One wrong step on a construction site can change everything. A worker can fall from a height, get caught in heavy machinery, or be struck by an object without much warning. The resulting injuries can range from broken bones and severe burns to brain and spinal cord injuries that require long-term care. These aren't minor workplace mishaps. Common construction accident injuries can be serious, costly, and life-altering. After an accident in Fort Lauderdale, it's important to understand your rights and the parties who may be responsible.
The dangers on a construction site aren't limited to one type of accident. OSHA's Fatal Four categories include falls, struck-by hazards, electrocution, and caught-in or caught-between accidents. Each can produce some of the most serious construction accident injuries, including brain and spinal injuries, burns, amputations, and crush injuries.
Depending on what hits them and where, they may suffer broken bones, traumatic brain injuries, spinal injuries, internal injuries, lacerations, crush injuries, or even amputations. In severe cases, a struck-by accident can be fatal. A worker who survives a fall may still face a traumatic brain injury, spinal injury, broken bones, internal injuries, paralysis, or other permanent complications.
A struck-by accident is when a worker is hit by something. It could be by a vehicle, crane, suspended load, construction debris, or falling objects. A person outside the construction site can also be injured if materials or debris are thrown from the work area. Depending on what hits them and where, they may suffer broken bones, traumatic brain injuries, spinal injuries, internal injuries, lacerations, crush injuries, or even amputations. In severe cases, a struck-by accident can be fatal.
During construction, there could be exposed electrical wiring, energized equipment, or power lines that create an electrocution risk. In some situations, improperly installed electrical systems can create a hazard. When electrocuted, someone could experience nerve damage, burns, cardiac failure, or even death.
Caught-in and caught-between accidents occur when a worker is caught, compressed, or crushed between objects or equipment. Trench collapses are one example. Workers can also become trapped between machinery, vehicles, construction materials, or other equipment. Heavy machinery and construction vehicles can cause devastating crush injuries and amputations when workers are caught in the wrong place at the wrong time.
If you were injured on the job, workers’ compensation may be one source of benefits available to you. But workers’ compensation and a third-party personal injury claim aren't the same thing. In some cases, you may have a workers’ compensation claim against your employer and a separate claim against another party whose negligence caused or contributed to your accident.
That distinction matters because construction projects involve a lot of moving parts and a lot of different people. The company that employs you may not be the same company responsible for the condition that caused your injury. Determining who may be responsible requires looking at what each party did, or failed to do, before the accident.
You don’t have to be a construction worker to be involved in the accident. Sometimes, a bystander who is walking, driving, shopping, or otherwise near a construction project can be injured. There could be falling debris, vehicle accidents, unsafe barriers, or exposed hazards. In this situation, the bystander doesn’t have a workers’ compensation claim. However, they may have a negligence, premises liability, or product liability claim. Determining who controlled the dangerous condition and who had a duty to prevent the injury will be important.
The more evidence that can be gathered, the stronger a potential legal claim will be. Acting quickly ensures the evidence is as accurate as possible. Start by capturing photos and video of the accident scene, the equipment involved, and the general construction site conditions. If there are safety features in place, take pictures of those. Document any visible injuries.
Save all medical treatment records and associated billing records. The treatment, diagnosis, and medications aid in establishing the injuries suffered. The billing records establish the cost of treatment for a damages claim.
If there were witnesses to the accident, gather their contact information. It can become difficult or even impossible to locate witnesses months later. Coworkers may have important information about safety practices or what happened immediately before the accident.
Preserve copies of workplace incident reports and any available OSHA documentation. OSHA maintains fatality and severe-injury reporting data, and its severe-injury reporting requirements cover work-related amputations, inpatient hospitalizations, and loss of an eye.
A construction accident attorney can assist with gathering inspection records, citations, photographs, maintenance records, training records, and safety policies. They can also request workers' compensation information and pay records from your employer.
The aftermath of a construction accident often reveals the complexity of the situation. These types of cases often include multiple companies and severe injuries. The injured person may have a workers’ compensation claim against their employer. They could have a personal injury claim against the property owner. They could also have a claim against another contractor. If machinery was involved, there could be a potential claim against the manufacturer. Then there are potential exceptions to these, such as Florida’s workers’ compensation system, which gives employers immunity from tort liability claims.
A lawyer is essential because they provide the who, what, where, when, and how analysis. They know the law and have experience bringing construction accident claims. Their guidance can educate injured workers about their legal rights and potential recovery options. Speaking with a lawyer as soon as possible enables them to begin working on your case immediately. This gives them the best opportunity to collect supporting evidence.
A construction accident can leave you dealing with far more than the initial injury. Medical treatment, time away from work, and uncertainty about who should pay for your losses can quickly become part of the picture. Depending on how the accident happened, you may have options beyond workers' compensation, including a claim against a negligent third party. The sooner you understand those options, the better positioned you may be to protect your rights. If you've been injured in a construction accident in Fort Lauderdale, the Law Office of David I. Fuchs can review the circumstances of your case and help you determine what steps to take next.
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