Help For Florida Construction Accident Victims

Construction workers can suffer a wide range of serious injuries, from broken bones to traumatic brain injuries. Unfortunately, wrongful death is also possible after a construction accident. Given the physical demands of construction work, even a relatively minor injury may permanently derail your career.

At Matheson and Horowitz in Vero Beach, we help construction workers and their families seek workers’ compensation benefits. Our lawyers have over 70 years of combined experience. We are aggressive trial attorneys who can take your case through the appeals process when necessary. Let’s speak today about your accident and injuries. Your consultation is free.

Construction Sites Are Dangerous Places To Work

There are many ways to be injured while working construction, including:

• Crane and other heavy equipment accidents
• Struck-by accidents
• Caught-in or caught-between accidents
• Construction vehicle accidents
• Falling objects
• Defective tool accidents and injuries
• Contact with power lines or electrical wires
• Structural collapse
• Falls from elevated heights
• Ladder or scaffolding accidents
• Trench accidents

You may have been injured in another way. Just talk with us about your accident, and we will see how we can help you.

Construction Accident Injuries Can Be Catastrophic Or Fatal

The dangerous nature of construction work often leads to life-changing or fatal injuries. We have represented workers and surviving family members in cases that involve injuries such as:

• Impalement injuries
• Head and brain injuries
• Spinal cord injuries and paralysis
• Back injuries
• Amputations
• Burns and electric shock injuries
• Toxic exposure illness or injury
• Crush injuries and compartment syndrome
• Broken bones

You can seek workers’ compensation for your injuries or for the loss of your family member if they suffered a wrongful death from an on-the-job injury.

Are Independent Contractors Covered After Vero Beach Construction Accidents?

Many Vero Beach construction projects involve general contractors, subcontractors, temporary laborers, trade workers and workers who are told they are independent contractors. After a serious injury, that label can become a major issue. Some employers use the independent contractor classification to avoid paying workers’ compensation insurance or to argue that an injured worker is not covered after a construction site accident.

However, being called an independent contractor does not always mean a worker is legally treated as one. Florida may look at the actual working relationship, including how much control the company had over the worker’s job duties.

If a contractor, subcontractor or employer controlled how the work was performed, the worker may be closer to an employee under the law. This can matter after a construction accident involving falls, falling materials, equipment injuries, scaffolding accidents, electrocution, trench collapses or other job-site hazards.

A worker may be told they are not eligible for workers’ compensation benefits simply because they were paid as a contractor or received a 1099. That answer may not tell the full story. Several details may help show whether a worker was misclassified, including:

• Who controlled the workers’ daily schedule
• Whether the worker had to follow direct instructions
• Who supplied the tools, equipment or materials
• Whether the worker could refuse assignments
• Whether the worker worked mainly for one company
• Whether the company supervised the work on-site
• Whether the worker’s role was central to the construction project

Misclassification can create confusion when an injured worker needs medical treatment. The employer may deny responsibility, the insurance company may refuse to authorize care and the worker may be left unsure about how to pay for treatment or replace lost income.

An attorney can review the work arrangement, payment structure, job-site control and accident details to determine whether a worker may still qualify for workers’ compensation benefits. This review can help determine whether another party, such as a subcontractor, property owner or equipment company, may be responsible for the construction accident.

Frequently Asked Questions About Vero Beach Construction Accidents

Construction accident claims can raise urgent questions about reporting deadlines, medical care, fault and eligibility for benefits. The answers below explain common issues injured workers may face after a construction site injury in Vero Beach.

How long do I have to report a construction work site injury in Florida?

Injured workers generally should report a workplace injury to their employer within 30 days. Waiting too long can make the claim harder to prove and may give the insurance company a reason to challenge your benefits.

The sooner you report the accident, the easier it may be to connect your injury to the construction site. This is especially important for injuries that worsen over time, such as back injuries, shoulder damage or repetitive strain from heavy labor. Because timing can affect your right to benefits, it is important to speak with an attorney as soon as possible after a Vero Beach construction accident.

Can I choose my own doctor after getting injured in a construction accident?

In many Florida workers’ compensation cases, the insurance company chooses the authorized treating doctor. This can be frustrating for injured workers who already have a trusted doctor or who feel the assigned doctor is not listening to their concerns.

You should still attend approved medical appointments and follow treatment instructions. Skipping appointments or seeing an unauthorized doctor without proper approval may create problems with your claim.

In some situations, you may request a one-time change of physician. A lawyer can help you understand how that process works and whether the insurance company is following the rules.

What if my construction injury was caused by my own mistake?

Florida workers’ compensation is generally a no-fault system. This means you may still qualify for benefits even if your own mistake helped cause the accident.

For example, a worker may slip, lift something incorrectly or make an equipment-related error and still have a valid workers’ compensation claim. The main issue is usually whether the injury happened while performing job-related duties.

However, insurance companies may still look for reasons to deny or limit benefits. If there are claims about horseplay, intoxication or intentional misconduct, the case may become more complicated. Working with an attorney can help protect your claim and respond to the insurer’s unfair arguments.

Can my construction site injury be covered by workers’ compensation in Florida if I am undocumented?

Undocumented workers may still have rights after a construction accident in Florida. Immigration status does not automatically prevent an injured worker from seeking workers’ compensation benefits.

This is important because construction workers may avoid reporting injuries out of fear. Some employers may use that fear to discourage workers from filing a claim. Injured workers should know that medical care and wage benefits may still be available after a job-related injury.

If you were hurt while working on a construction site in Vero Beach, a lawyer can help you understand your rights while handling the claim carefully and privately.

Find Out What We Can Do For You After A Construction Accident

You want to work with lawyers who are ready for a fight with the workers’ compensation attorneys. We are always prepared for trial. We are not looking just for the first settlement offer because those are often much less than people deserve.

Call us today at 772-571-4109 for a free consultation. You can also send us an email, and we’ll get back to you shortly.