West Palm Beach Construction Injuries
In Florida, more than a half million people work in the construction field. Taking into consideration the need to rebuild following natural disasters, it’s no wonder South Florida construction injuries are so common.
Construction industry employers with one or more full- or part-time employees must provide workers’ compensation coverage for all employees. According to Florida law, there are no independent contractors in the construction industry; everyone must be either a business owner or an employee. Construction industry employers who hire subcontractors must ensure that they have workers’ compensation or a valid exception. If the subcontractor has employees, they must be covered under workers’ compensation, even if the owner is exempt. If the subcontractor does not offer workers’ compensation coverage to his employees, they become employees of the contractor.
Common Injuries On The Job
Even the most well-run construction site runs the risk of incurring accidents, due to the number of people, machinery, and equipment. Some of the most common injuries on the job include:
- Falls (from ladders, scaffolding, roofs, etc.)
- Being struck by falling objects (e.g., power tools falling from scaffolding)
- Electrocution and burns
- Caught-In/Between (e.g., caught in a machinery, crushed by equipment)
- Slipping or tripping on cables, debris, and other obstacles
- Trench collapses
- Heatstroke and sunstroke
- Lacerations and disfigurement
- Exposure to toxic chemicals
- Vision and hearing loss
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Construction Injuries Workers' Compensation Claims Basics
As a construction worker, you can make a serious effort to avoid injury by finishing all training, wearing all required personal protective equipment (PPE) including glasses, hardhat, etc., using safety restraints properly, obeying your workplace’s safety policies and procedures, and practicing situational awareness.
Your best efforts notwithstanding, accidents can occur. Devastating construction injuries can result in lost work and wages, crippling medical bills, the need for ongoing physical and/or occupational therapy, and emotional distress.
If you are injured on the job, notify your employer right away. For workers’ compensation insurance reasons, your employer may require you to see an authorized provider. Inform your treating physician(s) about the details of your construction injury and keep copies of all documentation, including doctors’ reports, records, and bills. If you choose to file a construction injuries workers’ compensation claim, you may not sue your employer. Or, if you decide to take legal action, you may not claim workers’ compensation. An experienced and dedicated Workers’ Compensation attorney at DiBiaggio Law can guide you in choosing the best option based on your injuries, the facts of the case, and your ongoing need for compensation to cover medical and other costs.
The Florida Division of Workers’ Compensation (DWC) monitors all workers’ comp claims in the state. Once you have notified your employer about your injury, they have seven days to report your on the job injury to their workers’ compensation insurance company. The insurance company will conduct an investigation to determine your eligibility for benefits, which may include:
- A review of your medical records
- An analysis of your work experience, education, and wages
- An order of a medical examination to assess your condition
- A functional capacity evaluation to assess your ability to perform your work duties
Florida workers’ compensation law requires insurance companies to approve or deny your workers’ compensation benefits as quickly as possible. If approved, you will receive disability payments and other benefits. However, the sad reality is that insurance companies deny many workers’ compensation claims.
Do I Have A Case?
Even if you strictly adhere to the process for filing a construction accident workers’ compensation claim, the workers’ compensation insurance company may still deny it. To understand your rights and receive the compensation to which you are entitled, you need the services of an experienced and dedicated workers’ compensation attorney.
With 30 years of experience in work accident and personal injury cases, DiBiaggio Law combines a thorough knowledge of the law and a passion for helping clients in Palm Beach, Broward, Miami-Dade, and Monroe Counties receive proper compensation following an injury on the job.
How Much Is My Case Worth?
We can't tell you how much your case is worth without learning the details. You’ll need to meet with us and share the pertinent details of your injury on the job and the workers’ compensation protocols you followed. Talk to a South Florida Workers’ Compensation attorney as soon as possible. Contact us at (561) 473-9800 or toll free at 844-443-1212 to talk to a DiBiaggio Law Workers’ Compensation attorney who can help you build your case.