After a work-related injury in Florida, determining whether you are entitled to sue your employer or another contractor can be difficult due to complex employment rules. Miami personal injury DDR Lawyers can assist you in determining what rights you have and who is responsible if you are involved in a legal dispute.
An employee can only sue an employer if they can show that the injury was deliberate or that the employer had “virtual certainty” that it would happen.
The strict standards of workers’ compensation make it the most popular remedy for workplace injuries. When a worker gets injured on the job, workers’ compensation insurance must be provided. Employees who are injured can collect workers’ compensation benefits rather than file a lawsuit.
Construction accident lawsuits in Florida
The phrase “the big bargain” is sometimes used to describe workers’ compensation. The workers forgo their right to sue their employers for personal injury damages in exchange for more reliable but less substantial benefits.
It emerged from the Progressive Era of workers’ rights. However, as time passed, the workers’ view of the deal significantly diminished. Workers’ compensation may not cover additional damages, like pain and suffering, mental suffering, and loss of consortium.
Regarding construction accidents, the injuries are frequently severe, and multiple defendants may be involved.
Therefore, injured workers or their families should contact an expert personal injury attorney immediately. Time is of the essence for collecting vital evidence, contacting witnesses, and obtaining other information.
The following are a few claims that can be filed by persons injured on construction sites aside from workers’ compensation (which does not cover the same amount as personal injury claims):
- The property’s proprietor. Premises’ responsibility, or failure to keep the location reasonably safe, would be the basis for these claims.
- Other individuals or organizations influence the property. In other words, it would mean entities other than one’s employer, such as a general contractor, subcontractor, etc., who failed to maintain a safe construction site.
- Drivers. CDC statistics indicate that motor vehicle accidents account for 11% of work-related deaths in the United States, accounting for most work-related deaths. Those at fault for careless driving can be held accountable.
- Manufacturers of goods. Many construction accidents are caused by manufacturers of machines and tools failing to confirm that their products are safe for routine use.
- A government organization. Sometimes, government entities are responsible for ensuring the safety of construction sites, especially public ones. The responsibility is dependent on the contract between the construction firm and the government entity.
Accordingly, if you are injured on a construction site, your employer may be liable for both workers’ compensation benefits and damages caused by the negligence of another contractor.
Many contractors usually accompany construction works, and several organizations must work together to accomplish the project. However, the same restrictions that limit an employee’s ability to sue their employer do not apply to other contractors or subcontractors working on the same site.