Construction work is physically demanding and very dangerous. Thus, safety on the job site is extremely important, although it is often overlooked by employers and others in charge simply to keep the job moving quickly and maximizing profits. Some of the common types of construction accidents include construction site falls, electrical shock, electrocution, vehicle collisions, scaffold accidents, crane accidents, forklift accidents, trench accidents, construction equipment accidents, crush accidents, welding accidents, and wrongful death.
In general, victims of construction accidents, who were working at the site at the time of an accident, are limited the applicable workers’ compensation benefits and cannot sue an employer, co-worker, contractor or subcontractor for negligence. Workers’ compensation benefits are usually limited to medical care and only a portion of their lost wages. In addition to providing limited benefits, the workers’ compensation system often seeks to further limit any benefits by having the employee released backed to work even when they are not physically and emotionally ready. It is the contractors’, employers’ and insurance companies’ intention to treat injured workers unfairly and run the workers’ compensation system in such fashion to reduce their costs and increase their profits. One excuse often raised is that with every workers’ compensation claim filed, their premiums sky rocket.
Under some limited circumstances, a construction accident attorney can overcome the general rules prohibiting a negligence claim (also known as employer or workers’ compensation “immunity”) against their employers, contractors, subcontractors and their employees.
At Goldberg & Dohan, we have handled several construction accidents where we have overcome the immunity in these cases, most recently involving a garage collapse in Jacksonville. Goldberg & Dohan is currently handling two cases involving the Miami-Dade College garage collapse and an accident involved a spinal cord injury to a worker at Miami High’s $60 Million Dollar renovation in a case alleging gross negligence.
When able to do so, the injury victim can recover the full amount of his damages including 100% of their lost wages, medical care with any doctor of their choice, and pain and suffering.
If you, or someone you know is injured in a construction accident, call our office now at 305-536-3400, toll free at 1-800-270-1710, e-mail us, or complete a free case evaluation for a consultation directly with one of our attorneys.