Have you or a loved one recently been injured on a job site? While workers’ compensation may provide you with some benefits, it may not be enough to fully and fairly reimburse you for all the damages you have suffered. An experienced Tampa Bay personal injury attorney will be able to help you with recovering construction accident compensation and maximizing your available benefits. Contact our office today.
Recovering Construction Accident Compensation | What to Know
These cases can be quite different than other accidents that result in injuries such as a car accident. Most of the time for car accidents, you will always have a liable party to bring a claim against, but due to the nature of construction accidents, you can’t always bring a claim. This is a worker’s compensation claim for most people as you cannot sue your employer. (It would be different if you were a passerby walking down the street and got injured at a construction site you didn’t work at.) Worker’s compensation will cover your medical expenses and lost wages which is if your employer carries this coverage. If they do not, they can get into a lot of trouble. They also need to be running their site in accordance to the Occupational Safety and Health Administration (OSHA). If they do not follow OSHA laws, you may have a personal injury claim. There are other ways you would be eligible for a personal injury claim including malicious intent that caused your accident, serious negligence, or a liable third party. You may be eligible for a third-party claim if your accident involved:
- A third-party contractor (who would not be your employer) whom you can file a claim against
- A product manufacturer whose product had a defect that injured you (that product could be a tool or scaffolding)
- A designer or engineer that was negligent and caused you injury
- The property owner who was negligent about hazards on their property (your claim would be for premises liability against them)
Recovering Construction Accident Compensation | Third-Party Claims
If you have established that you’re eligible for a third party or personal injury claim, there are some liability rules that you should be aware of. Florida follows pure comparative negligence laws that affect your compensation. First, if you are found to be at fault for the accident, your award may be reduced. Second, in the unlikely event that you are found to be 100% at fault, you will be barred from receiving compensation. The way it works is, if you had some part in the accident, then you might be deemed partially responsible. Let’s say you were found to be 10% at fault and you were awarded $100,000. Because of Florida’s laws, your award will be reduced to $90,000.
The best way to figure out if you should pursue a claim is to sit down with one of our experienced Tampa Bay construction accident attorneys. Our law firm is dedicated to helping victims like you find the route to compensation that makes the most sense and will give them what they need to have a full and fair recovery.