Construction Accidents

In Florida, there always seems to be a construction project in gear whether it is government, commercial or residential related. When a person is injured as a result of a Jacksonville construction accident or incident, there are essentially two types of cases that may be pursued: 1. Worker's Compensation Case; or 2. Third Party Case.

A worker's compensation case in Florida is governed by Chapter 440, Florida Statutes which sets forth the time limits, compensation schedules, medical treatment processes, and other related matters. If a case is subject to Chapter 440, Florida Statutes as a worker's compensation case, fault for the accident or injury is not required to be established. In fact, the injured worker may end up being 100 percent at fault for the incident due to carelessness on the job but can still collect and pursue worker's compensation benefits.

If a third party that is not the employer or an entity entitled to worker's compensation immunity through the employer, then a third party action can be pursued against another party. The third party case can be pursued in addition to and concurrent with the applicable worker's compensation case.

As an example, let's say that a construction worker is on a scaffold doing some work on a building. A vehicle operated by a business that has nothing to do with the job site crashes into the scaffolding when the driver was distracted while texting on his phone. Under this fact scenario, a case can be brought as a third party negligence case against the driver, owner of the vehicle, and the company that employed the driver. A separate worker's compensation case be brought through the employer's worker's compensation insurance carrier as well.

Falls are among the most common types of incidents at a construction site including falls on the ground or floor level and falls from heights. It is the falls from heights including those from roofs that can cause the most serious personal injuries or even death from the incident. Certainly, it is important to equip both the work site itself with safety precautions including railings and the workers with industry approved harnesses. Again, in most worker's compensation related incidents, even partial or whole employee faults are not roadblocks to pursuit or recovery of a Jacksonville worker's compensation claim.

While on a construction site, an employee or visitor may be injured by a piece of equipment including but not limited to forklifts, tractors, cement trucks and mixers, heavy operating equipment, saws, jack hammers, etc. . . The incident or accident may stem from a piece of equipment that malfunctions, operator error or carelessness, or, yes again, the negligence or fault of the employee or construction worker.

At construction sites, there is also the risk of burn injuries and electrocution. Because a construction project is a work in progress, there are often open and hidden dangers on site that can expose the worker or other person to a burn or electrocution type of injury. To the extent possible, the risks of these injuries should be lowered as much as possible with property safety measures and barriers.

When there is an accident or injury on a construction site, it is important for the matter to be reported to the foreman, job site manager and other responsible individuals and entities. Once the immediate and necessary medical care is obtained, it is also important for the injury victim to seek out legal advice to determine the applicable laws in place and the rights of compensation and recovery for the injuries / damages sustained.

David Alan Wolf is an experienced Jacksonville construction accident lawyer who handles personal injury cases throughout the State of Florida. David is a lifelong Floridian and a Double Gator Graduate of the University of Florida. He has handled personal injury cases throughout the state with a strong work ethic and passion to get the case through to its rightful conclusion on behalf of the client.

With David Alan Wolf, you get an experienced attorney who truly believes in Giving a Voice to Injury Victims and Their Families.