Construction sites carry an inherent risk of injury for workers, site visitors, and passing pedestrians. When equipment malfunctions or an improperly stored chemical spills on a Tampa construction site, the consequences often far exceed a broken bone or severe burn. In order to recover the cost of medical bills, lost wages, and other associated expenses, you’ll need a formidable litigator to negotiate a fair settlement offer that fulfills your needs.
KMW Legal Can Help With Your Construction Site Accident Lawsuit
At Keller, Melchiorre & Walsh, we know how complex a construction accident claim can be. You may have sought out workers’ compensation to secure reimbursement for your bills, only to be denied the full value of your claim or discover that a third party’s negligence was a factor in the incident that caused your injury.
We will unapologetically protect your right to recover compensation when you are injured at an unsafe workplace due to hazards or dangerous conditions. Our clients will verify our diligence and dedication to the pursuit of a fair settlement, as evidenced by our consistent record of excellence as Tampa personal injury attorneys.
If that means taking on your employer’s insurance carrier at trial, KMW Legal is ready to leverage our firm’s successful trial background to fight for your settlement. Contact us today to schedule a free strategy session with our team to discuss the details of your construction site accident claim.
Construction Site Accidents Come in Many Forms
The CDC references a report from the Center for Construction Research and Training which reveals that falls are the most common cause of fatal injury among construction workers, followed by struck-by accidents, electrocutions, and caught-in-betweens. Workers may injure themselves in a slip-and-fall accident, be struck by falling debris like glass, step on exposed wires, or be crushed in between a truck and a wall.
Failure to Prevent Construction Site Accidents
Construction work often involves operating heavy machinery, scaling tall structures, or handling volatile and hazardous substances. These tasks all require proper instruction and protective safety measures or equipment, such as harnesses, gloves, and goggles. Training is also an important part of construction site safety, as it helps to prevent the misuse of tools, vehicles, and other supplies.
While substantial risk can be mitigated on the job site by contractors, supervisors, and employees, manufacturers also play a role in construction site safety. When a harness fails, a construction worker may plummet several stories down the side of a building, or a faulty steering system may prevent a dump truck driver from maneuvering away from a nearby pedestrian. Their safety gear, tools, and equipment are an integral part of maintaining a safe working environment.
Construction Site Accidents Can Cause Catastrophic Injuries
The opportunities for severe injury on a construction site are plentiful. Working on a job site around dangerous equipment demands a specialized skill set and constant vigilance, but even with the proper precautions, devastating accidents still happen. Seeking treatment from a medical professional and notifying your employer of your injury are crucial to protecting your ability to claim workers’ compensation benefits or file a secondary personal injury lawsuit to recover the value of your damages.
Common Florida Construction Site Injuries:
- Spinal cord injuries
- Traumatic brain injuries
- Fractured/broken bones
- Crush injuries
- Electrical and chemical burns
- Severe lacerations
Severe injuries or infections may necessitate amputations and injuries associated with the head or back come with high risk of permanent paralysis. You may become permanently disabled or disfigured, require around-the-clock home healthcare, or forfeit the ability to promote up in your field.
The long-term impact of your injuries may not be apparent in the immediate aftermath of your accident, which is why it is critical to seek out the counsel of an expert construction site accident attorney. At KMW Legal, we’ve handled a wide variety of claims for Tampa citizens who were injured on a construction site, so we are familiar with the unexpected damages injured parties may be entitled to as a result of their injury.
Injured Parties Can Recover Compensation in Construction Site Accident Claims
If a construction worker fails to set an emergency brake and is trapped under the weight of a forklift, slips on a wet surface and falls through scaffolding, or accidentally punctures their hand with a nail gun, they can seek compensation for their medical bills and the wages they lose while recovering from their on-the-job injuries. Other injured parties may also be eligible for compensation through a personal injury lawsuit.
The Statute of Limitations for Construction Site Accident Claims
As soon as you become injured on the job, a countdown clock starts on your window to file a worker’s compensation claim or potentially a personal injury lawsuit. Florida law permits workers 30 days to report their injuries to their employers, and allows employers an additional week to relay those incidents to their insurance carriers.
While the cost of job site injuries is generally repaid by workers’ compensation claims, specific circumstances may dictate the need for a personal injury lawsuit. The statute of limitations for personal injury lawsuits is 4 years, typically measured from the date the accident occurred. If a victim of a construction site accident dies from their injuries, their family may attempt to recover damages in a wrongful death lawsuit, which has a limit of 2 years.
Workers’ Compensation Claims Disregard Fault, But Don’t Cover All Damages
When a construction worker is injured on the job site during the course of their duties, they are typically eligible for workers’ compensation, even if their mistake unintentionally caused the injury. Workers’ compensation claims are generally limited to the cost of medical bills and partial reimbursement for lost wages, excluding other damages like pain and suffering.
If your employer insinuated that filing a workers’ compensation claim would jeopardize your employment status, or the insurance company is unwilling to properly compensate you for your medical bills and lost wages, you should enlist the services of a personal injury lawyer who is prepared to take on powerful insurance companies or corporations.
Workers’ compensation claims can also provide payment for lost wages for the families of deceased construction workers even if they were at fault. Under very specific circumstances they may be able to sue negligent third-parties for additional damages in a wrongful death lawsuit. This can be a complicated process, best handled by an attorney with experience in workers’ compensation claims and wrongful death lawsuits.
Third-Party Construction Accident Lawsuits Require Proof of Negligence
Unlike a workers’ compensation claim, personal injury claims require the plaintiff to demonstrate the defendant owed the plaintiff a level of care, and their negligence is connected to the plaintiff’s injury and resulting damages. They also provide the opportunity to recover non-economic damages. Depending on the extent of your injuries, workers’ compensation may not cover the full cost of medical treatment, rehabilitation, or lost paychecks.
In some rare cases, you may be able to recover damages exceeding the coverage of your workers’ compensation benefits in a lawsuit against a third party who owed you a duty of care. For example, defective construction equipment can leave manufacturers responsible for damages in a product liability lawsuit if a worker becomes injured due to a poorly designed braking system.
Injured Pedestrians Can Recover Damages in a Personal Injury Lawsuit
Pedestrians or those visiting but not working at the construction site will also have to seek other avenues of compensation for their damages besides a workers’ compensation claim, such as a personal injury lawsuit. An experienced construction site accident attorney will be able to help you determine the negligent party, the scope of their liability, and the damages you are eligible for.
How Can a Tampa Construction Site Accident Attorney Help Me?
The process of recovering expenses for an unexpected construction site injury can leave hurting victims confused about their legal options for recourse, especially when the accident isn’t as straightforward as it appears. Tampa construction site accidents often have multiple contributing causes that impact the type of claim you ultimately file, each with a different burden of proof stipulation, deadline requirements, and eligibility conditions for damages.
You need the legal insight of a qualified Tampa attorney who is adept at navigating the rules and regulations governing Florida’s construction site accident cases to give your claim the best chance of producing adequate compensation.
Whether it’s fighting for the workers’ compensation benefits you are entitled to or pursuing damages in a lawsuit against a negligent manufacturer or contractor, you need a seasoned attorney on your side to handle inquiries from insurance companies and bill collectors, maintain records of any OSHA investigations and evidence of the accident, and fiercely protect your right to compensation at any settlement negotiations or case trials.
KMW Legal is Proud to Represent Construction Site Accident Victims in Tampa, Florida
Tampa is the largest city in Hillsborough County and is home to a population of 387,916 people. In the last ten years, Tampa’s population has increased by over 20%, driving up the need for new offices, apartment buildings, roads, and stores to accommodate a developing and diversifying population. With plenty of construction work happening, the need for a dependable Tampa construction site lawyer is at an all-time high.
Our capable team at Keller, Melchiorre & Walsh has steadfastly supported many construction workers and their families through workers’ compensation disputes and supplementary lawsuits when needed. We have been able to use our legal expertise to successfully settle many construction site accident claims in the Tampa area.
Contact a Tampa Construction Site Accident Lawyer Today
When a construction site injury prevents you from returning to work, reduces your quality of life, or burdens you with substantial medical debt, it’s time to seek out expert litigators who know how to lock down a settlement that recognizes all of your losses.
KMW Legal has cultivated a results-based reputation based on our valuable service to clients in the Tampa community and across the state of Florida. We’ll confront the insurance company in negotiations or in trial court to demand the damages you are due while you focus on healing.
Reach out to our team or visit our Tampa office location to take advantage of a free, no-obligation strategy session. We look forward to assisting you with the process of securing compensation for your construction site injury and protecting your family’s future.