The good news is the Miami and South Florida construction industry is booming. The bad news is all that construction activity often leads to more construction accidents. To that end, just a few weeks ago 6 workers were injured after being hit by falling rebar in Brickell.
The construction industry is one of the most accident-prone sectors of the economy. Construction workers are subject to high levels of risk as they are often involved in executing potentially dangerous tasks such as lifting heavy objects, operating heavy machinery, and performing job duties at elevated heights.
Adherence to proper protocol and safety practices can decrease a worker’s risk of injury.
A variety of different factors impact the determination of liability for a construction accident. Our team of experienced construction accident lawyers analyze these factors to build a solid case for an injured worker’s right to compensation.
Important factors that impact a construction accident case are:-
- LOCATION OF THE ACCIDENT.
Location of the construction accident is a very important factor in determining liability. If a site has a history of construction accidents, it clearly indicates that the owner or the party in charge of the premises neglected to correct unsafe conditions.
- CONDITIONS OF THE ACCIDENT SITE. If conditions prevailing at the site of the construction accident breached safety standards and regulations, then the owner or the party in charge of the premises will be held liable for the injuries sustained by the victim of a construction accident.
- EQUIPMENT IN USE. If the construction accident was result of equipment malfunction or faulty equipment, the manufacturer is liable to pay damages to the victim. Irregularities in equipment use and not following standard equipment using procedures are also important in determining liability.
- PARTY IN CHARGE OF THE CONSTRUCTION ACCIDENT SITE. If an engineer, or a contractor, or an architect is in charge of a site and is responsible for maintaining safe conditions on the premises, then that entity can be held liable for the construction accident. In such instances, the owner can escape liability.
- OWNER OF THE SITE. The owner of the site is responsible for maintaining safe conditions on that property unless an agreement exists between the owner and a contractor placing liability on the contractor. If an owner knowingly allows a contractor to carry out unsafe work on his or her property, then the owner is liable for any resulting injures.
- LEGAL RELATIONSHIP BETWEEN THE ACCIDENT VICTIM AND THE LIABLE PARTY.
Compensation will not be legally enforceable if the victim was accessing the construction site against the will or without the knowledge of the party in charge of the site. The victim of the accident, to be liable for damages has to prove that his presence at the site was permitted by the party in charge of the site.
COMMON TYPES OF CONSTRUCTION ACCIDENTS.
Some common types of construction accidents are:-
- Slips and falls.
- Transportation accidents ( forklift accidents or accidents involving trucks on construction sites)
- Exposure to harmful substances, fumes etc.
- Scaffolding accidents.
- Poorly maintained or defective equipment.
- Improper training.
- Being struck by falling objects.
TYPES OF INJURIES SUSTAINED IN CONSTRUCTION ACCIDENTS.
Most common construction accident injuries are :
- Broken bones and Fractures
- Spinal cord injuries.
- Sprains and strains.
- Traumatic brain injuries.
- Permanent disability.
- Wrongful death.
STATUTE OF LIMITATION FOR FILING A CONSTRUCTION ACCIDENT CASE IN FLORIDA.
There are specific time limits, restrictions and rules for filing an accident claim. An experienced construction accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Florida statute of Limitations for construction accidents is four years after the accident occurred. In general terms, residents of Florida have four years from the date of the construction accident to initiate a civil lawsuit.
If an accident has resulted in a wrongful death, the plaintiffs have only two years to file a suit in Florida.
It is in the best interests of the plaintiff to enlist the services of an experienced Construction Accident lawyer. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinion of experts has to be sought.
COMPENSATION FOR VICTIM OF A CONSTRUCTION ACCIDENT IN MIAMI.
Our Miami construction accident lawyers seek to get maximum compensation for the victim of a construction accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
Under Florida workers’ compensation laws, employers are granted immunity from liability for work injuries sustained by their workers.
Florida workers’ compensation laws allow almost all workers injured in the scope and course of employment to collect benefits, regardless of whether the employer or the worker was responsible.
Florida, being a Comparative Fault State, allows a person to recover damages irrespective of his or her degree of fault. A Court will apportion fault among the parties, and the plaintiff is entitled to recover damages to the extent, he or she is not responsible for causing his or her injuries.
Our Miami construction Accident lawyers help victims recover:-
- Medical Bills.
- Lost Wages.
- Damages suffered due to Pain and Suffering.
- Damages suffered due to Emotional Distress.
- Costs of future corrective surgeries.
THIRD PARTY LIABILITY.
Employees are often eligible for worker’s compensation benefits after a construction accident but this benefits only cover a worker’s income losses and injury costs.
The advantage of filing a third party lawsuit is that it enables a victim to recover damages for full costs of the accident, even if some of this costs have been covered by workers’ compensation.
Third party liability in a construction accident arises when a third party other than the injured worker or the employer is responsible for the injuries or some of the injuries sustained by the injured worker. Most common third parties responsible for construction accidents are,
- Construction site owners.
- Contractors and subcontractors.
- Equipment manufacturers.
If a worker sustains an injury as a result of an construction accident where a faulty tool or defective equipment was the cause or one of the causes, then that worker may pursue a claim against the manufacturer of that device under the theory of product liability. These devices include scaffolds, lifts, ladders, safety harnesses or other safety equipment.
In some cases, property owners can be held liable for construction accidents on their property and the victim may pursue a claim under premise liability. The plaintiff must establish the following elements:
- Defendant owned, leased or was in control and charge of the construction site.
- Defendant was negligent in the maintenance of the site.
- Plaintiff was harmed.
WHY HIRE KAIRE & HEFFERNAN ?
Construction Accident cases involve complex and intricate legal concepts. Determining liability for injuries can be a difficult process which an injured worker should not attempt to undertake without the expert guidance of a competent construction accident attorney.
Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his family to navigate through complex construction accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of construction accidents in Miami and all across Florida.
Our team of creative and crafty construction accident lawyers in Florida can guide and assist an injured worker and also file a lawsuit on his or her behalf to get additional compensation.
Our team of Miami construction accident lawyers know how to effectively deal with Attorneys and Insurers of the employers, owners of construction sites, parties in charge of construction sites and third parties who try to deny the plaintiff’s claim or reduce the claim value significantly.
CONTACT A MIAMI CONSTRUCTION ACCIDENT LAWYER.
If you or your loved one has been injured in a construction accident, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced Construction Accident lawyer at our firm for a free case evaluation right away.
Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.