Construction Accident Lawyer in Pompano Beach, Florida Fights for Victims Rights

Common types of construction site accidents

The deadliest types of construction accidents are what OSHA has termed the Fatal Four:

• Falls — Many construction workers must work at a height on a ladder, a scaffold or a partially completed structure.
• Struck by an object — Falling objects from a height can easily cause fatal bodily trauma.
• Electrocution — Workers on a busy construction site must always be aware of the presence of power sources and cables.
• Caught in or in between — This category often refers to workers trapped and crushed in unreinforced trenches.

Together, these four types of accidents account for 60 percent of construction site deaths.

When accidents such as these are not severe enough to be fatal, they can have dire consequences. Common injuries include:

• Concussion and traumatic brain injury
• Spinal cord injuries and paralysis
• Punctures and lacerations
• Crush injuries
• Burns and disfigurement
• Electric shock injuries
• Back and neck injuries
• Fractures
• Catastrophic injuries
• Loss of limb/amputation
• Strains and overexertion

Such severe injuries can lead to permanent disability, chronic and severe pain, loss of income, and loss of quality of life.

Safety lapses on construction sites

Given the inherent risks of construction work, you would think that contractors as well as workers would be hyper vigilant about safety. Unfortunately, that is not the case. OSHA sets workplace safety standards and cites industries for violations. Of the 10 most frequently cited violations in FY 2020, several

• Fall Protection — The number one cause of accidental death is also the most frequent standard violated.
• Scaffolding — Poorly constructed scaffolding places workers at a high risk, yet this is the fourth most frequent standard to be violated.
• Ladders — The fifth most cited violation also puts workers in jeopardy of a catastrophic fall.
• Fall Protection Training Requirements — Training saves lives, yet too many employers do not offer training or check whether their workers have received training.

In addition to the Fatal Four, vehicle accidents take a heavy toll on construction workers, especially during roadwork. In roadwork accidents, the majority of injuries and fatalities are caused by passing automobiles and commercial trucks.

Who is at fault for a construction accident?

According to OSHA, 80 percent of construction accidents are the person involved. Unsafe acts by workers are four time more likely to cause an accident than an employer’s safety violation. Reasons for such accidents include:

• Hasty actions and shortcuts
• Overconfidence in the face of obvious danger
• Starting a work task with incomplete instructions
• Poor housekeeping creating hazards
• Ignoring safety procedures or taking a “casual” attitude that leads to “casualties.”
• Mental distractions
• Failure to pre-plan and conduct a job hazard analysis

However, the careless person doesn’t always harm himself. The lapses noted above can also lead to an accident that injures another worker.

Construction sites are busy, and at time chaotic. Accidents can be caused by:

• Employer’s safety violation
• Injured worker’s negligence
• Another worker’s negligence
• Defective machines and equipment

How a worker is compensated depends greatly on his or her relationship to the responsible party.

Types of construction accident claims and lawsuits

Is your remedy limited to workers’ compensation, or can you sue for personal injury? Your rights as an injured construction worker depend on who caused the accident, as follows:

• Self — Workers’ compensation is the sole remedy. This no-fault form of insurance protects employees from work-related injuries even when they are responsible. Exceptions include deliberate self-harm and flagrant violations of company policies, such as horseplay.
• Employer — In Florida, an injured worker cannot sue an employer for ordinary negligence. In such cases, workers compensation is the only remedy. However, when an employer intentionally injures a worker or creates a situation where there is a “virtual certainty” that workers will be injured, the injured worker may sue.
• Coworker — An injured worker cannot sue a negligent coworker, but may sue for an intentional injury, such as an assault.
• Third party — A person or a company is considered a third party if there is no employer-employee relationship with the injured worker. On construction sites, this frequently happens when subcontractors are brought on site. Various workers employed by different entities are occupying the same space and can create hazards for each other. If a negligent worker from another entity caused your accident, you can sue that company for personal injury.
• Defective equipment manufacturer — If faulty equipment causes an accident, the manufacturer of the equipment is considered a third party and can be held liable for personal injury in a products liability action.
• Negligent drivers — When a driver strikes a roadside construction worker, the case proceeds as an auto accident. The worker may be entitled to full personal injury or wrongful death compensation.

When you see us for your free case evaluation, we can explain your rights and the best course of action to recover maximum compensation.

• Advantage of a personal injury lawsuit versus workers’ compensation

  Workers’ compensation provides a range of benefits, including partial wage replacement at roughly two-thirds of average earnings, medical treatment, disability and death benefits. By contrast, a personal injury lawsuit allows the worker to pursue these damages:

  • Present and future lost earnings at 100 percent
  • Medical costs present and future
  • Cost of rehabilitation
  • Physical pain
  • Mental suffering
  • Loss of quality of life
  • Loss of enjoyment of life
  • Loss of consortium

  A personal injury lawsuit enables the accident victim to recover substantially more compensation, even after deducting for attorneys’ fees. In cases of fatal injury, the compensation for a wrongful death action would easily surpass the death benefits offered through workers’ compensation. Whenever possible, a lawsuit for negligence is the better option for financial recovery.

  FAQ: Can I sue for personal injury if I’m already collecting workers’ compensation?

  The answer is yes! You should immediately file for workers’ compensation following any work-related injury. If you later find out you have the right to sue for negligence, you can file suit. However, if you receive damages in the same category as your workers’ compensation (e.g., lost earnings, medical bill payments, etc.) you must reimburse the workers’ comp insurer. But remember, a lawsuit should pay 100 percent of lost earnings as well as pain and suffering, so you are still likely to recover much more, even after paying the reimbursement and your attorney’s fees.

  Right of undocumented workers injured in construction accidents

  Employers in the construction industry frequently hire non-union and undocumented workers to keep costs low on projects. When an undocumented worker is injured, they often fail to report the injury for fear of revealing their immigration status. This can mean going without any compensation for a disabling injury. If you are an undocumented worker, you should understand that you have the same rights to recovery as any other worker. For your sake, and the sake of the family you’re working to support, you should consult a construction accident attorney to learn about your options.

  Personal injury to passersby at construction sites

  Construction accidents don’t only injure workers. Each year, passersby are injured in a variety of ways:

  • Crane collapses
  • Falling objects, such as tools or materials
  • Falling/flying debris
  • Malfunctioning equipment
  • Errant vehicles
  • Roadway debris
  • Electric shock hazards
  • Tripping hazards

  Construction sites are supposed to be sealed off to protect the public, but fences and scaffolds can be flimsily constructed, and egress/ingress from the site may not be safely managed. If you are injured while lawfully in the vicinity of a construction site, you may be eligible for personal injury damages. By speaking to Ken M. Frankel, you can better understand your rights and the best course of action for obtaining compensation.

  FAQ: How much does a construction accident lawyer cost?

  It costs you absolutely nothing to consult a personal injury attorney for your construction accident. Even better, if the attorney takes your case, you pay nothing up front for services. In what is known as a contingency fee arrangement, the attorney finances the litigation in return for a percentage of the amount your recover, plus reimbursement for expenses.

  Why choose our construction accident law firm?

  While the law makes it easy to file a workers’ compensation claim, pursuing full personal injury compensation through a negligence lawsuit is another matter. To prevail in a construction accident lawsuit, you have to prove four keys elements:

  • Duty — The person who harmed you owed you a duty of reasonable care.
  • Breach — The person who harmed you breached that duty with a careless, reckless or deliberate act or omission.
  • Causation — The breach of duty directly caused your injuries.
  • Damages — As a result of the injury, you suffered economic and noneconomic losses.

  Because of the complexities involved, you need an experienced attorney who is able to:

  • Investigate the facts
  • Identify parties who might be liable
  • Gather evidence to support your claims
  • Draft your complaint
  • Negotiate with insurance companies
  • Advocate for you in court if necessary
  • Make sure you are able to collect the funds due from your settlement or judgment

  You also want a lawyer who will be sensitive to your situation, communicate candidly with you, and keep you apprised of all developments. Having confidence in your attorney will give you peace of mind throughout the process, which can be quite lengthy.

  Contact an experienced construction accident attorney in Pompano Beach, FL

  Law Office of Ken M. Frankel, P.A, represents clients injured in construction accidents in Broward County and throughout South Florida. To schedule a free consultation, Call Us Today: 954-784-0800 or contact our office online. We are conveniently located at 71 Northeast 27th Avenue, easily accessible from Rt. 1 and East Atlantic Blvd. If your injuries prevent you from visiting our office, we can come to your home or hospital room.