Anidjar & Levine is a leading construction site accident law firm in Florida dedicated to helping victims injured in or near construction zones. Our attorneys can help you identify all sources of liability and obtain the maximum recovery possible for your claim.
Construction sites present a minefield of dangers for anyone that enters. Workers and visitors must be careful where they tread, for one false step could land them in an unfinished ditch or between broken planks. Workers often find themselves under collapsing scaffolds, unbalanced ladders, or falling debris. Unsecured beams, shards of glass, and loose nails are just some of hazards found in construction sites. Electrocutions, explosions, and accidents involving heavy machinery are also common. According to the Bureau of Labor Statistics, construction site accidents account for more fatal work injuries than any other industry.
Common sources of construction site accidents include:
- Gas explosions
- Building collapse
- Logging accidents
- Compressor accidents
- Construction site falls
- Punch press malfunction
- Defective tools or equipment
- Defective ladders
- Fires and flammable materials
- Accidents with cranes, hooks, forklifts
- Failure to comply with Occupational Safety and Health Administration (OSHA) requirements
- Exposure to toxic or hazardous chemicals
Florida law protects victims who are injured in construction site accidents. Section 440.02 of the Florida Statutes requires employers in the construction industry to carry workers’ compensation insurance if they employ one or more workers. Subcontractors must likewise provide workers’ compensation coverage for their employees under state law. Even out-of-state employers and subcontractors with employees working in Florida must provide proof of a Florida workers’ compensation policy. In cases where the employee refuses to use a safety appliance like a hard hat, goggles, or gloves, indemnity benefits may be reduced by 25% if the employee knew about, but failed to observe, safety rules.
Florida’s workers’ compensation laws cover all accidental injuries and occupational diseases “arising out of” or “in the course and scope of” employment. This includes coverage for deaths resulting from work-related injuries within specified periods of time. The law thus provides compensation to dependents of workers who die from a work-related injury, so long as they make a timely claim for benefits. Workers who are unsure whether their injury is covered must still file a First Report of Injury or Illness on Form DWC-1 within 7 days of the accident. Generally, the Florida Statutes require injured workers to file a petition for benefits within two years from the date of the accident.
Under Florida law, victims of construction site accidents are entitled to several forms of compensation, including medical expenses, lost income, and other disability benefits. In most cases, workers receive bi-weekly benefit checks amounting to approximately 67% of their average weekly wage. Workers who are only temporarily disabled are entitled to temporary total, temporary partial, or a combination of the two disability payments for the duration of their disability, not to exceed a maximum of 104 weeks. Most benefits depend upon the nature and extent of the injury and whether they result in a partial or total loss of function. Workers with catastrophic injuries may thus be entitled to lifetime benefits.
If you were injured in a construction site accident, the experienced construction site accident attorneys of Anidjar & Levine can help. We have helped numerous victims get back on their feet after sustaining serious injuries in construction site accidents. Anidjar & Levine is proud to provide the highest quality legal representation to injury victims throughout Florida. For a free consultation, call us at 800-747-3733 or Contact Us online.