Construction is one of the most dangerous jobs in Florida. The industry involves working at heights, using heavy machinery, and handling sharp tools. These risks make construction workers more likely to suffer serious injuries while on the job. When an accident happens, Florida’s workers’ compensation system may offer financial and medical help.
If you are hurt while working in construction, it is important to understand your rights. Rosenberg & Rosenberg, a Florida-based law firm, helps injured construction workers explore their legal options and navigate the claims process. Their team has decades of experience handling workers’ compensation cases in Florida.
Common Construction Accidents in Florida
Workers are often exposed to various risks while performing their duties. Understanding the types of accidents that happen most often is important for staying safe and informed. These incidents can cause serious injuries and may affect a person’s ability to work or return to normal life. Below are some of the most common accidents that occur on construction sites in Florida:
- Falls from ladders, scaffolding, or roofs
- Being struck by falling objects or debris
- Equipment-related injuries involving cranes, forklifts, or bulldozers
- Electrical shocks from exposed wires or faulty power tools
- Overexertion or heat-related illness due to Florida’s climate
These accidents can lead to severe outcomes such as broken bones, head trauma, spinal cord damage, and even permanent disability.
Florida Workers’ Compensation
Florida workers’ compensation laws protect employees who are hurt on the job. In this system, most employers are required to provide coverage. In the construction industry, the rules are even stricter. Any construction business with at least one employee must carry workers’ compensation insurance.
This coverage allows injured workers to receive certain benefits without proving that anyone was at fault. It helps cover medical care related to the injury. Workers may also receive partial wage replacement while they are recovering.
If ongoing treatment is needed, the insurance may pay for physical therapy or rehabilitation. In cases where the injury causes lasting problems, permanent disability benefits may be available. The overall goal of the system is to support injured workers as they heal and help them return to work when they are able.
Steps to Take After a Construction Accident
Knowing what to do after a construction accident is important. The steps you take can affect your recovery and access to benefits. Florida law sets clear rules for reporting and treatment. Acting quickly can help protect your rights and health. Follow these basic steps to get started:
- Report the Injury: Florida law requires workers to report job-related injuries to their employer within 30 days.
- Seek Medical Help: Employers or their insurance carriers usually choose the doctor who will treat the injured worker.
- Document the Incident: Write down what happened and keep records of medical treatment and missed workdays.
- Follow Medical Advice: Attend all appointments and follow the doctor’s treatment plan.
- File a Workers’ Compensation Claim: The employer must notify their insurance company within seven days of the report. If the insurance company does not respond or denies benefits, legal support may be helpful.
Construction Workers and Third-Party Claims
In Florida, construction workers who are injured on the job may have more than one legal option. While workers’ compensation covers medical treatment and partial lost wages, it does not allow for pain and suffering damages. However, if someone other than the employer caused the injury, a third-party claim may be possible. This often happens when defective tools, unsafe equipment, or negligent subcontractors are involved. For example, if a crane from another company malfunctions and causes harm, the injured worker might have a valid third-party case.
These claims are separate from the workers’ compensation process. They usually involve proving that the third party was negligent. Unlike workers’ compensation, a third-party claim may allow for compensation of medical costs, lost wages, and emotional suffering. These cases can be complex and may require help from a legal professional. Rosenberg & Rosenberg may assist in reviewing the situation and exploring possible next steps.
Unique Risks in Florida Construction
Construction work in Florida involves dangers that are different from other places. The state’s hot and humid climate can cause serious health problems for workers. In addition, Florida’s hurricane season puts job sites at risk of damage and unsafe conditions. The fast growth of cities also means projects may be rushed, increasing the chance of mistakes. Workers and employers must be aware of these risks to maintain a safe workplace and prevent accidents. Key challenges include:
- Heat and Humidity: Prolonged exposure can lead to heat stroke or dehydration.
- Hurricane Season: Construction sites are vulnerable to storm damage and unsafe conditions.
- Rapid Development: High demand for new buildings can lead to rushed timelines and safety oversights.
Employers are expected to train workers, provide safety equipment, and follow safety guidelines to prevent accidents.
What Benefits Are Available?
Florida workers’ compensation provides several types of benefits for employees injured on the job. These benefits are designed to support medical care and lost income during recovery. As of January 1, 2025, the maximum weekly benefit for temporary total disability is $1,295. Workers may also qualify for long-term support if they cannot fully recover. Florida law outlines specific rules for receiving these benefits. Mental health coverage is limited and usually requires a related physical injury. There is a special exception for first responders under certain conditions:
- Medical Benefits: Coverage for authorized doctors, medications, and hospital visits
- Temporary Disability: Partial wage replacement if the worker cannot return to work temporarily
- Permanent Disability: Ongoing benefits if the worker cannot fully recover
- Vocational Rehabilitation: Services to help the worker find a new job or learn new skills if needed
Mental health conditions are covered only if they are linked to a physical injury. One exception is for first responders, such as firefighters and EMTs, under specific legal rules.
Time Limits and Legal Rules
Florida workers’ compensation law includes strict deadlines and rules. Injured workers must file a Petition for Benefits within two years from the date of the injury or from when the injury was first discovered. If the deadline is missed, it may result in a loss of benefits. Employers are required to report injuries to their insurance company within seven days of being notified.
Timely action helps ensure access to medical care and wage replacement benefits. Florida law also limits expert witness fees in workers’ compensation hearings to $300 per hour or per day. This cap helps control legal costs but also affects how expert testimony is used during a claim. It is important to keep records, follow deadlines, and respond to requests from insurance companies. Getting legal help early can assist in understanding and following these rules. Every step taken on time may support a stronger and more organized claim.
What if Your Claim Is Denied?
If your workers’ compensation claim is denied in Florida, you have the right to dispute the decision. Common reasons for denial include missed deadlines, lack of medical evidence, or the claim being considered not related to work. When this happens, you may request a hearing before a Judge of Compensation Claims. The process begins by filing a Petition for Benefits with the Florida Division of Administrative Hearings. In general, there is a two (2) year period to file a Petition from the date of the injury or the date the injury becomes known. At the hearing, you can present medical records, witness statements, and other evidence.
Legal guidance can help gather and organize the documents needed to support your case. An attorney may also represent you during the hearing and respond to arguments made by the insurance company. It is important to stay informed and follow all required steps. Proper preparation can make a difference in the outcome.
Why Legal Help Can Make a Difference
Workers’ compensation laws in Florida are designed to protect workers who are injured on the job. However, the rules can be complex and hard to understand. Each injury case is different, and the process to get benefits may feel confusing or overwhelming. This can be especially true after a serious injury, when focusing on recovery is already difficult.
A law firm with experience in Florida’s workers’ compensation system, such as Rosenberg & Rosenberg, can provide important help. They can explain your rights clearly according to Florida law. Knowing your rights is the first step towards pursuing the benefits you may be entitled to under Florida law.
They also guide you through the necessary medical evaluations and help organize important documents. These steps are critical in supporting your claim and showing the connection between your injury and your work.
Rosenberg & Rosenberg can communicate directly with the insurance companies on your behalf. Insurance carriers often have complex procedures and may delay or deny claims. Having legal support can help you avoid mistakes and protect your interests.
If your claim is denied or if you face challenges, they can represent you during appeals or hearings. Legal representation increases your chances of a fair outcome by ensuring that all rules are followed and your case is presented clearly.
Contact Rosenberg & Rosenberg
If you were injured on a construction site, don’t face the challenges alone. Reach out to Rosenberg & Rosenberg for a free consultation. Their experienced team can help you understand your rights, guide you through the claims process, and provide support if your claim is denied. Getting advice early may enhance your chances of accessing the benefits available under Florida law.
Disclaimer: This article is for informational purposes only. It does not provide legal advice and does not create an attorney-client relationship.
