Were you injured on a construction site in New Port Richey, Florida? You may be able to recover lost wages and medical expenses by filing a workers’ compensation claim for benefits. Depending on the circumstances of your accident, you may also be able to file a third-party personal injury claim for additional damages.
The New Port Richey construction accident lawyers at Winters & Yonker Personal Injury Lawyers are here to help you pick up the pieces after a work-related injury.
We have over 119 years of combined legal experience helping victims recover compensation after devastating accidents throughout Florida, such as motorcycle accidents, bicycle accidents, New Port Richey workplace accidents, workers’ compensation cases in New Port Richey, and more practice areas.
We’ve recovered millions of dollars for our clients, and we’re prepared to put our skills and aggressive representation to work for you. Contact our New Port Richey, FL law firm or call (727) 910-5060 to schedule a free consultation today.
How Can a New Port Richey Personal Injury Lawyer Help After a Construction Accident?
Even though most Florida employers are required to have workers’ compensation, these claims aren’t always straightforward. The rules are confusing, you must follow all deadlines and procedures, and benefits are frequently denied.
An experienced personal injury attorney in New Port Richey can help you navigate the claims process and pursue all avenues for compensation. Winters & Yonker Personal Injury Lawyers has the dedication and knowledge to get the best outcome in your construction accident case.
When you hire our legal team to handle your construction site injury case, we’ll:
- Investigate your accident and identify all options for benefits or damages, including a workers’ compensation claim and/or personal injury lawsuit
- Communicate and negotiate with insurance companies on your behalf throughout the process
- Handle your claim(s) from start to finish and ensure we meet all deadlines
- Consult leading experts (if necessary) to understand the full extent of your losses and workplace injuries
- File a lawsuit on your behalf and handle all Pasco County court filings and proceedings if applicable
Contact our law office serving New Port Richey, FL today to get started and see how we can help you after your construction accident.
How Common Are Construction Site Accidents in Florida?
Construction sites are especially dangerous work environments and are the location of many job-related fatalities and injuries annually.
The US Bureau of Labor Statistics (BLS) reported 275 deadly occupational injuries in Florida in 2020. Out of those fatalities:
- 82 were in the private construction industry
- 67 were in the public construction and extraction occupations
That means that over 54% of work-related deaths in Florida that year were in construction. Hundreds more construction workers are injured each year in Florida and throughout the United States.
Most of those accidents are caused by slip and fall accidents, transportation incidents, and exposure to harmful substances.
We Handle All Types of Construction Accident Claims in New Port Richey, FL
According to the Occupational Safety and Health Administration (OSHA), the most commonly violated safety standards in the construction industry in 2021 included:
- Lack of adequate fall protection
- Defective or unsafe ladders or scaffolding
- Lack of proper construction employee training
- Lack of appropriate safety equipment on the worksite, including eye and face protection
Safety regulations are supposed to keep construction employees safe from accidents, but workers still suffer from deadly accidents each year, including OSHA’s fatal four:
- Being struck by an object, such as falling debris
- Being caught-in/between objects
Other common construction accidents we handle include:
- Slip and fall accidents
- Trip and fall accidents
- Car accidents
- Truck accidents
- Forklift accidents
- Exposure to toxic substances
- Excavation accidents
- Defective machinery and work equipment
- Crane accidents
- Explosions and fires
- Assault and other acts of workplace violence
No matter what caused your accident or what type of incident it was, we can help. Call our construction injury lawyers in New Port Richey for assistance.
What Are Common Injuries Sustained in Construction Accidents in New Port Richey?
Many injuries and occupational illnesses can occur on construction sites.
Some common injuries include:
- Traumatic brain injuries (TBIs) and other head trauma
- Spinal cord damage
- Internal organ injuries
- Back injuries
- Neck injuries
- Repetitive stress injuries
- Soft tissue injuries
- Broken bones
- Chest injuries
- Crushing injuries
- Amputations and loss of limbs
- Nerve damage
- Hearing loss
- Eye injuries and blindness
- Diseases and illnesses from exposure to toxic substances
- Catastrophic injuries
- Wrongful death
Contact us today to discuss your construction accident injuries and the compensation you can seek to recover from them financially.
How Much Is My Construction Accident Case Worth?
The compensation you receive will depend on whether you can file a workers’ comp claim, personal injury case, or both.
With workers’ comp, benefits are limited to medical expenses, a portion of your lost wages, and disability benefits if applicable.
The value of these benefits will depend on:
- Your pre-injury weekly wages
- Your recovery time
- Whether you qualify for disability benefits
- The cost of your reasonable medical expenses
If you’re eligible to file a personal injury lawsuit, you’ll have access to compensation covering the full extent of your losses.
The value of your personal injury claim will depend on:
- The severity of your construction injuries
- How your injuries impact your quality of life and ability to work
- The value of your lost wages, medical expenses, and out-of-pocket costs
- Whether you can work in the same capacity as before your accident
- The pain and suffering you’ve endured
- Whether you’re permanently disability or impaired
- Whether you share fault for the construction accident
We’ll help you value your losses to ensure we recover the maximum amount possible for you after your construction accident in New Port Richey, Florida.
What Compensation Can I Recover After a Construction Accident in New Port Richey, FL?
Most Florida employers (with some exceptions) must provide workers’ compensation insurance to their employees if they get hurt on the job. However, these benefits are limited. If a third party was responsible for your injuries, you might be able to file a personal injury lawsuit against them and seek more compensation.
What Is Covered By Workers’ Compensation in Florida?
If you file a workers’ comp claim, you could be entitled to the following benefits:
- Authorized medical care expenses, including prescriptions and treatment
- Lost wages totaling 66 ⅔ percent of your average weekly wages pre-injury
- Temporary Total Disability, Temporary Partial Disability, or both
- Reemployment services, such as job placement, on-the-job training, vocational counseling, and more
- Death benefits
As you can see, workers’ compensation benefits are limited. However, you can recover the full extent of your losses in a personal injury claim.
What Damages Can You Recover in a Florida Personal Injury Lawsuit?
If you’re able to bring a third-party claim for your construction injuries, you can recover both economic and non-economic damages for your losses.
Economic damages cover the total monetary cost of your injuries, including:
- Past medical expenses
- Future healthcare needs, including ongoing therapy and rehab
- Your full lost wages
- Lost earning potential if you cannot return to work in the same capacity
- Out-of-pocket expenses
Non-economic damages cover your personal losses, which aren’t covered by workers’ compensation. They include:
- Pain and suffering
- Mental anguish
- Loss of companionship
- Diminished quality of life
We’ll help you identify whether a third party contributed to your accident. If so, you’ll be able to recover the full extent of your losses rather than a portion of them.
Can I Sue My Employer After I Get Hurt on a Florida Construction Site?
If your employer has workers’ compensation coverage, you probably cannot sue them. Workers’ comp is a no-fault system, meaning you don’t have to prove negligence. Additionally, employees can get benefits even if they are at fault for their accident. In return, employees forfeit the right to sue their employers. There may be limited exceptions, such as if your employer intentionally harmed you on the job.
However, you can sue third parties who contributed to your construction injuries.
Third parties might include:
- Negligent motorists
- Property owners
- Manufacturers of defective construction equipment
- Government agencies
It’s important to note that even though you don’t have to prove negligence to recover workers’ comp benefits, you must prove that a third party was negligent or strictly liable to recover damages in a personal injury lawsuit.
What Is the Time Limit To File a Construction Accident Claim in Florida?
If you’re filing a workers’ compensation claim in Florida, you must report your injury to your employer within 30 days of the date of injury (or discovery of the injury). Otherwise, your benefits may be denied. You must file your petition for benefits within two years of the injury date (or discovery date).
The deadline for filing a Florida personal injury lawsuit is more lenient, but you should still start building the case as soon as possible. You typically have two years from the accident date to file a third-party lawsuit. You also have two years from the date of death to file a wrongful death lawsuit if your loved one died in a construction accident.
Note: the statute of limitations used to be four years before 3/24/2023, when a new tort law reduced the deadline. If your accident occurred before the passage of the law, you may have four years to file your claim.
Schedule a Free Case Evaluation With an Experienced New Port Richey Construction Accident Lawyer Today
If you or a loved one were injured or killed on a construction worksite in New Port Richey, FL, you have legal options for compensation. You may be entitled to benefits from your employer’s workers’ compensation insurance policy or damages through a personal injury or wrongful death lawsuit.
The experienced New Port Richey construction accident attorneys at Winters & Yonker Personal Injury Lawyers will help you identify every course of action available. Contact our law office today to speak with our skilled lawyers about the compensation you can seek after the construction accident.
Our personal injury law firm in New Port Richey, FL, also provides: