Job Related Construction Site Claims
Posted on Fri, Jun 5, 2020
The population growth in the State of Florida has created flourishing employment opportunities in the construction industry in residential and commercial real estate. In conjunction with this growth and opportunities for work, there has been an escalation in the number of employee injuries and fatalities. Residential and commercial construction sites are inherently hazardous and are at high risk for accidents. General contractors have a duty to provide a safe workplace, however the very nature of a construction site makes it a dangerous place. There are many variables in the causes of accidents but they often include insufficient training of employees, poor safety precautions, collapsed structures, exposure to toxic substances and trench collapses. Based on statistics, the Occupational Safety and Health Administration, OSHA, cites the four leading causes of employee fatalities and injuries on a construction site are falls, being struck by an object, electrocutions and crushing injuries.
Other common workplace injuries include, but are not limited to;
- Burns, eye injuries, broken bones, spinal cord injuries, paralysis, knee and ankle injuries, amputations, lacerations, heat stress, traumatic brain injuries and repetitive motion injuries.
Fear of being fired for the filing of a worker’s compensation claim is a common misconception. The State of Florida Statute 440.205 states that it is illegal to discharge, threaten to discharge, intimidate or coerce any employee for the filing of a valid workers’ compensations claim. If you have suffered a workplace injury, it is imperative that you notify your employer immediately and seek medical attention. A medical report is the record of the injury that will be scrutinized in the processing of the claim. Your employer may have a specified doctor for you to see, however it is permissible to seek a second opinion. You must report your injuries within thirty days or you may lose your claim for benefits. Undocumented employees have the same rights as other workers, including eligibility for workers’ compensation benefits.
Our Law Firm can Design Strategies for the Plaintiff in Construction Site Accidents
If you have suffered an on the job injury at a construction site, you should retain an attorney as soon as possible to discuss your options and legal rights. Workers’ compensation is an entitlement of benefits provided by a company’s insurance carrier for workplace injuries and a claim may be filed in conjunction with a third party negligence lawsuit again any entity that may have contributed to the injury. At Morgan, White-Davis & Martinez, our priority is getting you the economic recovery that you or your family deserves, for a workers’ compensation claim or a third-party personal injury lawsuit. Damage estimates can include lost wages, medical and psychological counseling expenses, and loss of earning capacity. For wrongful death, damages can include compensation for the emotional distress for the family. We can negotiate a fair settlement offer or present clear and convincing evidence in a court room proceeding. Morgan, White-Davis & Martinez can represent your interests. Witness testimony, site investigations, and independent medical examinations are the appropriate tools to construct a strategy to maximize your evidence for a construction injury case. We have the experience and resources to help you overcome your challenges. Contact Morgan, White-Davis & Martinez at our Winter Park, Florida office, for a consultation to discuss your options. Call 407-604-7259.