A Lake Worth Beach construction worker was recently killed after being trapped under a dump truck. The 70,000-pound dump truck was backing up on a private, unpaved road toward a residential parking area. Another coworker, who was visible in the passenger side mirrors, led the driver.

Unfortunately, the heavy truck got stuck on the unpaved road. In an effort to lighten its load, the driver tried dumping part of the load. The driver was not aware than the victim was on the driver’s side of the truck. The dump truck became unstable and rolled onto the victim, trapping him. He was pronounced dead at the scene.

Construction injury lawsuits

Typically, construction workers may file claims for workers’ compensation, rather than suing their employer. Workers’ compensation covers partial or total disability, medical and lost wages from on-the-job accidents. This is the exclusive remedy available for any claims an employee might have against their employer.

In some cases, however, a third party may be held liable for on-the-job injuries. This may make additional damages available, such as pain and suffering, loss of consortium and mental anguish.

Third party claims are permissible—in addition to workers’ compensation claims—when another company’s employee or third party causes an accident. They can also be filed when an employer’s intentional tort causes harm, or if the employer failed to secure appropriate workers’ compensation insurance. The injured worker or surviving family members are eligible to file a lawsuit.

Construction is a particularly dangerous profession, and the resultant injuries and fatalities are life-altering. When a third party is liable for your construction accident, you need skilled legal assistance. Call the trusted accident lawyers at Goldman, Babboni, Fernandez, Murphy & Walsh in Bradenton, FL for a consultation.