There are few industries that carry the risk of injury more than construction. The greatest risk of injury in the construction industry is falling. Construction sites are littered with all types of materials that can create a falling hazard. Workers are often working at heights on shaky scaffolding, ladders, on I-beams or planks. A falling worker also is likely to strike something other than soft dirt. Despite the efforts of construction firms to offer safety classes to raise awareness and lower risks, falls are still commonplace on construction sites.
Construction workers are constantly surrounded by hazards such as materials being moved, exposed pipes and wires and slippery or unstable surfaces. One wrong move can mean the difference between returning home at the end of the day or to being rushed to the emergency room. It is also the experienced worker that is the most likely to become the victim of a fall on a construction site. This is because workers feel more comfortable in their environment over time and become less aware of the dangers that are present. Falls may be the fault of a workers own action such as over extending their reach or simply losing balance. But they are often the result of the negligence or carelessness of another person.
A construction worker who is injured from a fall may suffer broken bones, spinal injury, head trauma or internal injury. These injuries can result in paralysis and even death. Construction companies are required to carry worker compensation insurance that will pay for the medical expenses of any worker injured on the job. Workers compensation also protects the employer from a lawsuit following an on the job accident. Workers compensation does not pay for pain and suffering, lost wages or recover punitive damages. It also does not guarantee that the injured workers job will still be there if and when the person is able to return to work. It is also common for a workers compensation insurance company to claim the injury is less severe than it is. For these reasons, a worker who is injured on the job should retain the services of a construction accident attorney as soon as possible.
When considering the scope of a construction site, one fact becomes apparent. There are workers present who are from many different trades, many of whom are subcontractors. Workers compensation only protects the direct employer such as an electrician working for an electrical construction company or a carpenter working for a framer. If an electrical contractor leaves a loop of wire exposed causing the carpenter to fall the carpenter may file a claim against the electrical construction company as that is not his employer. Often times the injury could be the fault of the property owner, another subcontractor, a delivery company, or equipment operator. The injured employee may sue any third party for in addition to filing a workers compensation claim. He must also be aware that any compensation paid by the workers compensation insurance company may be required to be paid back if a claim against a third party is successful.
Avoiding the Snares
A construction accident attorney is familiar with all of the entanglements and pitfalls regarding a construction accident claim. When a serious accident occurs it is common for one insurer to point the blame to another party who passes the blame onto yet another. An experienced construction accident attorney will have the resources to thoroughly investigate the accident and reconstruct exactly what occurred and why. The attorney may choose to name multiple parties in the law suit.
A serious fall can create life altering injuries resulting in a person losing their livelihood forever. They may have medical bills in the future for corrective surgery, rehabilitation, physical therapy, psychological treatments, at-home care, and physical assistance equipment. There are limitations on how much an injured worker can collect. Most workers compensation insurance is written at the state of Florida minimum of $100,000 per occurrence. The insured has the option of providing additional coverage but most do not. The long term cost of a debilitating accident may be 20 times the state minimum or more. In addition the workers compensation insurance company chooses the doctor that determines the overall prognosis. The insurance company has vetted the doctor and their goal is to prove that the injuries are less severe and shorter term.
A skilled construction accident law firm will have the medical experts available to provide an unbiased opinion regarding your injuries. They will be ready to sue multiple parties if necessary and to take your case through the court system to achieve the maximum award possible. Dolman Law Group is that law firm. If you or a loved one has been injured in a construction accident, get in touch with Dolman Law Group today. Do not wait as the time for filing a suit runs out quickly. Call our offices today at (727) 853-6275 for a free consultation.
Dolman Law Group
5435 Main Street
New Port Richey, FL 34652