How does a construction injury lawsuit process work?

If you suffered an injury on a construction site, whether you were an employee, subcontractor, or site visitor, you may be eligible for a large settlement to cover your medical bills and other losses. If you’re an employee, you may also be eligible to collect workers’ compensation benefits.

Florida does not exclude injured construction workers from filing a third-party lawsuit if their work-related injury was due to the negligence or reckless actions of a third party, like a careless subcontractor or an equipment manufacturer that released a faulty product. Third-party personal injury lawsuits can be difficult to prove, though, so it’s important to work with an experienced West Palm Beach personal injury lawyer. They can guide you through the process of filing a claim for workers’ comp and handle the legal matters related to your lawsuit.

While the details of each case are unique, construction site injury lawsuits typically follow this process.

What to do immediately after a construction site injury

If you’re an injured worker, there are precise steps for filing a workers’ compensation claim. If you don’t adhere to the Florida Workers’ Compensation claims process, your benefits could be in jeopardy.

Follow these steps to preserve your claim:

• Report the injury to your supervisor and employer immediately. You have up to 30 days to report the injury, but it’s best to do so as soon as possible
• Get prompt medical care from an employer-authorized provider. This doctor becomes your designated treating physician for the workers’ compensation process
• Follow all instructions from your treating physician, including seeing a specialist, wearing a medical device, and attending all follow-up appointments
• File your workers’ comp claim with your employer
• If you are missing work because of the severity of your injuries, remain in contact with your employer; when your treating physician clears you to return to work or light duty, negotiate a return-to-work date with your employer.

When should I talk to a lawyer after a construction site injury?

You don’t have to have a lawyer to file a workers’ compensation claim. Still, it is a good idea to talk to an experienced construction site injury attorney to learn your eligibility for a third-party lawsuit.

Workers’ compensation claims provide coverage of all necessary medical care for your work-related injury and a partial wage replacement (66% of your average weekly wage per week), plus disability benefits if your injury is a disabling one. A third-party lawsuit, however, allows injured construction workers to seek compensation for the full amount of their lost wages, any property damage (like their tools or phone), plus consideration for the pain and suffering of their injuries and emotional trauma from the event.

Your lawyer can help you if there are problems with your workers’ comp claim. Many employers will try to deny or minimize workplace accident claims, especially high-value ones. Other times, your claim could be delayed or denied because your employer didn’t complete their responsibilities. An attorney keeps your claim on track and initiates legal action if your rights are violated.

If you plan to file a lawsuit, hiring an experienced construction accident lawyer is essential.

How a lawyer manages your construction injury lawsuit

The basis of a construction site injury lawsuit is proving that another party’s negligence led to the accident and your injuries, and that you suffered financial losses as a result. Personal injury lawsuits are the legal avenue to replenish your losses.

Your lawyer investigates the accident to determine who caused it and the extent of their liability. There may be multiple liable parties in the suit, including:

• The general contractor, for failure to provide a safe workplace
• A subcontractor or vendor, who may not have adhered to proper safety protocols or otherwise acted carelessly
• A site visitor
• The manufacturer of construction tools and equipment, for releasing flawed or malfunctioning equipment to consumers for use

Once your lawyer identifies the liable parties, they build an evidence-based case proving that the defendant had a responsibility of care for your safety, but abandoned it. Evidence they use may include photos or a video of the incident or aftermath, witness accounts, a site incident report, and the general contractor’s safety records. Your medical records also provide a valuable piece of evidence for the claim.

Your lawyer may negotiate a settlement with the defendant, either in out-of-court talks or mediation sessions. If your lawyer fails to secure fair compensation for your losses, then the case goes to trial in civil court.

Injured on a construction site? We’re here to help

Construction sites are some of the most dangerous workplaces in Florida. Understanding your legal options can help you protect your health, your income, and your future. If you’ve been injured in a construction site accident and need to know your legal options? Call Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 or contact us online for a free consultation with experienced injury attorneys.