Construction Site Accident Attorney Palm Beach Gardens
Construction work is among the most dangerous of professions. In 2019, U.S. construction worker fatalities rose by 5%, making it the worst year for construction site deaths since 2007. An estimated 40% of construction site injuries result from falling. Although many construction site injuries are covered by worker’s compensation, a fuller investigation of the circumstances can reveal other culpable parties. If so, you might be entitled to more than worker’s compensation benefits. To determine your eligibility to sue third parties and receive compensation that more fully covers the extent of your injuries and any lingering disabilities, contact the Swan Law Firm for a free consultation.
Why Choose Blake Swan as Your Construction Site Accident Attorney
The reputation of a personal injury attorney matters, especially in the early stages of a claim for construction site accident injuries. Blake Swan has the credentials that impress insurance companies and defense attorneys. They know that claims filed by the Swan Law Firm are legitimate causes of action. We get results for our clients.
The Swan Law Firm is a top-ranked attorney among the National Trial attorneys Top 40, recovering over $90 million on behalf of clients from around the country.
The Swan Law Firm will fight till you get paid!
A successful personal injury attorney has a combination of skills:
- Up-to-date knowledge of Florida construction site accident law and civil procedure
- Compassion and dedication to our clients
- Trial experience that backs up aggressive negotiating strategies
- A reputation among insurance companies and defense counsel
- Professional, strategic, and effective
This professional attitude means that we will aggressively, and ethically, advocate for our clients so that we can recover the compensation that you deserve.
Common Injuries Arising From Construction Accidents
Despite laws addressing worker safety, construction workers remain at risk for severe injury due to the nature of the work, the use of heavy equipment, and exposure to toxic chemicals. Accidents are dangerous throughout the phases of construction work.
- Demolition
- Freight hauling and truck driving
- Heavy equipment
- Roofing and high-rise work
- Sewer and duct
The types of injuries most common in construction site accidents include:
- Back and neck
- Burns
- Bone fractures
- Knee and shoulder
- Muscle, tendon or ligament tears
- Traumatic brain
- Respiratory illness
- Organ damage or loss
- Loss of limb or digit
- Spinal cord
- Wrongful death
Pedestrians, too, can be injured by unsafe work conditions at a construction site.
The Fatal Four Construction Site Accidents
According to the Occupational Safety and Health Administration (OSHA), the four leading causes of fatal injuries at construction sites cause 60% of workplace injuries:
- Falls from ladders, scaffolds, roofs and other heights: Nearly 40% of all construction site injuries result from falls
- Struck by object injuries: More than 9% of construction site fatalities result from injuries caused by improperly secured tools, equipment or construction materials
- Caught in between injuries: Over 7% of construction site fatalities arise from a worker being trapped or crushed by equipment, collapsing structures or trenches
- Electrocutions: An additional 8% of construction fatalities result from workers being exposed to wires and electrical currents
Although the Fatal Four comprise the bulk of construction site injuries, other types of accidents might also give rise to a cause of action for damages above and beyond worker’s compensation:
- Slips, trips and falls
- Trench collapses
- Fires and explosions
- Equipment accidents and malfunction
- Demolition
The danger at a construction site extends beyond catastrophic accidents. You might also be injured as a result of exposure to toxins, repetitive motion injuries, or the severe strain placed on the body by frequent bending, lifting, or over-reaching.
Where Worker’s Compensation Ends and Third-Party Lawsuits Begin
Worker’s compensation laws provide for compensation for medical bills and lost wages without needing to prove negligence at the worksite. However, worker’s compensation laws usually prohibit a lawsuit against the employer for construction site injuries with some significant exceptions. Direct action against the employer is limited to:
- Gross negligence akin to intentionality
- Failure to provide worker’s compensation insurance
- Employer retaliation against you for filing a worker’s compensation claim
- Insurance carrier takes excessive time to process your worker’s compensation claim and pay out benefits
Florida law requires that any construction company with one or more employees is required to have a current worker’s compensation insurance policy to cover all medical costs and provide an income for disabled employees who are unable to work. However, worker’s compensation benefits do not cover pain and suffering, or other noneconomic damages.
A timely and thorough investigation into a construction site accident might reveal that a third party is responsible for the injuries, and therefore can be sued for damages beyond what worker’s compensation covers. Uncovering liability by third parties requires a timely investigation, another reason why you should consult with an experienced construction site accident attorney as soon as possible. You want to be able to discover and preserve all evidence, especially at a quickly changing work site like active construction.
Who Is Liable for a Construction Accident?
To maximize recovery beyond worker’s compensation, a responsible third party might be identified through a careful and timely investigation of the circumstances. If a negligent third party is located, then in addition to the worker’s compensation claim, you might be able to file a personal injury suit. Here are some instances of third party liability:
- Property owner who did not maintain a safe environment
- Negligent contractor who failed to hire a qualified employee who caused the accident
- Equipment manufacturer of a device or piece of equipment that caused the injuries
- Vehicle manufacturer who sold a malfunctioning auto part
- Trucking company whose driver ignored signs of roadwork or construction
Piecing together all of the responsible parties requires a timely and focused investigation. We urge you to contact the Swan Law Firm as quickly as possible to preserve all of your rights and all of your options for financial recovery.
Damages We Will Fight For
Construction site injuries can be severe, often life-threatening, and can end a career in just moments. At the Swan Law Firm, our attorneys led by Blake Swan will fight for compensation to cover all sorts of damages:
- Unpaid medical expenses and rehabilitative care
- Lost income and loss of earning capacity
- Alterations to your home to make it accessible
- Replacement services
- Psychological counseling
- Property damage and loss
- Long term nursing care
- Pain and suffering
- Permanent disfigurement
- Loss of enjoyment of life
- Final medical costs, funeral expenses
- Loss of financial and emotional support, in the event of wrongful death
Don’t miss the opportunity to seek full compensation, beyond worker’s compensation. To preserve all of your options, contact the Swan Law Firm immediately to schedule a free consultation. We will explore all options with you to determine a course of action to secure payment from all responsible parties for your injuries or loss.
How Blake Swan Can Help You
Every potential client who approaches the Swan Law Firm for a free consultation will be interviewed to determine the viability of their claim. This process involves reviewing the evidence, medical records, and perhaps conducting a brief investigation to locate the responsible parties and their financial assets, including insurance policies, and any prior claims based on dangerous construction site conditions.
Once a case is taken, and a retainer agreement drafted and signed, the Swan Law Firm will contact the insurance carriers, if any, to feel out whether negotiation or litigation is the best course of action for you. If the insurance carrier has undervalued the damage, and not offered an appropriate pre-filing settlement, then the Swan Law Firm will file suit on your behalf. Our goal is to maximize your recovery in the shortest period of time. However, not all cases can be settled without a trial. Especially complicated or serious construction site accident cases involving multiple defendants require a trial before a jury. And Blake Swan and his team have the experience and fight you want in a trial attorney.
We Fight Until You Get Paid
At the Swan Law Firm, we will guide you through the legal process and aggressively pursue your claim, maintaining integrity and offering you compassion and understanding during this difficult time. We are committed to providing our clients with the best legal representation based on your needs and our professionalism. Your case will begin with a Free Consultation.
We are standing by ready to assist you 24/7. Call us now at Swan Law Firm 561-291-7492 or fill out the contact form below to schedule your free consultation.
Our Florida office is located at:
11410 Jog Road, Suite 100
Palm Beach Gardens, FL, 33410
Our telephone number is: 561-291-7492
Or email Blake Swan at: bswan@swanlawfirm.com
Frequently Asked Questions
- Can I sue my employer for a construction site accident? Ordinarily, worker’s compensation regulations prohibit suing an employer for injuries at a construction site. However, there are specific exceptions, which include:
- Failure to provide worker’s compensation insurance
- Employer retaliation against you for filing a worker’s compensation claim
- Insurance carrier takes excessive time to process your worker’s compensation claim and pay out benefits
- How do I prove negligence in a construction site accident case? A successful worker’s compensation claim does not require proof of negligence. However, when suing a third party for damages caused at a construction site accident, the four elements of negligence must be proved:
- The third party owed a duty of care
- That duty of care was breached
- The breach of the duty of care actually caused the injuries
- Actual damages must be documented
- What types of compensation can I seek for injuries sustained in a construction site accident? Workers compensation benefits are limited to recovery of medical bills and rehabilitative services and lost wages. However, a successful suit against a liable third-party can expand the scope of compensable damages:
- Unpaid medical expenses and rehabilitative care
- Lost income and loss of earning capacity
- Alterations to your home to make it accessible
- Replacement services
- Psychological counseling
- Property damage and loss
- Long term nursing care
- Pain and suffering
- Permanent disfigurement
- Loss of enjoyment of life
- Final medical costs, funeral expenses
- Loss of financial and emotional support, in the event of wrongful death
- How long do I have to file a construction site accident claim in Palm Beach Gardens? The current Florida statute of limitations for personal injury claims is four years from the date of the accident. However, if there is a wrongful death claim, it must be filed within two years of the date of death.
- What role do OSHA regulations play in my construction site accident case? OSHA regulations are intended to ensure that an employer maintains a safe and healthy workplace at all times. OSHA enforces safety standards and provides training and education to help employers and workers stay safe. If your employer violates any of the OSHA guidelines and you suffer an injury as a result of that violation, you might be entitled to significant recovery beyond worker’s compensation. All workers at construction sites should be familiar with OSHA regulations which are contained in OSHA Guidelines for Construction Work Sites.
