Did you suffer injuries in a construction site accident in Lakeland, FL? Many injured workers don’t know that they may be entitled to damages under workers’ compensation and personal injury laws. If you need help getting fair compensation, an experienced Lakeland construction accident lawyer at Winters & Yonker Personal Injury Lawyers can help you. Contact us today at (863) 251-6196 to schedule a free consultation.
Our lawyers have over 119 years of combined experience fighting for injured workers in Lakeland and across Polk County. We have the proven track record of success that you want in your corner.
You don’t have to handle your insurance battle alone, our lawyers can help you handle any type of injury matter, such as workplace accidents in Lakeland, wrongful death cases, premises liability claims, and more.
How Winters & Yonker Personal Injury Lawyers Can Help With a Construction Accident Injury Claim in Lakeland
Construction is a dangerous occupation. Still, you shouldn’t have to assume the risk that you’ll suffer injuries on the job. That’s why every employer in the construction industry must carry workers’ compensation insurance if they have even one employee.
The claims process is rarely simple or straightforward. If you were hurt on the job, it’s always a good idea to speak with an experienced Lakeland personal injury lawyer.
When you hire Winters & Yonker Personal Injury Lawyers to protect your rights, we will:
- Investigate and determine who caused your accident
- Determine whether you’re eligible to file a personal injury lawsuit
- Calculate the fair value of your workers’ comp benefits
- Defend you if your workers’ compensation claim is denied or undervalued
- Handle all negotiations with the workers’ compensation insurance company
Don’t wait another day to get legal advice. Call our Lakeland personal injury attorneys for a free consultation today.
How Common Are Construction Accidents in Lakeland, FL?
As of May 2021, the Bureau of Labor Statistics (BLS) estimated that about 398,060 Florida residents worked in the construction industry. It’s no secret that construction is a dangerous industry. According to the Occupational Health and Safety Administration (OSHA), about 20% of all workplace fatalities occur in the construction industry each year.
In the State of Florida, 113 construction workers died on the job in 2021. That’s more workplace fatalities than any other industry in the state.
What Is My Lakeland Construction Accident Case Worth?
The value of a construction accident claim depends on many different factors. One of the most important factors is the severity of your injuries. It also matters whether you’re limited to workers’ compensation benefits or entitled to file a separate personal injury lawsuit for damages.
The value of a workers’ comp claim in Florida depends on:
- The cost of your medical care, including rehabilitation and travel costs
- The length of your recovery period
- Whether you are partially or totally disabled
- Whether your disability is permanent or temporary
- Your earnings prior to the injury
All of your medical costs will be covered, assuming you follow the rules and visit an approved doctor.
However, Florida state law limits the amount of workers’ compensation wage replacement benefits you can receive. You’ll receive about two-thirds of your average weekly wages prior to the accident. An additional limitation caps the amount of compensation you can receive at $1,197 per week if your accident occurred in 2023. The maximum applies regardless of your prior earnings record.
You may be entitled to additional damages if a third party caused your accident. While you cannot sue your employer or co-workers for damages under Florida law, you can file a lawsuit against anyone else whose acts contributed to your injuries.
What Types of Compensation Are Available to Construction Accident Victims in Florida?
Workers’ compensation provides benefits to cover at least some of your economic damages after an accident and injury.
Injured construction workers can file a claim for workers’ comp benefits to cover:
- All reasonable and necessary medical expenses
- Income replacement benefits, which may include total temporary disability benefits, partial temporary disability benefits, permanent total disability benefits, or impairment benefits
- Death benefits in cases involving fatal construction site accidents
If you are able to file a personal injury lawsuit, you can seek compensation for full economic damages and non-economic damages, including:
- Past and future medical bills, if those costs aren’t covered by workers’ comp
- 100% of your lost income
- Reduced earning potential
- Property damage
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Physical disfigurement and scarring
- Anxiety, depression, and PTSD
- Loss of consortium
In rare cases, punitive damages may even be available.
How Do I Know Whether I Have a Valid Personal Injury Lawsuit?
To determine whether you have a valid personal injury lawsuit, you must identify the parties who are legally responsible for your accident.
You may have a valid workplace injury case against:
- A negligent driver in a car accident
- Manufacturing companies that sell defective tools or equipment
- General contractors
- A property owner who failed to fix dangerous property conditions
- A third-party supplier
- Employers of negligent employees
The defendant in your case really depends on the circumstances of the accident. The only limitation is that you cannot sue your employer for damages.
Can I Recover Compensation for My Injuries If I’m Being Blamed for a Construction Accident in Florida?
In most cases, you can recover compensation under Florida’s no-fault workers’ compensation laws even if you are totally responsible for your own injuries.
The modified comparative fault laws in Florida limit your right to recover compensation in a personal injury lawsuit if you share some blame. If you’re partly responsible, your damages are reduced according to your percentage of fault. If you are mostly at fault, you cannot recover compensation.
We’ll Fight To Recover Full Compensation for All of Your Construction Accident Injuries
There are countless ways to sustain injuries on a construction site.
At Winters & Yonker Personal Injury Lawyers, we represent construction accident victims who have suffered:
- Crush injuries
- Broken bones
- Eye and facial injuries
- Hearing loss
- Whiplash injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Organ damage
- Traumatic amputations
- Musculoskeletal injuries
- Catastrophic injuries
- Wrongful death of a loved one
A serious injury can make life difficult. If you were injured, our lawyers are here to help. Call our law firm to schedule a free case evaluation with an experienced Lakeland construction accident attorney who can help you get the money you need and deserve.
What Are the Common Causes of Construction Accidents in Lakeland, Florida?
Construction accidents happen for many reasons. However, some types of construction accidents are more common than others.
According to OSHA, the four most common types of construction accidents involve:
- Accidents where workers are caught between two objects
- Accidents where workers are struck by an object
It’s natural to wonder why these accidents keep happening. Other common causes of construction accidents include:
- Communication failures
- Dangerous property conditions
- Lack of proper safety protection, including fall protection
- Defective tools, work equipment, or scaffolding
- Failure to properly install or secure scaffolding
- Underqualified workers
- Failure to provide proper instruction or supervise workers
- Violations of state and federal safety regulations and labor laws
Any worksite can quickly become dangerous if any of these factors are an issue.
We Handle All Types of Construction Accident Claims
Like any car accident, construction accidents happen under a variety of circumstances.
At Winters & Yonker Personal Injury Lawyers, we handle construction accident cases involving:
- Scaffolding accidents, including falls and scaffolding collapse
- Building collapse
- Electrocutions and electric shock
- Fires and explosions
- Welding accidents
- Exposure to toxic chemicals
- Falls from ladders and heights
- Crane accidents
- Forklift accidents
- Other accidents involving heavy machinery
- Nail gun accidents
- Workplace violence
If you were injured on the job in Lakeland, you have rights. Our lawyers are here to protect them. Just call to schedule your free initial consultation today.
Must I Prove Negligence To Recover Damages After a Construction Accident in Florida?
Possibly. You don’t have to prove negligence to recover workers’ compensation benefits.
If you are suing a third party in court, you must establish negligence by proving the four following legal elements:
- A legal duty of care existed
- A breach of duty occurred
- The breach caused the accident
- You suffered damages
In other cases, your lawsuit may be based on strict liability. For example, if you were injured due to a defective work tool, the manufacturer may be strictly liable even if they were not negligent.
How Long Do I Have To File a Construction Accident Claim in Florida?
There are strict deadlines that apply if you want to recover compensation for your injuries.
You must report your injury or work-related illness to your employer within 30 days of the accident. If you wait longer, you jeopardize your right to valuable workers’ comp benefits.
The statute of limitations in personal injury cases is two years. You have two years from the date of the accident to file a personal injury lawsuit in civil court.
(Caveat: A March 2023 law reduced the four-year statute of limitations to two years. If your construction accident occurred before 3/24/23, you will still have four years to initiate an injury claim based on negligence).
Contact a Lakeland Construction Accident Lawyer for a Free Consultation
Do you have questions about your options after a construction injury? Contact Winters & Yonker Personal Injury Lawyers to learn more about how a Lakeland construction accident attorney can help you recover the maximum compensation possible. You can also use our online contact form.