Construction Accident Lawyers in Miami FL
While construction workers contribute significantly to Miami’s growth, the large equipment, tools, and complex operations on these worksites mean that injuries are all too common in these work environments.
If you or a loved one has been injured in a construction accident, the injuries suffered are likely to be serious, because of the nature of these workplaces. Determining who is responsible for your injury can also be a complex matter—was it the result of negligence on the part of an employer, contractor, equipment manufacturer, or another party?
At Flaxman Law Group, our team is dedicated to securing the compensation you deserve after a workplace accident. We can explain whether you have a workers’ compensation claim or a third-party claim that allows you to seek fairer compensation. Reach out to us for a free consultation with a Miami construction accident lawyer.
Understanding Construction Accidents
Construction sites are inherently dangerous. It doesn’t matter if a project involves towering skyscrapers or residential homes—most construction projects involve heavy machinery, scaffolding, electrical work, and other risks that can result in serious harm. Common construction accidents that occur in these conditions include:
- Falls from scaffolding, ladders, roofs, or elevated platforms.
- Malfunctions of heavy machinery such as cranes, bulldozers, or forklifts that can cause serious injuries.
- Tools, materials, or debris falling from a height can strike workers below, leading to severe injuries or fatalities.
- Electrocution due to contact with exposed electrical wires or faulty wiring.
- Caught-in accidents, where workers are caught in or between machinery, equipment, or building materials, leading to crushing injuries.
- Trench collapses, usually caused by trenches or excavations that are not properly reinforced.
- Exposure to dangerous chemicals, asbestos, mold, and other substances that can lead to occupational illness.
- Vehicle collisions involving construction vehicles or trucks on the site.
Each of these accidents may be caused by factors like negligence, poor maintenance, improper training, or safety violations. Construction accidents often involve multiple parties, including contractors, subcontractors, equipment manufacturers, and site owners, making it difficult to determine liability. That’s why working with an experienced lawyer can be advantageous.
Causes and Consequences of Construction Accidents
Construction accidents can be caused by various factors, including:
- Negligence. Poor safety practices, failure to follow regulations, or inadequate training can result in accidents on construction sites. Employers and contractors have a duty to provide a safe working environment for their employees.
- Inadequate safety measures. Construction companies must comply with Occupational Safety and Health Administration (OSHA) guidelines to ensure worker safety. Failure to provide safety equipment and training and failure to create safety processes can be a violation of OSHA rules.
- Lack of proper supervision. Supervisors should monitor workers and ensure that safety protocols are being followed. When they fail to do so, they can be held liable.
- Equipment malfunctions. Faulty machinery, tools, or scaffolding can lead to injuries. In some cases, the manufacturers of these products may be held liable if a defect caused the injury. In other situations, other parties may be liable if tools and machinery were used incorrectly or wasn’t maintained properly.
- Environmental factors. Weather conditions, poor lighting, or wet surfaces can also play a role in causing accidents on construction sites. While supervisors and site owners obviously can’t change the weather, they are expected to provide adequate lighting and even to get workers out of worksites when weather makes them unsafe.
The consequences of construction accidents are often devastating. Injured workers may face physical pain, long recovery periods, and permanent disabilities. In the most tragic cases, a construction accident may result in wrongful death.
Construction Accident Injuries and Compensation
Construction accidents often result in serious injuries, which can include:
- Traumatic brain injuries (TBIs), skull fractures, and other head injuries.
- Back and spinal cord injuries.
- Broken bones.
- Crushing injuries that may lead to amputation or organ damage when workers are caught in equipment.
- Burns and electrical injuries.
- Fatalities.
- Facial and dental injuries, commonly caused by explosions or equipment failure on site.
- Occupational illnesses, including respiratory conditions, caused by exposure to dangerous substances on the site.
When you are injured in a construction site accident, you may be entitled to workers’ compensation benefits. Workers’ compensation is a no-fault type of insurance that most Florida employers are required by law to carry on behalf of their workers. If you are injured during work duties or are diagnosed with an occupational illness, workers’ compensation benefits replace part of your lost income and provide medical benefits and other benefits, regardless of who caused your injuries.
However, it is also useful to speak with a Miami construction accident lawyer if you have been injured. A lawyer can explain whether you have a legal claim in your case. If you do, you may be able to seek fairer compensation than what workers’ compensation offers. You may be able to seek compensation for:
- Medical expenses, including ongoing and future medical treatment you may need.
- Lost income and future earning potential.
- Pain and suffering.
- Wrongful death, if your family member was killed in a construction site accident.
It’s important to understand that workers’ compensation is meant to protect employers from lawsuits. If you have been injured on a construction site as a worker and think you may have a personal injury claim, it’s important to speak with a Miami construction accident lawyer right away. Your attorney can explain whether you have a workers’ compensation claim or third-party claim and can explain what you should do next to protect your rights.
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The Role of a Construction Accident Lawyer
A construction accident lawyer will investigate the circumstances surrounding the workplace accident to identify all parties who may be liable and to secure evidence that can help you secure compensation.
A lawyer will also handle all legal matters, including dealing with insurance companies and negotiating settlements. This is important, because trying to fight for compensation yourself is stressful and you may make mistakes. Your lawyer protects you from making mistakes and frees up your time and energy so you can focus on your health.
An experienced attorney will act in your best interests and will take care of all the details for you. They will work to secure the fairest compensation possible in your case. If necessary, they will take the case to trial to ensure the best possible outcome.
Attorneys have resources that the average person simply does not have. For example, your lawyer will have experience working on similar cases and will have knowledge of the law. An attorney also knows expert witnesses, safety specialists, investigators, engineers, and other professionals who can assess the accident and help build a strong case.
Liability and Responsibility in Construction Accidents
If you are just applying for workers’ compensation after a work accident, you qualify for benefits regardless of who was responsible for your accident. However, workers’ compensation is not always an option. Your employer may not have covered their workers. You may be considered unqualified for workers’ compensation because you’re a contractor or because you were a visitor to a worksite or were not actively working at the time of your injury.
You may also decide that you want to pursue a third-party lawsuit because you want fair compensation that covers more of your losses.
In any case, if you are filing a construction accident claim, determining who is liable is important, because that is who you will pursue in your claim. There may be multiple liable parties in your case, including:
- Employers, who are responsible for providing a safe work environment.
- Contractors and subcontractors, who are responsible for specific areas of the worksite.
- Property owners, who may be partly responsible for ensuring proper site conditions.
- Equipment manufacturers, in cases where faulty equipment caused an injury.
- Third parties, such as delivery drivers or maintenance workers.
On a construction site, there are many parties all working together to create a safe environment. Determining who violated the rules and failed to take proper precautions can be challenging. Your lawyer may hire investigators or may work with experts to find out who is liable.
Filing a Claim and Statute of Limitations
Filing a claim in Florida after a construction site accident usually begins with a free consultation with a Miami construction site accident lawyer. While you are not required to work with a lawyer, trying to figure out how to investigate your injuries and file the paperwork on your own is daunting.
When you meet with an attorney, your attorney will offer their insights and ideas about your case. Your lawyer may explain whether you have a claim, how much your claim may be worth, and what you can do next.
Your initial consultation is also a good time to discuss how a lawyer may approach your case and how much your case may cost. Many personal injury attorneys work on a contingency fee basis, meaning you will only pay legal costs when and if the lawyer secures compensation for you. Be sure to ask how much the fees and legal costs might be, so you are prepared.
If you choose to work with an attorney, your lawyer will investigate the accident, find all liable parties, and file claims for you. Your attorney will negotiate with liable parties and their insurance companies, seeking a fair settlement for you. Should a settlement not be possible, your lawyer will build a case and may recommend taking your case to court, so a judge and jury can decide about damages.
It’s important to understand that there is a statute of limitations that applies to your case. This is the time frame in which you must file your claim. In Florida, the statute of limitations for personal injury lawsuits is generally four years from the date of the accident. However, certain exceptions may apply, so it’s essential to act quickly and consult an attorney to ensure you don’t miss any deadlines. For workers’ compensation claims, the time limits are typically shorter—you may have only days to inform your employer of an injury–so contacting an attorney immediately is crucial.
Contacting a Construction Accident Attorney
Contacting a construction accident attorney at Flaxman Law Group is simple. We’re available 24/7 through our website. Our offices are located in Miami, so it’s easy to stay in touch and to reach us. If your injury has left you too injured to travel, we will visit your home, workplace, or hospital room or we can arrange a virtual or phone meeting—whatever works for you.
Your first consultation with us is absolutely free and comes with no obligation, so there is no risk in speaking with a lawyer. This gives you a chance to weigh your options and to learn more about the strength of your case. During your free initial consultation you get to ask questions, get an assessment of your claim, and to find out more. That way, you can make the best decision for yourself about what to do next.
Should you become a client of Flaxman Law Group, you can be certain that you will be treated with care and respect. We always reply to emails and phone calls quickly and we do everything possible to seek fair compensation for you. Our trilingual family-based legal team includes a father-son attorney team completely committed to caring for our clients. Not only do we seek the best outcome in our cases, but we treat our clients with kindness. In fact, we are proud to say that many of our clients come to us through recommendations from friends and family.
When you work with us, you will have the personal phone number of your lawyer, so you can stay in touch. We keep you up to date about the status of your case and ensure that all the details are taken care of. We free you from the legal process so you can focus on rebuilding your life after a devastating accident.
If you have been injured in a construction accident and are looking for justice and compensation, contact Flaxman Law Group today for your free consultation.
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