If you suffered injuries in a construction accident in West Palm Beach, you are eligible for workers’ compensation benefits. In some cases, you might also be entitled to benefits from a third-party claim. Unfortunately, obtaining the compensation to which you are entitled can be much more difficult than you might assume. A construction accident lawyer in West Palm Beach, FL can help you recover the benefits to which you are entitled.
The Law Offices of Anidjar & Levine helps construction accident victims and their families recover the compensation they need to make ends meet after a serious construction accident injury. We know you likely cannot afford yet another expense right now, so we take injury cases on a contingency basis which means you pay us nothing unless you win compensation.
Call for your free consultation today: 1-800-747-3733.
Filing for Workers’ Compensation Benefits
The state of Florida requires all construction industry employers with one or more employees to offer workers’ compensation insurance. This pays out when a worker suffers an on-the-job injury or illness. Workers’ compensation benefits cover:
- All “medically necessary” care stemming from your injury or illness (The care you receive must come from an authorized provider.)
- Gas money to get to and from your doctor and your pharmacy
- A percentage of your lost wages while you are unable to work (Lost wages are compensable beginning after the seventh day of disability. The percentage depends upon the type of disability benefits, but you can expect between 66.6 percent and 80 percent.)
- Death benefits if your loved one did not survive the accident (up to $150,000 for funeral expenses, compensation for dependents, and educational benefits for a surviving spouse)
Unfortunately, it is not always as easy as it should be to get the benefits you need and deserve. Your employer might deny your claim, arguing:
- Your injury occurred while you were intoxicated.
- Your injury occurred because you intended to injure or kill yourself or another person.
- Your injury did not occur in a construction accident.
- You did not meet a deadline.
To obtain workers’ compensation benefits, you must perform several tasks and meet numerous deadlines.
- You must notify your employer of your accident within 30 days.
- Your employer must notify its workers’ compensation insurer within seven days of learning of your accident. If your employer refuses to do so, you can report the injury yourself.
- You must file your petition for benefits within two years of your accident.
We will investigate your construction accident and work to prove that your injury was a direct result of your employment. We will also meet all deadlines and ensure all paperwork is correct before we file it. If your employer or its insurer refuses to grant you your benefits, we are not afraid to fight for the benefits you deserve in court.
Recovering Compensation Through a Third-Party Claim
In some cases, workers’ compensation does not cover the entirety of your losses. Depending on the circumstances of your injury, we may be able to recover additional compensation from another party.
This additional compensation may include:
- Lost wages and lost earning capacity not covered by workers’ compensation
- Miscellaneous expenses
- Pain and suffering
- Mental anguish
Workers’ compensation laws prohibit injured parties from suing their employers for work-related injuries. However, there may be several other parties (known as “third parties”) that may be liable. These may include:
- General contractors or subcontractors
- The designer or engineer of the building
- The property owner, building owner, or construction site owner
To recover the compensation you deserve, we must prove another party acted negligently. The process we must take depends on who is liable for your injuries.
Holding a Contractor, Designer, or Engineer Liable
We must establish three things to hold a contractor, designer, or engineer liable for the harm you suffered.
- The party was negligent in some way. This may include failing to secure tools, designing a structurally unsound building, misusing tools, etc.
- This negligent act caused you to suffer injury. For example, a general contractor did not provide his employees with tool lanyards to prevent a dropped object accident. A worker accidentally dropped his hammer which hit you in the head and caused you to sustain a traumatic brain injury.
- You suffered damages (e.g., medical expenses, lost wages, pain and suffering, etc.)
Holding a Property Owner Liable
To hold the building or site owner liable, we must prove:
- The owner created, knew about, or should have known about a potential hazard.
- The owner did nothing to warn workers or remedy the hazard.
- This hazard caused you to suffer injury.
Collecting Evidence to Support Your Construction Accident Case
To prove your entitlement to damages, we may gather evidence such as:
- Medical records that show the nature and extent of your injuries
- Eyewitness testimony of your accident
- Company’s history of citations for violating safety rules or regulations
Depending on the circumstances of your accident, we may have a construction expert reconstruct the accident by visiting the site and reviewing photographs, accident reports, and other documentation to determine how the accident happened and whether there were any violations of safety protocols.
The Importance of Having a Construction Accident Lawyer in Florida
A construction accident lawyer in West Palm Beach can handle all aspects of your case and defend you against employers, insurance companies, and other parties opposed to offering you full and fair compensation.
The personal injury lawyers at the Law Offices of Anidjar & Levine will protect your rights and assist you in filing a workers’ compensation claim, personal injury claim, or lawsuit to pursue the compensation you are entitled to under Florida law. Our goal is to help you recover as much compensation as possible for your construction accident.
Contact Us Today for a Free Case Review
You can depend on the Law Offices of Anidjar & Levine to fight to get the compensation you deserve. Call us at 1-800-747-3733 to schedule your free legal consultation with our personal injury team in West Palm Beach, Florida.