evaluation, give us a call at 1-800-747-3733.