Let a Tampa construction accident lawyer help you navigate the ins and outs of all the applicable laws and recover all the compensation you deserve for your construction accident injury. At Winters & Yonker, each seasoned attorney has vast experience fighting and settling premises liability cases involving related workplace and construction accidents.
A large number of these accidents occur on construction sites. Our team of injury lawyers is quite familiar with federal and state regulations specific to workplace injury claims. The liability issues present in construction accident cases are many and also complex. When deciding to file a lawsuit, it is important that you work with a construction lawyer who has a proven track record of settling their cases to the clear advantage of their clients.
We have several combined years of experience in winning workplace accident cases. We have the necessary experience and resources to fight any insurance company that attempts to deny injured people the compensation they are rightly owed. If you have been injured in an accident on a construction site, whether you were working on the site or not, Winters & Yonker may be able to help.
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A Construction Accident Attorney Can Help Prove Liability
According to the U.S. Occupational Safety and Health Administration (OSHA), three of the ten most commonly cited safety violations in 2015 occurred regularly on construction sites. If you or someone you love has suffered an injury on a construction site, it is important to understand your rights. No small part of that comes with determining who was at fault in your accident.
There are a number of parties or entities that could be held liable for your injury, including:
- Site owners
- General and sub-contractors
- Equipment Manufacturers
- Other third parties
Only a skilled and experienced construction accident attorney in Tampa, Florida, can do such a thorough job of identifying liability and bring a strong case on your behalf. We will perform a thorough investigation on your behalf of all relevant records, gather intelligence on the construction site itself, gather witness statements, and interview all parties related to or involved in the incident. This will help us determine what party or parties contributed to the liability in your specific case, and what laws apply to your claim.
Who Can a Construction Accident Claim be Filed Against?
If your employer carries workers’ compensation insurance, the company is often protected from personal liability in an injury lawsuit, but there are a few notable exceptions. Worker’s compensation does not protect employers from legal action if the injury can be proven to have been intentional or egregious. In most cases, however, the plaintiff would file against a third party. Personal injury cases involving construction site accidents (that are brought in conjunction with worker’s comp claims) often name one or more of the following as defendants:
Construction Site Owners
In these instances, the degree of liability is in direct correlation with the level of control the owner can show to have over the premises. This is in contrast to the level of control the owner has over the work itself.
General & Sub-Contractors
Per OSHA regulations, both general contractors and sub-contractors have an equal duty to provide site workers with a construction site that is reasonably safe, with warnings of any dangers or hazards present at the site. Due warning and disclosure about hazards that are inherent to the job itself are also required.
All contractors need to ensure their work is being performed in accordance with local, state, and Federal safety regulations. Failure on the part of a contractor or sub to perform their duties in accordance with those regulations could allow an individual injured in a construction accident the opportunity to seek money damages for their losses.
Prime contractors are only responsible for the work identified in their contracts. They are also responsible for work they delegate out to subcontractors when they have the exclusive responsibility to manage and supervise them.
Engineers & Architects
In certain cases, engineers and architects can be proven negligent in their responsibility to observe the progress of work and ensure compliance with plans, regulations, and codes. To determine such negligence, the plaintiff must first establish what duties were outlined and agreed upon in their contract with the construction company.
Product & Equipment Manufacturers
Any person or entity in the chain of distribution of a defective product, as discussed above.
What Claims Does a Construction Accident Lawyer Handle?
If you have, for any reason, been injured on a construction site, you may have the legal right to pursue at least one (possibly more) of the following claims:
Employees are sometimes shielded from litigation in construction accident cases. One such instance would involve access to workers’ compensation benefits. A worker filing for workers’ comp benefits needs only prove that a workplace injury occurred. Surrounding circumstances often don’t factor into worker’s comp cases, but there are notable exceptions to this rule.
If the worker accepts the claim, he or she is entitled to collect workers’ compensation benefits. Workers’ comp claims in Florida may be brought in conjunction with those filed against third parties in an effort to maximize the number of damages the worker can recover.
When bringing a personal injury suit in a construction accident case, the worker must be able to show that there was negligence on the behalf of a third party and that his or her negligence led to the injury.
If the cause of injury is found to be a defective product, the injured party is entitled to file suit against any party in the distribution chain. As an example, if a table saw used onsite fails and causes injury due to a manufacturing defect, the injured party can often recover compensation from various entities from the retailer to the wholesaler, to the manufacturer (and any other party or “middleman” in the chain).
If a worker dies on the job as the result of a workplace accident, the deceased’s family often has the right to bring a claim of wrongful death on their behalf.
In some cases, multiple defendants can be named in a single case or separate cases can be filed under different areas of personal injury law.
How Does OSHA Protect Workers’ Rights?
In its attempt to promote and maintain consistently safe work environments throughout the United States and its territories, OSHA provides workers with the following rights:
- Invited and unscheduled workplace inspections
- Protection against retaliation for exercising one’s rights in a personal injury case
- Information and training regarding hazards, preventive measures, and OSHA standards that are specific to their construction site or workplace
- Copies of test results measuring workplace hazards
- Copies of medical reports and records
An experienced construction accident lawyer can help not just injured workers, but also those who believe their work environment to be hazardous due to non-compliance with OSHA standards. If you believe your workplace poses specific threats to your well-being and those threats are going unaddressed by your employer, you have the right to file a complaint with OSHA.
OSHA also protects employees against termination, demotion, or other forms of retaliation when they file complaints. If you have filed a complaint with OSHA and believe that you have been the victim of retaliation by your employer, one of our aggressive attorneys can help you file a claim against your employer.
What Are Common Causes of Construction Accidents?
Construction accidents for many reasons. Employers are required by OSHA to obtain specific permits, conduct frequent inspections, and implement on-site job safety programs in an effort to limit the frequency and severity of workplace accidents. Negligence (whether purposeful or not), defects in workplace products and equipment, and failure to follow or enforce safety policies and procedures can all result in avoidable accidents as well as lawsuits.
Some leading causes of accidents on construction sites include:
- Insufficient training on equipment and procedures
- Poor oversight and enforcement of safety precautions
- Hoist, crane, and harness accidents
- Collapsed structures
- Falling objects
- Improper use of equipment
- Insufficient equipment maintenance
- Compressed gas explosions
- Mechanical safety hazards
- Exposure to toxic chemicals
- Falls from dangerous heights
- Other slip and fall accidents
- Equipment defects
- Fire and explosion
- Scaffolding injuries
- Misuse and mishandling of tools
- Electrical shock and electrocution
- Welding accidents
What to do After a Construction Accident?
If you have been injured in any kind of construction accident, it is important that you take the correct steps to maximize your claim. Even before calling an attorney, make sure you do all of the following:
- Seek prompt medical attention even if you feel the injury is only minor
- Report your injury based on your employer’s procedures
- Gather statements and contact information from witnesses
- Photograph the injury or injuries, the scene where the injury occurred, and any equipment that was directly involved in the incident
When you have taken care of all of the above, contact us to learn more about your legal options. We are here 24/7/365 to answer both the phone and any questions you might have. An initial consultation is always free and you will never see a bill from Winters & Yonker unless we collect money for you.
What Damages Will a Construction Accident Claim Cover?
When a construction accident occurs, it can bring about serious financial, physical, and emotional consequences for both the victim and his or her family. Insurmountable medical bills, ongoing therapy and care, and permanent injuries can drastically change the course of someone’s life. By exercising your right to compensation and filing a personal injury suit, you are also helping to ensure that your responsibilities are met.
Let Winters & Yonker aid you on your road to recovery. Imagine not having to worry about time off from work or any other expense that arises as a result of your injury. It is not only possible – it is your right. We may be able to help you recover:
- Lost wages
- Medical bills
- Physical therapy
- Mental health services
- Damage to personal property
- Ongoing medical and living expenses
- Mortgage, rent, and utilities
- Pain and suffering
- Loss of consortium
- Loss of the overall enjoyment of life
Contact a Tampa Construction Accident Lawyer Today
If you have been injured in any kind of construction-related accident and think you might have a claim for your injuries, the experienced personal injury attorney team at Winters & Yonker is here to help. Call anytime (even nights and weekends) and arrange for your free initial consultation.
Are your injuries keeping you from coming to us? Let us come to you. We can meet with you in your hospital room, at home, or anyplace that makes the process easier for you. Don’t delay, contact our personal injury attorneys near Tampa. Call us today to schedule a free case evaluation.