If you have been injured in a construction accident, you are probably wondering how you will be able to pay your medical bills and other expenses while you are out of work. You have two options—worker’s compensation or a lawsuit. But which is the best choice?
In Florida, construction is a major injury, and many workers depend on its continued growth. Construction is also, however, one of the most dangerous careers in the country. As you can imagine, injuries are a common occurrence on construction sites where heavy, dangerous machinery and building materials are essential.
Have you been injured in a construction accident? In this article, we uncover what options you have to cover the costs of your injuries.
Filing a Workers Compensation Claim
For most construction site injuries, worker’s compensation is the go-to remedy for employees to recover compensation. Operating under a no-fault worker’s compensation system, the State of Florida ensures, regardless of the cause of the accident, that those who are hurt on the job get the damages they are owed.
Barring extenuating circumstances—for instance, if a worker is under the influence of drugs or alcohol at the time of the accident—any construction worker injured on a worksite is entitled to benefits, as long as they meet the time requirements for reporting and treating the injury.
Construction workers must report their injuries within at least 30 days of the accident, after which they may be entitled to the following benefits:
- Indemnity benefits – compensation for missed work lasting longer than seven days
- Temporary partial disability – compensation for those who can only return to work in a limited capacity that affects their pay.
- Temporary total disability – compensation for 6 months or more of missed work due to the injury
I Was Injured in a Construction Accident. Can I Sue?
If you receive worker’s compensation for your injuries, you cannot sue your employer for your injuries. However, as anyone in the construction industry knows, many jobs require the use of third-party contractors and subcontractors. If someone else working on the job contributed to or caused your injuries, you can still file a Third-Party Negligence or Liability lawsuit.
It is important to note that if you receive worker’s compensation benefits and you win a settlement against a negligent third party, your worker’s compensation insurance carrier may place a lien on your settlement. Under Florida law, insurance companies are allowed to recover from such lawsuits.
However, even if you have received worker’s compensation for your injuries, it may still be worth filing a lawsuit against a responsible third party because worker’s compensation limits the types of damages you can receive. For instance, your worker’s compensation claim cannot include any damages for pain and suffering, loss of enjoyment of life, or mental anguish. Filing a lawsuit could allow you to recover more.
Contact Our Attorneys If You Were Injured in a Construction Accident
Want to talk to an experienced worker’s compensation and personal injury attorney? Get in touch with us today to set up a consultation.
Are you ready to pursue your case? Contact us today and set up an appointment to speak to an attorney. Call us at 1-800-24-7-CRASH or write to us at [email protected].
