Boca Raton Construction Accident Attorney
At Barthelette Law, we handle a variety of personal injury claims. In addition to handling car accidents, bicycle accidents, and other injury claims, we also handle construction accidents. Yes, we are a Boca Raton Construction Accident Attorney.
Construction-related injuries, including warehouse accidents, office accidents, construction site accidents, industrial site accidents, and other on and off-site accidents, could mean you lose out on income from work, have medical bills to pay, experience ongoing pain and suffering, or lose out in doing what you love. Additionally, your activities of daily living, or ADLs, which include sitting, walking, and sleeping, may be impacted by your construction accident. The state of Florida has many of its own negligence (and other) laws, especially when it comes to dangerous environments like construction worksites. A personal injury accident at a construction site in Palm Beach County should lead you to search out an experienced, local Boca Raton construction accident attorney who can help you with your third-party claim.
The number of construction accidents in south Florida is quite surprising. Over the past decade-plus, Boca Raton and the surrounding cities have seen a large-scale boom in the real estate market. A recent Boca Raton construction site injury inside the St. Andrews Country Club just off of the Florida Turnpike and Clint Moore Road, for example, left the construction worker hospitalized. Construction sites are potentially risky for falls, falling objects, car accidents, and other injuries.
Construction workers are at it day and night, expanding our ever-growing city. As would be expected, many areas of the job sites are dangerous, requiring hard hats, proper attire, and other special protective gear. What is more, construction accidents are not limited to construction workers but also pedestrians, bystanders, bicyclists, and drivers. Indeed, anyone near or close to a construction site may get hurt as a result of a negligent act or practice coming from the construction site or project.
While many of the potential personal injury possibilities have been accounted for, not all the appropriate preventative measures may have been taken to protect the workers, and others near the construction site, from serious injury. The risks you are taking should not be held lightly.
Construction Accident = Serious Injury + Medical Bills + Lost Wages + Pain And Suffering
To cover all of the economic and non-economic damages suffered by injured victims of a construction accident, financial compensation, typically paid by insurance companies, is handled by a construction accident lawyer in a personal injury claim. This is not an easy transaction, as you might guess. The personal injury claim of the accident victim should cover all the current and ongoing expenses and lost income associated with the construction accident injury. Your construction accident attorney will help you navigate the personal injury claim process, come up with a customized action plan for your specific construction accident case, and keep you up to speed throughout the entire process. You will be working hand-in-hand with your personal injury lawyer, especially in the beginning where the fact-finding mission starts.
Below are frequently asked questions concerning construction accidents, and those who are looking for a Boca Raton Construction Accident Lawyer.
Table of Contents
The following is a list of frequently asked questions regarding construction accidents and construction-related accidents.
(1) I Was Injured In A Boca Raton Construction Accident. Can I Sue My Employer, Or The Property Owner?
(2) What Are Common Construction Accident Injuries?
(3) What Will It Take To Win A Construction Accident Injury Lawsuit?
(4) Are There Things That Can Cause Problems With My Construction Accident Injury Lawsuit?
(5) What Is A Catastrophic Injury On A Construction Sites? What Might Happen To Me?
(6) Should I Talk To A Construction Accident Lawyer Immediately After My Injury?
(7) How Long Do I Have To Wait For My Compensation After An Injury From A Construction Accident?
(8) What If The Construction Injury Caused The Wrongful Death Of A Loved One?
(9) How Do I Deal With My Florida Construction Injury?
(10) How Does A Boca Raton Construction Accident Lawyer Take On Insurance Companies?
(11) What Kind Of Evidence Is Used To Prove Fault?
(12) Who Can Be Held Liable For A Person’s or Worker’s Injury At A Construction Site?
(13) What Types of Construction Accident Claims And Cases Are There?
(14) What Damages Can I Recover In My Construction Accident Lawsuit?
(15) What Are OSHA Standards For Construction Worksites?
(16) Do I Need A Construction Accident Attorney In Boca Raton If Workers’ Compensation Is Paying?
(17) How Do I Speak With Someone At Barthelette Law For A Free Consultation For My Construction Accident?
(1) I Was Injured In A Boca Raton Construction Accident. Can I Sue My Employer, Or The Property Owner?
If you are working in Boca Raton, generally most construction workers are covered by workers’ compensation. This is an insurance policy that will help cover your lost wages and medical expenses due to a work-related injury. If workers’ compensation is covering the cost of the injury, it will cover your medical expenses, like surgeries, emergency room visits, rehabilitation, medications, etc. Most employers with workers’ compensation insurance do not have legal liability for those injuries suffered on the construction worksite, absent certain exceptions.
At the same time, there are circumstances where a third party is the cause of the accident injury and changes the course of the legal process. Say, for instance, your construction team was working off the side of the road and a negligent driver caused an accident and you were the injury victim. That negligent driver, not the employer or your co-workers, could be sued for damages from the car crash.
(2) What Are Common Construction Accident Injuries?
There is no shortage of dangerous situations faced by construction workers and people near construction sites. Some common injuries that occur at or near construction sites include:
– Slip and fall, uneven surfaces, holes in the ground, slippery or slick floors, walking into objects
– Falling from heights
– Collapsed scaffolding
– Failure to use appropriate protective equipment or gear
– Hit by falling objects
– Repetitive motion injuries
– Eye injury, retina damage, blindness, visual impairment
– Crush injury
– Crash or collision injuries from an auto accident, truck accident, heavy machinery injury
– Crane accidents, motor vehicle accidents
– Burns
– Electrocution
– Brain damage or traumatic brain injury, head injury, mental confusion, forgetfulness, concussion
– Broken bones
– Lifting injury, neck or low back injury sprains and strains
– Muscle strains
– Torn or injured ligaments
– Hand, feet, arm, and leg injuries, including hip and shoulder injuries
– Cuts, lacerations, and amputations
– Spinal cord injury, quadriplegia, or paraplegia
– Exposure to hazardous chemicals, chemical burns
– Inhaling toxic fumes at an industrial site
– Inadequate security
– Sudden or prolonged loud noises
– Defective construction equipment
– Accidents that lead to death, wrongful death
(3) What Will It Take To Win A Construction Accident Injury Lawsuit?
A personal injury attorney well experienced in construction accidents will perform a detailed intake during the initial consultation and carefully investigate the accident. Shortly thereafter, the accident attorney will either let you know there is no case to pursue (which is a good piece of mind, really) or create a preliminary case strategy plan and begin working on your case.
Importantly, to win your case your attorney must find evidence of negligence. That it, another party’s fault or conduct directly caused your injuries.
Your personal injury attorney should have the experience and resources to file and prosecute your construction accident case, gather the necessary evidence supporting your case, and put your case in a position to receive a favorable settlement.
(4) Are There Things That Can Cause Problems With My Construction Accident Injury Lawsuit?
Yes, there are things that can cause problems with your potential construction accident case.
Delay can cause potential problems with your construction accident case. In fact, the delay might adversely affect your injury claim.
This means it is important to start the legal process sooner than later. If someone was injured on a worksite, the company will more than likely look to fix that problem. That’s absolutely the right thing to do to prevent any other future injuries, but that does not help out your current case. You’ll want pictures of the worksite to help prove your case.
Even though not all conversations with an attorney lead to a lawsuit, it is still in your best interest to be proactive, seek out a construction injury lawyer, and discuss your case. Most personal injury attorneys will not charge you a fee for this consultation. But should your case help prevent you from future hardships, then your personal injury attorney will likely point out how to proceed and aggressively pursue the compensation you deserve.
(5) What Is A Catastrophic Injury On A Construction Sites? What Might Happen To Me?
Some injuries will leave you unable to perform previous jobs. These injuries often involve brain injuries and spinal cord injuries – both of which can be life-changing. For some, that might mean a possible claim to cover the financial burden, especially if surgeries, prolonged hospitalization, and ongoing therapy and care are required.
Generally speaking, a catastrophic injury is one that alters your life in such that you can no longer work. According to 42 U.S.C. § 3796b, a catastrophic injury is “an injury, the direct and proximate consequences of which permanently prevent an individual from performing any gainful work.”
The thought of no longer being able to provide for your family in the way you’re trained can lead to additional mental anguish. And, it can take significant time, effort, and expense to learn a new skill or prepare to enter a new career through additional schooling. A single accident can uproot your entire life.
(6) Should I Talk To A Construction Accident Lawyer Immediately After My Injury?
Many accident victims are hesitant to start a personal injury claim, even if they know the accident lawyers provide a free case review with no strings attached.
Why is this?
We believe many accident victims are embarrassed to have a claim. They think it’s inappropriate to bring a personal injury claim and that if their injuries heal quickly they can get past their problems.
In other instances, accident victims think they can simply overcome the accident and injury through their own strength and willpower.
But here’s the rub: building up the mental toughness and optimism – “I’ll get past this if I give it some time” – doesn’t always serve your best interest.
Coming to terms with your new reality things might be different going forward can be challenging.
Even off-putting.
But remember: having a discussion with a construction accident lawyer is not the same as filing a lawsuit. It is just the first step to find the most appropriate course of action.
It could be there are no legal actions to pursue. Or it could be that filing a lawsuit is the most appropriate way to proceed. You do not know until you have consulted with a construction accident attorney.
Speaking to a construction accident personal injury attorney helps take the subjectivity out of things. A local Boca Raton accident lawyer will not only be knowledgeable about the local, state, and federal laws but might also be able to personally inspect a construction site.
Serious injuries will change the direction your life was heading. Having a construction accident injury lawyer as part of your team, along with your medical team and family support system, puts you in the position to make the best decision for you and your family, taking emotions largely out of the equation.
At Barthelette Law, a free consultation is just that: a no-obligation consultation to determine if you require help in defending your legal rights. And then, we work on a contingency fee basis, which is a common type of agreement where our legal team only gets paid if we win.
(7) How Long Do I Have To Wait For My Compensation After An Injury From A Construction Accident?
If your payment is coming from worker’s compensation, then you should expect a timely payment.
That’s not the same for third-party claims using a PI attorney. It is difficult to assess the case value immediately, as the window for physical recovery typically takes weeks, months, or longer. Before you begin settlement negotiations, you need to know your damages and case value.
After your physical recovery, you can usually expect settlement negotiations to happen between the insurance company and your construction accident attorney. Both sides will have extensive knowledge of the law, potential medical costs, and the wellbeing of the construction accident victim going forward.
If the settlement negotiations do not result in a settlement, then the next step is to file a lawsuit, usually in state court. As you might expect, litigation can take time. It is not uncommon for third-party negligence claims to last 18 months or longer. Typically, the more severe the injury the longer the case will take.
(8) What If The Construction Injury Caused The Wrongful Death Of A Loved One?
One in five worker deaths last year were in construction.
Yes, the risk of working in construction is high. In the state of Florida, there is The Florida Wrongful Death Act (§ 768.16 – 768.26) that allows family members of the deceased to bring a wrongful death lawsuit against a person or entity. This can be brought by a spouse, child, parent, blood relative, or adoptive sibling of a person who suffered the wrongful death.
Wrongful death is “the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.”
If a construction accident caused death, the survivors can claim compensation for damages, including:
– Lost support or services
– Lost companionship and protection
– Pain and suffering
– Lost parental companionship and life guidance
– Medical and funeral expenses
If you lost a family member, you should look to speak to a personal injury attorney to discuss your case, filing a claim, and recovering compensation for damages.
(9) How Do I Deal With My Florida Construction Injury?
A construction accident tends to lead to serious injuries due to the dangerous environment. If you have been injured in an accident at or near a construction site, you could find yourself not only in bad medical condition but in a bad financial situation. It does not take long for the bills to pile up if no income is being made.
Injuries are not just one-off events. They are compounding. That means small injuries can add up, and each injury you sustain leaves you more susceptible to more problems later.
Take concussions for instance. We know that concussions continue to build one on top of the other. We see this with head injuries in boxers and football players. It is no different if you get a head injury on a construction site.
And brain injury is not the only bodily injury that wears down from repeated trauma. Ligament sprains leave weaker ligaments. Repeated soft tissue injury causes scar tissue. Exposure to loud noises has an ongoing impairment of your hearing.
The first thing you should do to deal with your construction accident is to put your health and recovery first. Get medical attention right away – do not ignore your health or potential injuries. Get the medical care you need.
Next, if you were hurt or injured at or near a construction site, then your best bet is to seek legal counsel from a personal injury attorney who deals with construction injury lawsuits. Most personal injury lawyers in Florida, including Barthelette Law, will not charge to speak to them about your case.
(10) How Does A Boca Raton Construction Accident Lawyer Take On Insurance Companies?
A skilled construction accident attorney is a thorough construction accident attorney. An attorney must be willing to spend the time investigating the accident to dig into the details and see what facts establish the liability of the negligent entity or party. This takes time, patience, tenacity, and commitment.
In a third-party accident claim, your financial recovery heavily relies on your construction accident lawyer’s ability to find and prove liability. They will look for where someone breached a duty of care. This is a legal obligation to not act in such a way that puts a person in harm’s way. Examples would be the proper use of equipment, maintaining highway safety and avoiding driver negligence, adhering to scheduled maintenance of equipment or tools, or talking on a cell phone while operating a motor vehicle. If a person’s injuries were caused by this lack of adhering to the duty of care, then a damages case can be pursued.
Knowing these issues is a key component of a favorable resolution, so finding the right construction accident legal team is critically important.
(11) What Kind Of Evidence Is Used To Prove Fault?
Because every construction is different or, put differently, no two construction accidents are the same, the evidence needed to prove fault for your construction accident will be unique to your specific construction accident.
Just as you would with a car accident claim, you (or someone present) will want to take pictures of the accident scene if you and all the other people are clear and safe. This is because the accident scent may clues or evidence of a party’s fault. The more evidence you are able to obtain, the better.
Make note of any other participants in the accident and witnesses present. While you might know some of the people, Boca Raton is far too large to rely on finding your witnesses after the fact. If you can get their contact information, please do so. Witnesses may have seen the accident, and have helpful testimony about your potential accident case.
If there is any equipment that caused or played part in the construction accident, make sure to take a picture or document what it was, serial numbers, or any other identifying information.
While we understand an injury can leave a victim incapacitated and unable to collect evidence if you are able go ahead and do so.
Your accident lawyer can later assist you with collecting more specific material, like equipment maintenance logs, employee training verification, safe workplace practices and protocols, proper signage, and other information that will help establish your injury case.
(12) Who Can Be Held Liable For A Person’s or Worker’s Injury At A Construction Site?
Given the potential size, complexity, and uniqueness of each construction accident, there are a number of parties and entities that could be held liable for your injury. They include:
– Construction site owner
– General contractor
– Subcontractor
– Manufacturer of defective equipment
– Other third parties
Each construction accident is different. To see what parties and entities might be responsible for your injury, you will need a construction accident lawyer to review the specific facts and circumstances of your claim.
(13) What Types Of Construction Accident Claims And Cases Are There?
There are several types of construction accident claims and cases. They include:
– Third-Party Personal Injury Claim: In this claim, the injured party or worker files a claim against a third party (generally not his or her employer). The injured party or worker must prove a negligence claim. The elements of a negligence claim are: (1) the third party owed a duty of care, (2) the third party breached the duty of care, (3) the third party was the cause of the accident, and (4) damages. The injured party or work must prove each element to establish a negligence claim.
– Worker’s Compensation Claim: In this claim, the injured worker or employee files a worker’s compensation claim, and does not bring a lawsuit against his or her employer. The injured worker or employee receives benefits under Florida’s workers’ compensation laws. Generally, the injured worker or employee has to establish he or she was injured and does not have to establish the fault of his or her employer.
– Wrongful Death Claim: If an employee or worker dies, his or her family might be able to bring a wrongful death claim.
– Product Liability Claim: If an employee or worker gets hurt as a result of a defective product or machinery, he or she might be able to recover against the manufacturer, retailer, and other parties in the chain of distribution.
Depending on the facts and circumstances of your claim, you might be able to pursue two claims at once.
For example, an injured worker or employee might be able to simultaneously pursue a workers’ compensation claim and a third-party personal injury claim.
(14) What Damages Can I Recover In My Construction Accident Lawsuit?
The damages you can potentially recover depend on the type of case. For a third-party claim, you can recover the following damages:
– Lost wages
– Past medical expenses
– Future medical expenses
– Past and future pain and suffering
– Loss of consortium for spouses
Each construction accident case is different, and so damages can vary from injured party to injured party.
(15) What Are OSHA Standards For Construction Worksites?
A construction injury attorney will have the knowledge and experience of working with violations of OSHA (Occupational Safety and Health Administration) standards.
OSHA has regulations to help ensure employers are properly managing the safety of their site. OSHA provides workers the right to a safe work environment without any retaliation or discrimination if OSHA is brought in to inspect any place of work.
While the regulations are designed to be clear and straightforward, it is not always easily understood by those who do not understand or practice law. While there are some companies that actively chose to not follow the standards and regulations set forth, there are far more employers who are negligent due to ignorance. If there is bad intent or not, it is still up to your employer to uphold its end of the bargain. This is especially true for dangerous workplaces, like construction sites, where injury prevention and adherence to OSHA standards should be a top priority of employers for the safety of their employees.
Here’s an example:
The employer is responsible for requiring the wearing of appropriate personal protective equipment in all operations where there is an exposure to hazardous conditions or where this part indicates the need for using such equipment to reduce the hazards to the employees.
1926.28(b)
Regulations governing the use, selection, and maintenance of personal protective and lifesaving equipment are described under Subpart E of this part.
While both sections are easy to understand, it does rely on your employer to have the ability to navigate to other sections to fully understand their responsibilities. Companies must put the correct amount of resources to understand and work through these regulations and to safely implement them in their construction sites.
At the same time, the employees also need proper training and education to carry out these regulations. That goes for both setting up a safe environment and acting in an appropriate manner. For companies ill-equipped and ill-prepared, workplace injuries due to negligence are more likely to happen. Safety should be the norm, not the exception. Should basic safety standards not be met and a serious injury or death results, the injury victim should seek legal representation for compensation to cover medical bills for any bodily injury causing physical or mental complications in accordance with Florida state and federal laws.
(16) Do I Need A Construction Accident Attorney In Boca Raton If Workers’ Compensation Is Paying?
Yes, you absolutely should have a complimentary consultation from a construction accident attorney even if your employer’s workers’ compensation carrier is paying a portion of your income and medical costs. This is because there are times when you may still have a separate third-party injury claim, in addition to having a workers’ compensation claim.
(17) How Do I Speak With Someone At Barthelette Law For A Free Consultation For My Construction Accident?
If you or a loved one has suffered an injury or was killed in a construction accident, make sure to contact us or call the office at (561) 246-4137 for a free case strategy session. If you decide to retain Barthelette Law, we will begin working on your construction accident case immediately.