If you have been injured on the job as a construction worker, you can file a workers’ compensation claim if you are an actual employee (and not an independent contractor).
However, if there was an element of negligence involved, whether on the part of your employer or another party, it might be more advisable for you to file a personal injury claim. Your choice depends largely on the circumstances of your accident and the structure of your employment.
In most construction jobs, you work with other vendors or subcontractors. There are usually multiple people on a site operating machinery, along with others who are not on the job site who nonetheless have an impact on safety. These include engineers, architects and material suppliers. Any of these parties could be negligent and therefore liable, depending on the circumstances.
If you are to succeed in a personal injury lawsuit, you must be able to prove the following:
- Another person or entity owed you a duty of care to act reasonably and safely
- This person failed to meet that standard of safety
- You were injured due to that person’s negligence
Examples of negligence at construction sites
What does negligence tend to look like at a construction site? Below are a few examples of common scenarios that could lead to a personal injury claim:
- Falls from scaffolding that was improperly set up
- Reckless actions by truck driver at the site
- Safety equipment that was designed defectively
- Electric shocks from defective equipment
- Injuries caused by repetitive motion
- Exposure to hazardous or toxic chemicals caused by leaks or spills due to poor equipment or decision making
- Trench collapses due to improperly erected barriers
For more information and guidance on how to proceed with a construction accident claim, speak with a trusted Florida personal injury attorney at Goldman Babboni Fernandez & Walsh.