West Palm Beach Construction Accident Lawyer
Despite federal and state laws aimed at making construction sites safe, construction accidents continue to occur at an alarming rate. Moreover, construction accident injuries can be severe, life-altering injuries that require months, even years, to heal. If you were injured in a West Palm Beach construction accident, you could be entitled to compensation for your physical and emotional injuries.
A construction accident injury can result in serious, even fatal, injuries to the victim. Along with physical injuries, a construction accident victim often lives with emotional trauma and faces financial hardship following the accident. If you were an innocent bystander injured in a construction accident, you could be entitled to compensation if another party’s wrongful or negligent conduct caused or contributed to the accident. If you were working at the construction site when you were injured, your injuries may be handled under the workers’ compensation system; however, there are situations in which an employee may be entitled to pursue compensation in a traditional personal injury lawsuit for injuries sustained in a construction accident. A West Palm Beach construction accident lawyer at Demand the Limits can evaluate the circumstances of your case and discuss your legal options with you. Let us put our extensive resources, exceptional skills, and considerable experience to work for you to ensure that you recover the compensation to which you are entitled for all your injuries. Contact us today by calling (561) 600-3555 or contact us online to schedule your free case evaluation.
Can I File a Traditional Personal Injury Lawsuit for Construction Accident Injuries?
The construction industry remains one of the most dangerous industries for workers as well as innocent bystanders on a construction site. According to the U.S. Bureau of Labor Statistics, nearly 1 in 5 workplace deaths occurred in the construction industry in 2021. When a worker sustains injuries in a construction site accident, those injuries are typically handled through the employer’s workers’ compensation system. There are circumstances, however, that allow an injured worker to pursue compensation in a traditional personal injury lawsuit in lieu of the workers’ compensation system. One of the benefits to being able to seek compensation in a personal injury lawsuit instead of through the workers’ compensation system is that you can be awarded damages for pain and suffering and other non-economic damages, something that is not available through workers’ compensation insurance. Circumstances that may open the door to a traditional personal injury lawsuit for injuries sustained in a construction accident include:
- You were a subcontractor or an independent contractor. The workers’ compensation system addresses injuries to an employee only. If you were a subcontractor or an independent contractor working at a construction site when you were injured, you may be entitled to pursue a lawsuit against the general contractor, the property manager, or the property owner. Basically, if someone other than the company you worked for had control over the worksite, you might have a valid legal claim against them.
- A third party was responsible for the accident. Even if you were a direct employee of the general contractor, you might still have a claim against a third party. For example, if equipment malfunctioned you could have a claim against the equipment manufacturer.
- Intentional torts. Although rarely applicable, an employer is not covered under workers’ compensation if the employer committed an intentional tort (such as assault) against an employee that resulted in the death of the employee.
- The employer did not have a workers’ compensation insurance policy in place. Florida law requires a construction company with one or more employees to be covered by workers’ compensation insurance. General contractors also have an obligation to check that subcontractors have the required coverage and if they do not, those employees must be covered under the general contractor’s policy. If your employer did not have the required coverage, you may be able to pursue compensation in a traditional personal injury lawsuit.
Finally, you do not have to be working at a construction site to be injured in a construction accident. Bystanders can also suffer injuries in a construction accident under a variety of circumstances, such as:
- Crane accidents. Massive cranes are often used on construction sites. High winds or overloading the crane can cause cables to snap or the crane to tip, causing horrific destruction and serious injuries to anyone in the area.
- Falling material. Materials stored or used on a high-rise construction site can come loose and fall, hitting innocent bystanders walking on the streets below.
- Untethered objects. The tools and materials used on a construction site can become dangerous projectiles when they are not carefully monitored and controlled. An everyday nail, for example, can become a deadly projectile when shot out of a nail gun.
- Falls. Construction projects often require digging down below the surface of the sidewalk, land, or street. An unsecured and unmarked opening can lead to a serious fall if a bystander inadvertently steps into the hole.
Am I Entitled to Compensation for My West Palm Beach Construction Accident?
Whether you are a worker or a bystander, you could be entitled to both economic and non-economic damages for your West Palm Beach construction accident injuries. Economic damages compensate an injured victim for objective damages, such as doctor bills, lost income, and rehabilitation expenses. Non-economic damages, which are not available under the worker’s compensation system, are intended to compensate an injured victim for the subjective damages associated with the accident, such as emotional trauma, scarring and disfigurement, and mental anguish.
If you lost a parent or child in a West Palm Beach construction accident, you may be entitled to pursue compensation for your loss in a Florida wrongful death lawsuit.
Get Help from an Experienced West Palm Beach Construction Accident Lawyer
One of the many reasons you should consult with an experienced West Palm Beach construction accident lawyer immediately if you were injured in a construction accident is the complex nature of construction site accidents. There are frequently numerous potentially at-fault parties, all of whom will try to avoid liability. While many construction site accidents are handled through the workers’ compensation system, injured workers may be entitled to considerably more compensation in a traditional personal injury lawsuit. If you or a loved one was injured in a West Palm Beach construction accident, you owe it to yourself to learn about your legal options. An experienced West Palm Beach construction accident lawyer at Demand the Limits can determine who is liable for your injuries to ensure that you recover the maximum compensation available. Having an experienced construction accident lawyer on your side ensures that:
- You receive the best medical care possible.
- Your accident is fully investigated.
- All potentially liable parties are identified.
- A favorable settlement is negotiated (when possible).
- Your case is aggressively litigated in court when necessary.
At Demand the Limits, our experienced West Palm Beach construction accident lawyers have extensive experience with construction accident cases. We fight hard to defend the legal rights of all West Palm Beach injury victims. Call (561) 600-3555 or contact us online to schedule your free case evaluation. Don’t delay – the sooner you have an attorney fighting for you, the better protected your legal rights will be.