Tampa Construction Accident Lawyer
Getting hurt on a construction site shouldn’t doom you to financial ruin. However, construction companies far too often treat injured workers unfairly. Our Tampa construction accident lawyers at Farah & Farah have been standing up for injured construction workers since 1979, and our experience makes all the difference. We’ve recovered more than $2 billion in settlements and verdicts and are ready to put our experience to work for you.
Construction accidents cause serious injuries that can put you out of work for a long time, even permanently. Our compassionate attorneys in Tampa, FL understand how important it is to get medical care and continue receiving an income when a job-related injury leaves you on the sidelines. We’re dedicated to helping those who need it most.
When you get hurt on the job, you may be entitled to wage replacement, medical care, and other damages. We’ll help you explore all your legal options, including workers’ compensation, a personal injury lawsuit, or both. Call us today at (813) 358-0490, and let us go to work for you.
Why Hire Our Construction Accident Attorneys in Tampa, Florida?
You’ll feel like family at our small, friendly construction accident law firm in Tampa. However, you can expect big results. Our Tampa lawyers have full access to the resources of our large Florida law firm, so we can go against giant corporations and win. Yet, you’ll also receive individualized attention from our team of caring lawyers. We will answer your calls, give your case the attention it deserves, and even check on your well-being.
We’re ready to handle all of the legal details of your Tampa construction accident case, including the following:
- File your workers’ compensation claim
- Appeal your claim if your benefits were denied
- File a construction accident lawsuit if your case qualifies
- Investigate your accident to identify all liable parties
- Advise you of your legal rights
- Fight for you in court if necessary
We treat every client with honesty, dignity, and respect. We want you to be able to focus on your recovery while we do the hard work. We charge no upfront fees, and you pay nothing unless we win. Contact us today to schedule a free case evaluation. We’re here for you and here for good.
We Get the Results Our Clients Hope for
We have achieved millions in successful settlements and verdicts for injured workers, including the following and more:
- $1.5 million wrongful death recovery for a worker who died due to poorly maintained machinery
- $1.3 million workers’ compensation recovery for a worker who developed complex regional pain syndrome on the job
- $1.3 million wrongful death recovery for the family of a truck driver fatally struck by a semi while working on a loading dock
- $800,000 recovery for a forklift driver who suffered neck and shoulder injuries while unloading a truck
- $227,942 workers’ compensation recovery for a worker after the insurance company delayed necessary surgery and downplayed our client’s injuries.
- $198,000 verdict for a worker who slipped and fell on water in a workplace break room
What Are My Legal Options After a Construction Accident?
You may be able to recover compensation for your medical expenses, lost wages, and emotional losses depending on your status as a worker and how your injury occurred.
Workers’ Compensation
If you’re an employee at a construction company, you are likely covered by workers’ compensation. Workers’ compensation is a no-fault insurance program. Under Florida law, most employers must carry workers’ compensation policies at their own expense.
When a worker is injured, workers’ compensation provides partial wage replacement and free medical care for work-related injury or illness. If you’re the surviving family member of a construction worker who died in the line of duty, you may qualify for workers’ compensation death benefits.
Personal Injury Lawsuit
If you meet the state definition of an independent contractor, you may be able to pursue damages through a construction accident lawsuit in Tampa, FL. Most construction workers are employees, even if they receive a 1099 or get paid under the table.
If you’re an employee, you cannot sue an employer covered by workers’ compensation except in limited circumstances. However, you may still be able to file a lawsuit against other parties that contributed to your injuries, such as a property owner, a negligent contractor, or the manufacturer of defective equipment.
Wrongful Death Lawsuit
When a loved one dies from a construction accident, the family may be able to file a wrongful death lawsuit.
The family may be able to pursue a wrongful death claim against the employer if the employer does not have a workers’ compensation insurance policy. However, if the employer had coverage, the family may still be able to sue any third parties that contributed to the accident, such as contractors and manufacturers of defective equipment.
Financial Compensation for Injured Construction Workers in Tampa, Florida
You may be able to recover compensation for financial and emotional losses stemming from your construction accident, depending on whether you qualify for workers’ compensation or a personal injury lawsuit. Our Tampa construction accident injury lawyers can determine the best path to recover compensation for you. Our clients often qualify for both.
Workers’ Compensation Disability Benefits Vary Based on Your Injury Details
Partial wage replacement is also known as disability benefits. Workers’ compensation disability benefits vary based on the extent of your disability, how long your disability will last, and the amount of your weekly wages. The chart below shows the types of disability benefits available.
| Type of Disability | Amount You’ll Receive | Duration of Benefit |
|---|---|---|
| Permanent Total Disability | 2/3 of your average weekly wage | Until you reach 75 |
| Temporary Total Disability | 2/3 of your average weekly wage | Until you can return to work or your disability is diagnosed as permanent |
| Permanent Impairment | 75 percent of your average weekly wage | Various time frames depending on your disability rating |
| Temporary Partial Disability | 80 percent of the difference between your post-injury and pre-injury average weekly wage | Until you can return to work or your disability is diagnosed as permanent |
If a temporary disability becomes permanent, your benefits will convert to permanent impairment or permanent total disability, as applicable.
The surviving spouse or dependent family members of a construction worker who dies from a job-related injury or illness may be eligible for death benefits. Workers’ compensation pays up to $7,500 for funeral expenses and $150,000 for lost wages. Our compassionate Tampa workers’ compensation lawyers can help you pursue the benefits you are entitled to.
You May Qualify for Additional Damages in a Construction Accident Lawsuit
Workers injured in construction accidents suffer losses beyond medical expenses and wages. A work accident may cause you to suffer emotional trauma and severe losses to your quality of life. You may need additional help performing household tasks and caring for your children. Workers’ compensation benefits don’t cover these losses. However, our construction site injury lawyers may be able to help you recover damages for all these losses and more in a lawsuit against certain responsible parties.
Non-economic damages in a personal injury lawsuit may include compensation for the following:
- Scarring
- Disfigurement
- Loss of enjoyment of life
- Disability
- Loss of bodily functions
- And more
In a wrongful death lawsuit over a loved one’s fatal accident, your non-economic damages may include loss of companionship, loss of love and affection, loss of parental guidance, and other emotional losses. You can also recover compensation for financial losses such as your loved one’s probable lifetime earnings had they survived and funeral expenses.
If you have clear and convincing evidence of deliberate misconduct or gross negligence by the defendant, our construction site accident lawyers in Tampa, FL, can pursue punitive damages. You could receive up to three times your economic and non-economic damages or $500,000, whichever is greater.
Determining Liability in Construction Accident Cases in Tampa
Liability for construction injuries varies based on whether you’re an employee or an independent contractor.
Liability for Employees’ Injuries
The workers’ compensation system aims to cover employees’ medical expenses and lost income without making them go through court proceedings to prove the employer was at fault. In exchange, employers are exempt from lawsuits for most injuries under Florida’s exclusive liability law.
The law makes an exception if an employer fails to purchase workers’ compensation coverage. It also allows you to sue the employer if you can prove the employer injured you on purpose or consciously exposed you to danger without your knowledge.
Even if you don’t have grounds to sue the employer, you may be able to sue someone else who contributed to your construction accident. Our skillful Tampa construction accident attorneys will investigate your accident thoroughly to identify other liable parties, such as the following:
- Manufacturers of defective equipment, such as ladders, scaffolding, and harnesses
- Property owners who allowed unsafe conditions
- Drivers or owners of motor vehicles
- Contractors who performed faulty repairs or created unsafe conditions
Independent Contractors Can Sue Employers
Independent contractors injured on a construction site can sue anyone who contributed to the injury, including the employer. However, most construction workers don’t meet the state definition of independent contractor.
Florida law defines an employee as anyone who receives compensation in exchange for performing work. It includes subcontractors, minors, and undocumented workers. Even if you receive a 1099 or get paid under the table, the law considers you an employee unless you meet the strict definition of an independent contractor.
To qualify as an independent contractor, you must operate a separate business that operates independently from the employer.
The law weighs several factors in determining whether you operate a separate business. Among those factors are whether you own your equipment, have a bank account in your business name, control the work, perform work for other businesses, and incur a profit or loss based on money spent and received.
Employers can face a $5,000 fine for each employee left uncovered by workers’ compensation insurance because of misclassification as independent contractors.
OSHA Regulations Require Employers To Maintain Safe Job Sites
Construction employers must implement safety programs to comply with OSHA guidelines. These regulations require construction companies to take the following measures and more to maintain a safe workplace:
- Perform site and equipment inspections
- Tag unsafe tools
- Only allow qualified workers to use equipment and machinery
- Provide the appropriate personal protective equipment
- Train employees
- Maintain safe conditions at all times to prevent accidents
Most Construction Injuries Stem From a Few Types of Construction Accidents
Approximately 169,600 Florida construction workers suffered injuries on the job in 2022. The Bureau of Labor Statistics reports that the private construction industry led the state in workplace fatalities in 2022, with 91 deaths, compared to 76 in 2021. More than half occurred in specialty trades, especially among foundation, structure, and building exterior contractors. Roofers accounted for 15 of the deaths.
According to OSHA, the four most common causes of construction accident injuries are falls, struck-by accidents, caught-in or between accidents, and electrocutions.
Slips, Trips, and Falls
According to Occupational Health & Safety, slips, trips, and falls were the leading cause of fatalities among construction workers from 2015 to 2019, accounting for 37.9 percent of all construction site fatalities.
The most dangerous falls common in the construction industry are those from heights. These falls occur when workers fall from ladders, scaffolding, or rooftops. They are often the result of a lack of perimeter protection, faulty safety harnesses, lack of safety equipment, and unmarked floor openings. The resulting injuries may include the following:
- Traumatic brain injury
- Spinal cord injuries
- Broken bones
- Blindness
Struck-By Accidents
“Struck-by” accidents occur when objects fly through the air, fall on workers, swing, or roll. Construction sites are busy areas with multiple activities happening at once. Employers must facilitate strong worker communication and require workers to wear personal protective equipment, such as hard hats, to prevent struck-by accidents.
Florida is tied with New York for the second-highest number of fatal crane accidents, with the Bureau of Labor Statistics reporting 16 crane-related deaths in Florida from 2011 to 2017. Approximately 60 percent of these workers were struck by the crane or by objects that fell from the crane. Cranes are dangerous machines that can collapse and land on workers.
Struck-by accidents can lead to serious injuries, such as crushed bones, severe head injuries, amputations, scarring, and death.
Caught-In or Caught-Between Accidents
So-called “caught-between” accidents occur when workers are crushed or pinched between objects. The most common causes of caught-in or caught-between injuries include the following:
- Getting crushed between objects that are rolling, sliding, or shifting
- Getting pulled into moving machinery
- Getting crushed when trenches, buildings, and excavations cave in
These accidents commonly happen when workers use heavy machinery, such as cranes and bulldozers, without following safety procedures. Caught-in and caught-between accidents can lead to severe injuries, including crushing injuries, traumatic brain injury, spinal cord damage, disfigurement, and death. In severe cases, workers have been cut in half or completely crushed when caught inside heavy machinery.
Electrocutions
Our Florida electrocution accident attorneys have represented numerous construction workers electrocuted at work. Electrocution can lead to severe burn injuries, cardiac arrest, loss of consciousness, and seizures. A worker who survives electrocution may suffer permanent brain damage. The most common causes of electrocution on construction sites include the following:
- Contact between water and electricity
- Faulty and exposed electrical wiring
- Unqualified workers attempting to make electrical repairs
- Damaged plugs
- Contact with power lines
- Lack of ground fault circuit protection
- Improper use of extension cords
What Is the Time Limit To File a Construction Accident Claim?
If you have grounds to sue an employer or a third party over your construction accident, you must file suit within two years of your injury under Florida’s personal injury statute of limitations.
For a workers’ compensation claim, you must report your injury to your employer within 30 days of the accident to receive benefits. If your employer or the insurance company denies your claim, stops your benefits too soon, or pays less than you deserve, you have up to two years to file a workers’ compensation petition.
Don’t wait to contact a qualified Florida construction accident lawyer in Tampa, FL. Your attorney must investigate your access while the evidence is still fresh. Contact us today to protect your claim.
Get in Touch With Our Construction Accident Attorneys in Tampa
You need not face financial ruin when a construction injury prevents you from earning a living. Don’t let your employer or the insurance company bully you into thinking you don’t deserve fair compensation.
Our Tampa construction accident lawyers are committed to helping you recover the maximum award available as soon as possible. Call us now at (813) 358-0490, and let Team Farah go to work for you.
Why Hire Our Construction Accident Attorneys in Tampa, Florida?
What Are My Legal Options After a Construction Accident?
Financial Compensation for Injured Construction Workers in Tampa, Florida
Determining Liability in Construction Accident Cases in Tampa
OSHA Regulations Require Employers To Maintain Safe Job Sites
Most Construction Injuries Stem From a Few Types of Construction Accidents
What Is the Time Limit To File a Construction Accident Claim?
Get in Touch With Our Construction Accident Attorneys in Tampa
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