If an accident on a construction site led to your injuries, a Jacksonville construction accident lawyer from our firm can help you determine who might be held at fault for your injuries. Your Jacksonville personal injury lawyer can also help you assign a value to your claim that meets your financial needs and lets you recover damages from your construction accident.
Construction sites in Jacksonville can be dangerous places for the men and women who work there and for passersby and visitors to the site. The injuries you sustain in a workplace can be catastrophic, disfiguring, or potentially fatal. According to the U.S. Bureau of Labor Statistics (BLS), commonly reported accidents on and around construction sites include:
- Workplace violence
- Construction transportation accidents
- Pedestrian versus vehicle accidents
- Fires and explosions
- Slip, trip, and fall accidents
- Construction equipment failure
Can I Sue My Employer For A Construction Accident?
Typically, no. Florida’s workers’ compensation rules usually grant employers immunity from civil lawsuits brought by employees. Instead, employees receive compensation for medical bills and lost wages without having to prove negligence under the workers’ compensation system. However, there is a downside. Financial recovery can be difficult to get, you may not be offered enough to cover your losses, and many legitimate claims are denied.
In certain circumstances, it may be possible to sue your employer. However, you will need to prove negligence to proceed. Examples of exceptions to workers’ compensation laws that allow employees to file a lawsuit against their employer or another liable party can include:
Intentional Torts And Gross Negligence
Florida Workers’ Compensation Law does not shield an employer from liability if the employee can prove the employer exhibited a deliberate intent to injure or engaged in conduct that was substantially certain to result in injury or death.
If An Employer Fails Or Refuses To Pay For Workers’ Compensation Insurance
Under Florida law, most employers must purchase workers’ compensation insurance if they have four or more employees. However, insurance must be provided for all employees in the construction business, irrespective of the total number of workers.
If an employer fails to purchase workers’ compensation coverage, injured workers could sue the employer for damages.
Other Options For Recovering Compensation After A Construction Accident
If your workers’ compensation benefits are not enough to cover your injuries and losses, you may have other options.
If a Claim for Workers’ Compensation Is Denied ‘in Bad Faith’
A ‘bad faith’ case can happen if an employee has grounds to sue an insurer for failing to handle or evaluate their claim reasonably or if the insurance company treats them unfairly. Examples of bad faith in construction accident cases can include:
- Unreasonable delays in deciding your eligibility for workers’ compensation
- An insurer who fails to investigate your claim thoroughly
- Unreasonably delaying your compensation benefits without good reason
- Unfairly denying your claim without good reason
- Undervaluing the extent of your injuries and other losses to avoid paying an appropriate settlement
Lawsuits Against Negligent Third Parties
Employees can file a lawsuit for workplace accidents caused by negligent third parties in addition to a workers’ compensation claim. For example, if your injuries were caused by defective mechanical equipment on site, you could pursue a product liability lawsuit against the product’s manufacturer.
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Build Your Jacksonville Case By Valuing Your Total Expenses
If the at-fault party’s insurance company offers to settle your construction accident case, they might not have a complete assessment of all your accident-related expenses. Should that happen, you could be left with a settlement amount that is too small to cover your expenses and losses fully.
Insurance companies are known to offer lowball settlements initially. We do not want you to leave money you are entitled to on the table. We can handle filing your claim and fighting for what’s rightfully yours.
What To Do If Your Workers’ Compensation Claim Is Denied
To save money, employees or their insurance carriers may deny a claim arguing injuries are exaggerated or nonexistent. If your claim is denied, you have the right to appeal a decision about your case. Our Jacksonville workplace injury lawyers can help you with the appeal process by building a robust and detailed case.
Recoverable Damages In A Construction Accident Case
With one of our lawyers on your side, you can account for your lost income and other accident-related expenses to include them in your settlement negotiations. Your lawyer can also help you address hard-to-calculate costs, such as future expenses, and intangible expenses, such as pain and suffering. You might be entitled to recoup:
- Current medical bills
- Future medical bills
- Costs for assistive devices
- Costs for medical rehabilitation
- Current income loss
- Loss of earning capacity
- Property damage
- Pain and suffering
- Mental anguish
- Temporary/permanent disability
- Physical disfigurement
This is not an exhaustive list of damages you may be able to recover from a construction accident. We might be able to help you get compensated for other damages. Knowing who to pursue for your injuries can be complicated and not immediately straightforward. We can help you determine which party or parties to pursue and explain your legal options.
You have suffered enough pain and damages through your accident. While you worry about getting better, we take care of all the legal work. We will give you frequent case updates and answer any questions you may have at any time, as you will have your attorney’s phone number.
Injuries From A Construction Accident
Our team can help you recover compensation for all types of injuries, including:
- Electric shock
- Head injuries
- Spinal cord injuries
- Broken bones
- Amputation
- Crush injuries
Make Sure You Seek Medical Attention
After an accident, see a doctor as soon as possible. You will want to have your injuries assessed and treated so you can make your maximum medical recovery. Our attorneys can also your medical bills to prove your losses so that they can go after fair compensation.
The last thing you want is to be left footing the bill for medical care down the road. We can make sure you go after future medical expenses if you have a permanent impairment. Make sure you follow through with your doctor’s appointments and treatment plan, as well. This can also help protect your right to seek compensation.
A Construction Accident Attorney Can Support Your Claim
When you file a compensation claim, you must provide evidence to identify the party who may be responsible for your injuries. You also have to prove the total cost of treating your injuries. Compiling evidence to support your claim can be a complex and time-consuming process. Your lawyer can help by:
- Reviewing medical reports
- Reviewing incident reports
- Identifying and interviewing witnesses
Our personal injury lawyers can help build your case while you concentrate on your own recovery or the recovery of an injured family member. The benefits of hiring a construction accident lawyer from our firm include their ability to:
- Calculate the value of your claim
- Negotiate with insurance companies on your behalf
- Take your case to court if they are unable to achieve a sufficient settlement
- Keep you updated on the progress of your claim
You do not have to fight for compensation on your own after a construction accident leaves you injured and unable to return to work. If you are unsure of which type of lawsuit to file or party to pursue, a law firm representative can look over your case and explain which legal pursuits you can follow.
File Your Injury Lawsuit Before The Deadline Comes
Preparing an insurance claim or lawsuit takes time. Your lawyer might have to identify the at-fault party or parties, collect evidence that proves the cause of your injuries, and assign a monetary value to your claim to prepare your lawsuit for filing. All of these actions take time, and the time you have to file a lawsuit is limited by Florida law.
Florida Statutes § 95.11 generally limits the time you have to file a lawsuit for financial compensation to four years from the date you were injured on the construction site. If you fail to file your lawsuit within four years, you could give up the ability to collect compensation at all via a Jacksonville personal injury lawsuit.
Do not let time run out on your right to pursue the at-fault party for compensation or allow the time it takes for your physical recovery to eat into the time you have to file your claim. Contact the personal injury team at the Law Offices of Anidjar & Levine. We will handle every aspect of your case.
A Financial Settlement Can Work In Your Favor
Determining who to pursue will depend on how you were injured. Liable parties in construction accidents may include:
- Construction company owners
- Construction site employers
- Construction site employees
- Construction equipment manufacturers
Your lawyer from our firm will work to help you negotiate a financial settlement with the at-fault party. Choosing to agree to a financial settlement lets you avoid a lengthy court case, and you can start rebuilding your life. If you agree to a settlement versus going to court, you will accept a predetermined amount of money to settle your claim.
Assigning an accurate value to your claim is a critical part of settling negotiations. Because you cannot ask for additional money later, our personal injury attorneys will work hard to calculate your expenses, value your case, and ensure your claim is not undervalued or underpaid.
Our Firm Operates Under A Contingency-Fee Agreement
There are no upfront costs if you choose to work with us. In addition, you also never pay us out of your own pocket. It is only if we secure a settlement or judgment that our clients pay, but our fees come from your winnings. If we do not win, we do not get paid. Construction accident victims seeking legal help deserve support regardless of their financial standing.
Collect Compensation After A Construction Site Accident
The injuries you suffer in a construction accident can leave you or someone you love with significant injuries. While you focus on your health and well-being, our client care team will take care of everything else. After you are injured in a construction accident, a construction accident lawyer in Jacksonville with our firm can help you identify the liable party and collect the financial compensation you deserve.
Get responsive legal care that goes the extra mile for you. Contact the case review team for your free, no-obligation consultation atthe Law Offices of Anidjar & Levine by calling. A team member wants to hear about your accident and inform you of your rights and options.
