From slips, trips, and falls to defective heavy machinery, construction sites can be very dangerous places for workers and bystanders, especially if there aren’t adequate safety measures. Accidents happen instantly, but the consequences for victims and their families will often last a lifetime, including heavy physical, emotional, and financial tolls.
Whether you’re dealing with a serious injury, a long-term disability, or even a wrongful death, navigating the legal system in the aftermath of a serious construction accident can be overwhelming. An experienced Bonita Springs construction accident attorney who understands the complex laws and regulations surrounding construction accidents is a strong ally for recovering fair compensation.
At Dolman Law Group Accident Injury Lawyers, we’re dedicated to fighting for the rights of injured workers and other victims of construction accidents in the Bonita Springs community. We’ll work tirelessly to represent your best interests at every step, from investigating the circumstances that caused your injuries to negotiating with insurance companies on your behalf.
- About The Firm: Skilled Construction Accident Attorneys in Bonita Springs
- Why Serious Construction Accidents Happen
- What are the Legal Options Available After a Construction Accident in Bonita Springs?
- How Much Time Do I Have to Pursue a Construction Accident Claim?
- How A Bonita Springs Construction Accident Lawyer Can Help
About The Firm: Skilled Construction Accident Attorneys in Bonita Springs
Construction accident cases come with many challenges that can make these cases more complicated to litigate and win. For example, multiple parties could be held liable, such as the project’s general contractor, manufacturers of faulty equipment, or the property owner. Also, construction sites are very chaotic and fast-paced environments, making it harder to gather evidence about what happened and prove who was at fault.
At Dolman Law Group Accident Injury Lawyers, our team of experienced construction accident attorneys has the resources to navigate these challenges and provide high-quality legal representation. We have a detailed knowledge of the Florida workers’ compensation rules and the various state and federal laws that regulate construction sites.
Our Bonita Springs personal injury attorneys have successfully represented clients in many construction accidents, including falls from heights, scaffold collapses, crane accidents, electrocutions, and equipment malfunctions. We’re proud of being able to recover millions of dollars in settlements and verdicts to compensate our clients. After a serious construction accident, you should focus on your recovery, not on the complexities of the legal process. Contact us today to schedule a free case evaluation, and let us handle everything on the legal side.
Why Serious Construction Accidents Happen
Construction accidents are too common due to the wide range of potential hazards that cause serious injuries to workers, visitors, or even pedestrians. Falls from high elevations, electrocution due to exposed wires, and crushing injuries from heavy machinery are just a few examples of the horrific accidents that can happen on a site.
That’s why construction companies must take their responsibilities seriously, ensuring that safety protocols are followed, equipment is properly maintained, and workers receive the training they need to protect themselves and others from harm. Some common causes of preventable accidents on a construction site include:
Failure to comply with OSHA (Occupational Safety and Health Administration)
Construction companies are liable for violations of the legal standards set by OSHA because they significantly contribute to accidents. Some examples of the best practices required by OSHA include providing all workers with fall protection whenever appropriate, such as guard rails and safety nets, and making sure scaffolds are stable and properly secured.
Failure to address hazards in a timely manner
The potential dangers lurking on a construction site range from exposed electrical wires to trip and fall hazards. Companies must be proactive in keeping workers and visitors safe by conducting regular safety inspections by trained professionals that can identify and correct these issues as quickly as possible.
Failure to provide workers with adequate personal protective equipment
Personal protective equipment (PPE), such as hard hats, safety glasses, gloves, and earplugs, are designed to protect workers from the many hazards they may encounter on a job site, like falling debris, loud noises, and hazardous materials. Not having the right safety gear will greatly increase the risk of serious or even death.
Failure to properly maintain equipment and machinery
All equipment needs regular servicing and preventive maintenance to stay in safe working condition, especially the types of machinery doing most of the heavy lifting on construction sites. For example, worn-out brakes can make it very difficult to control a machine, and a malfunctioning crane can drop a load on unsuspecting workers.
What are the Legal Options Available After a Construction Accident in Bonita Springs?
As a construction worker that gets hurt on the job, there are two main options for seeking financial compensation: filing a claim for workers’ compensation or pursuing a personal injury lawsuit.
These situations require different legal strategies, so talk to one of the experienced construction accident attorneys at Dolman Law Group Accident Injury Lawyers so you make an informed decision.
The right approach will depend on the specific circumstances of the accident, the severity of your injuries, and whether there are any grounds to establish negligence—especially against a third party that’s not your employer. In some cases, it may be possible to pursue both strategies simultaneously. The legal options available for construction accidents include:
Pursuing a Workers’ Compensation Claim
Workers’ compensation in Bonita Springs provides wage replacement and medical benefits to employees who become injured while on the job, including temporary or permanent disability benefits. A main advantage of workers’ compensation is that it’s a “no-fault” system, which means that employees can receive benefits without having to prove that their employer was negligent or otherwise at fault for the accident. This can make the process of receiving compensation faster and less stressful.
However, workers’ compensation typically pays less than third-party liability claims. For example, workers’ compensation won’t pay for pain and suffering, often the most difficult consequence of a serious construction accident injury.
Also, while workers’ compensation is supposed to be a relatively streamlined process for obtaining medical coverage and lost wages, many employers often try to minimize payouts by disputing claims or providing minimal settlement. This can make it difficult for injured workers to recover the full amount they’re owed under the workers’ compensation system.
Filing a Personal Injury Lawsuit
A personal injury lawsuit is a legal action to recover compensation for preventable injuries that directly result from another party’s negligence or misconduct. While workers’ compensation can provide some relief, it’s not always enough to cover the full extent of damages caused by an accident.
Construction workers who’ve been injured on the job and visitors or pedestrians who suffered an accident while on-site can file a personal injury lawsuit against the parties deemed responsible for the accident, such as the property owner, construction company, or manufacturer of defective machinery.
Filing a lawsuit offers the potential for a larger settlement that includes medical expenses, lost wages, pain and suffering, emotional distress, and other losses. If a victim proves that the liable party was reckless or grossly negligent, the injured individual might also be entitled to pursue punitive damages.
It’s important to note that filing for workers’ compensation will generally prevent the worker from filing a personal injury lawsuit against their employer. This is because those benefits are often considered a trade-off for giving up the right to sue their employer.
Pursuing Both Workers’ Compensation and a Personal Injury Lawsuit
The dual-track option, pursuing both workers’ compensation and a personal injury lawsuit, can be a powerful tool for construction workers in Florida looking to maximize their potential compensation after getting seriously hurt.
This strategy allows the injured worker to take advantage of the benefits of both systems by receiving workers’ compensation while also suing for additional damages that wouldn’t be covered. In these cases, the lawsuit is against a third party liable for causing the accident, such as equipment manufacturers or subcontractors. These parties are not part of a workers’ compensation claim, which is why the dual-track option can help open up additional compensation avenues.
It’s important to note that the dual-track option requires careful coordination and timing between the two claims, as there may be limitations on the damages that can be recovered in a lawsuit once the workers’ compensation claim is settled. This is where an experienced Florida construction accident attorney’s guidance becomes crucial to ensure the worker receives the maximum compensation possible.
How Much Time Do I Have to Pursue a Construction Accident Claim?
When taking legal action after a construction accident, time is of the essence. Florida has a strict statute of limitations, or deadline, for being able to recover compensation in these cases. The time limit for filing a worker’s compensation case is two years from the date of the incident, regardless of whether someone else’s negligence caused the injury. Construction accident victims have four years to pursue a personal injury lawsuit.
In either case, call a lawyer to file your claim as soon as possible so you can more easily prove the crucial elements of your case and get the benefits you need. As time passes, memories can fade, witnesses may become harder to locate, and physical evidence, such as any equipment or machinery involved in the accident, may be altered or lost.
Other deadlines might apply depending on the case’s specifics, such as the shorter notice requirements when filing a claim against a government entity in Florida.
Consult an experienced construction accident attorney from the team at Dolman Law Group Accident Injury Lawyers as early in the process as possible. We can help you determine whether you have grounds for a claim, understand all the relevant deadlines, and determine the best strategies for pursuing compensation in your unique case.
How A Bonita Springs Construction Accident Lawyer Can Help
Construction workers face unique and often dangerous risks on the job that can lead to life-threatening and fatal accidents. Despite the hard work and dedication of these workers, accidents happen. When they do, the responsible parties and insurance companies will often spring into action to protect their interests and minimize financial responsibility.
For injured workers, it’s crucial to have an advocate who will protect your legal rights. That’s why the construction accident attorneys at Dolman Law Group Accident Injury Lawyers are passionate about protecting the legal rights of injured workers. Our team of experienced attorneys has represented a wide range of workers who have suffered injuries on a construction site, including electricians, roofers, heavy equipment operators, welders, and many more. We also advocate for bystanders and pedestrians who were injured on a construction site due to negligence.
We stand up for our clients when we:
- Investigate the accident: We speak with witnesses, analyze all evidence from the accident scene, examine safety protocol records, and consult with construction industry specialists to understand the underlying causes of the injuries, including negligence.
- Identify all liable parties and maximize your compensation: If our clients are eligible for compensation sources beyond workers’ compensation, we work diligently to go beyond the obvious and identify all potentially liable parties. We’ve successfully pursued cases against general contractors, construction managers, subcontractors, equipment manufacturers, and property owners. Even if you believe you may be partly responsible for your injuries, it’s wise to consult with us to determine if there is a potential case.
- Navigate the legal system and deal with insurance companies: We handle every aspect of your case throughout the claims process, including filing all paperwork, communicating and negotiating with insurers, representing you in court, if necessary, and safeguarding your interests during every step.
If a construction accident injures your or a loved one, don’t wait to take action and contact us at our Bonita Springs office today at (239) 307-2634. The attorneys at Dolman Law Group Accident Injury Lawyers will listen to your story, answer your questions, and help you make informed decisions going forward.