There are a lot of good reasons that constructions workers are required to follow strict safety protocols. A variety of activities performed at the same time by employees, contractors and subcontractors coupled with dangerous equipment and work site blind spots can easily create an accident. Obviously, the type of work and the safety measures in place impact the risk. Additionally, when workers don’t follow safety requirements, people get hurt.
Construction Accident Compensation
There are two avenues that workers are entitled to pursue when they are injured on a construction site:
Workers’ Compensation Insurance – “Workers Comp” allows you to request a range of benefits while you’re injured, such as income protection, medical bill reimbursement, settlement and permanent disability payments.
Personal Injury Lawsuit – If your injury occurred because of an equipment defect or negligence, you can take the responsible party to court to pursue financial compensation.
Understanding Negligence Law
Contractors and subcontractors in Florida receive some protection from personal injury lawsuits because they agree to work within the requirements of the workers’ compensation system. This protection is referred to as “personal injury claim immunity.” Acts of gross negligence or intentional injury aren’t usually protected. A judge decides, on a case-by-case basis, whether a jury must decide the matter. For example:
An HVAC subcontractor failed to appropriately alert other workers about a cutout he created when he finished his work. He also failed to follow the on-site safety protocols that required that he make sure the area would be safe for others when he was done. A drywall finisher died after falling when his ladder slipped into the cutout. Although the family could collect workers’ compensation, they filed a personal injury lawsuit for gross negligence naming the contractor and subcontractors as responsible parties. In this case, the Florida Court of Appeals decided that the subcontractor could not claim immunity and that a jury would need to decide the case.
Ask For Help
A personal injury lawyer in Florida has the knowledge and expertise needed to help clients better understand their unique legal positions. If you or someone you care about has been the victim of a construction site accident, contact us today for assistance!
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