Florida Construction Accident Lawyers
Construction sites are some of the most dangerous workplaces in the country. Workers face hazards such as falls from heights, heavy machinery accidents, electrical injuries, and collapsing structures. When accidents occur, victims may suffer severe injuries or even fatalities, leaving families struggling with medical bills, lost wages, and long-term disabilities.
At Fogg Law Group, we represent injured construction workers and site visitors, helping them pursue compensation from negligent contractors, property owners, equipment manufacturers, and other responsible parties.
Who Can Be Held Liable for a Construction Accident?
Construction accident claims are complex because multiple parties may be liable. Liability depends on the cause of the accident and the relationship between the injured worker and the responsible party.
1. General Contractors and Subcontractors
- Responsible for maintaining a safe worksite and ensuring that all safety regulations are followed.
- May be liable if they fail to provide safety equipment, properly train workers, or enforce OSHA regulations.
2. Property Owners and Developers
- If a property owner controls the construction site or is directly involved in daily operations, they may be held liable for unsafe conditions.
- Under Florida premises liability laws, owners must warn workers and visitors of known hazards.
3. Equipment Manufacturers
- If defective machinery, tools, or scaffolding causes an injury, the manufacturer may be held responsible under product liability laws.
- Common defective equipment includes power tools, cranes, forklifts, and ladders.
4. Engineers and Architects
- Responsible for designing safe structures that meet building codes and industry standards.
- If a building collapse or structural failure occurs due to design flaws, they may be liable for injuries.
5. Employers (Workers’ Compensation Claims)
- Most Florida construction workers are covered by workers’ compensation, which provides medical benefits and lost wages.
- Workers’ compensation does not require proving negligence but limits your ability to sue your employer directly.
- If a third party (contractor, property owner, or equipment manufacturer) was negligent, you may pursue a separate personal injury claim for full compensation.
Common Causes of Construction Accidents
Construction sites contain numerous hazards, and even one safety violation can lead to serious injuries or death.
- Falls from Heights – Lack of fall protection, unstable scaffolding, or ladder failures.
- Electrocutions – Contact with live wires, faulty wiring, or exposed electrical systems.
- Struck by Objects – Falling tools, materials, or debris from elevated areas.
- Machinery Accidents – Crushed limbs or severe injuries from forklifts, cranes, or heavy equipment.
- Trench Collapses – Workers being buried under tons of dirt due to unsafe excavation practices.
- Explosions and Fires – Gas leaks, chemical spills, and unsafe handling of flammable materials.
OSHA Regulations and Safety Violations
The Occupational Safety and Health Administration (OSHA) enforces strict workplace safety regulations for construction sites. Violations of these federal laws can indicate negligence in a construction injury claim.
Common OSHA Violations That Lead to Accidents:
- Lack of fall protection on scaffolding and roofs.
- Failure to provide proper safety gear (hard hats, harnesses, gloves).
- Unsafe operation of heavy machinery without proper training.
- Improper storage of hazardous materials leading to fires or explosions.
- Failure to inspect and maintain equipment used on-site.
If an OSHA violation caused your injury, it may serve as strong evidence of negligence against the contractor or site owner.
What Compensation Can You Recover?
Victims of construction accidents may be entitled to compensation for:
- Medical Expenses – Emergency care, surgeries, physical therapy, and long-term treatment.
- Lost Wages – Compensation for time missed from work due to injury.
- Loss of Future Earnings – If the injury prevents a return to work or limits future employment.
- Pain and Suffering – Physical pain, emotional distress, and diminished quality of life.
- Disability and Disfigurement – Compensation for permanent impairments.
- Wrongful Death Damages – If a worker dies in a construction accident, their family may pursue a wrongful death lawsuit for funeral costs and loss of financial support.
Workers’ Compensation vs. Personal Injury Claims
Workers’ compensation provides medical coverage and wage replacement but does not allow workers to sue their employers for pain and suffering.
However, if a third party (contractor, property owner, or manufacturer) was negligent, an injured worker can file a personal injury lawsuit to recover full damages.
A personal injury claim allows for:
- Full compensation for pain and suffering (which workers’ compensation does not cover).
- Higher financial recovery if negligence is proven.
Steps to Take After a Construction Site Accident
1. Seek Immediate Medical Attention – Document injuries with a doctor.
2. Report the Incident – Notify your supervisor and file an official accident report.
3. Document the Scene – Take photos of hazards, unsafe conditions, and injuries.
4. Collect Witness Information – Statements from co-workers and bystanders can support your claim.
5. Do Not Give a Statement to Insurance Companies – They may try to minimize your claim.
6. Contact a Construction Accident Lawyer – Legal guidance ensures you receive maximum compensation.
Florida Statute of Limitations for Construction Accident Claims
Under Florida law, deadlines apply for filing a claim:
- Personal Injury Claims – Must be filed within two years from the accident date (Florida Statutes § 95.11).
- Workers’ Compensation Claims – Must be reported to your employer within 30 days, and formal claims must be filed within two years.
- Wrongful Death Claims – Families must file within two years from the date of death.
If you miss these deadlines, you may lose your right to compensation.
Frequently Asked Questions
- Can I sue my employer for a construction accident?
Most employees cannot sue their employer directly due to workers’ compensation laws, but you can sue a negligent third party (contractor, equipment manufacturer, or property owner). - What if I am a subcontractor or independent contractor?
If you are not classified as an employee, you may not qualify for workers’ compensation but can file a personal injury lawsuit against the responsible parties. - What if the accident was partially my fault?
Florida follows a modified comparative negligence rule—if you are less than 50% responsible, you can still recover damages, but your compensation will be reduced based on your percentage of fault. - How long does a construction accident case take?
Cases vary. Some settle within months, while complex cases requiring litigation may take one to three years. - What does it cost to hire a construction accident lawyer?
We work on a contingency fee basis—you pay nothing unless we win your case.
Contact Fogg Law Group for a Free Consultation
If you or a loved one suffered serious injuries in a construction accident, we can help you pursue maximum compensation. Call 1-561-616-3000 or contact us online to schedule a free consultation.