How Can I File a Claim for Injuries on a Construction Site?

You can file a claim for injuries on a construction site either through your employer’s workers’ compensation insurer if you are an employee or through a personal injury lawsuit against a liable third party. 

Workers’ compensation typically covers reasonable medical expenses and a portion of your wages, regardless of fault, but it does not allow employees to sue their employer directly. If a third party, such as a subcontractor, contributed to the accident, you may be able to file a lawsuit.

Non-employees, such as visitors or passersby injured on a construction site, may also have the option to file a personal injury lawsuit. A Florida work accident lawyer can evaluate your options for pursuing compensation.

How to File a Workers’ Compensation Claim for Injuries on a Construction Site

Workers’ compensation provides financial and medical benefits to employees injured on construction sites, regardless of who was at fault. Most Florida employers are required to carry workers’ compensation insurance, which allows injured workers to receive benefits without needing to prove negligence.

Here’s how you can file a workers’ compensation claim for injuries on a construction site:

• Report the workplace injury: Notify your employer in writing about the injury as soon as possible. Under Florida law, employees must report workplace injuries within 30 days of the incident. Delaying this step may jeopardize your ability to receive benefits.
• Follow up with your employer about filing a claim: Your employer is required to report the injury to their workers’ compensation insurance company no later than seven days after they become aware of it. Once the insurance company receives notice, it must send you an informational brochure within three days.
• Seek approved medical treatment: Your employer’s insurer may provide a list of authorized medical providers. Visit one of these providers for treatment, as workers’ compensation may only cover care from authorized physicians.

What Happens After You File an Initial Workers’ Compensation Claim?

After filing your initial workers’ compensation claim, the insurance company reviews the details and determines your eligibility for benefits. 

During the process, your doctor may determine you’ve reached maximum medical improvement (MMI), which means your condition is not expected to improve further with treatment. At this stage, your benefits may change depending on whether you can return to work or have a permanent impairment.

If your claim is denied or there are disputes over benefits, such as disagreements about MMI or coverage for specific treatments, a Florida personal injury lawyer can request reconsideration and take other steps if necessary to pursue the compensation you are entitled to.

Filing a Personal Injury Lawsuit for Injuries on a Construction Site

In some construction site injury cases, a third party, someone other than your employer, may be held responsible for the accident. While workers’ compensation provides benefits for injured employees, it typically prevents you from suing your employer directly. 

If a third party contributed to your injury through negligence, you may be able to file a personal injury lawsuit to seek additional compensation.

Third Parties That May Be Liable

Several third parties could be held responsible for construction site injuries, depending on the circumstances of the accident, such as:

• Contractors or subcontractors: On multi-employer construction sites, contractors or subcontractors may be liable if their actions, negligence, or failure to follow safety regulations caused your injury.
• Equipment manufacturers: If defective machinery, tools, or safety equipment contributed to the accident, the manufacturer of the defective product could be held liable under product liability laws.
• Property owners: If the property owner failed to address hazardous conditions on the construction site, such as unsafe walkways or poor lighting, they could bear responsibility for injuries caused by those hazards.

Statute of Limitations for Construction Site Injury Lawsuits

In Florida, a personal injury lawsuit generally must be filed within two years from the date of the injury, per Florida Statutes § 95.11(5)(a). Injured individuals who fail to file a lawsuit within this deadline risk losing their right to seek compensation in court.

The legal deadline applies to most personal injury cases, including those resulting from construction site accidents; however, certain factors may affect the timeline. For instance, if the injured party is a minor or if the lawsuit involves a government entity, different deadlines or requirements may apply.

An Attorney Can File a Claim for Injuries on a Construction Site

Filing a claim for construction site injuries can prove overwhelming for injured victims, whether it involves workers’ compensation or a third-party liability lawsuit. At any point in the workers’ compensation claim or third-party liability claim process, you have a right to legal representation. 

A lawyer can manage the details on your behalf, providing the following services:

• Determine your legal options: A lawyer can review the circumstances of your case, assessing whether a workers’ compensation claim, a personal injury lawsuit, or both apply.
• Handle the workers’ compensation process: A lawyer can file your workers’ compensation claim, preparing and submitting documents, gathering evidence, and meeting deadlines to avoid delays or denials.
• Help with denied claims: If your workers’ compensation claim is denied, an attorney works to resolve issues such as disputes over treatment, eligibility, or whether the injury is work-related.
• Investigate third–party liability: If a contractor, property owner, or equipment manufacturer is responsible for your injury, a lawyer can work to gather evidence, consult experts, and prove negligence in a personal injury lawsuit.

Call Us for Help Filing a Claim for Injuries on a Construction Site

At The Schiller Kessler Group, our attorneys handle every aspect of your claim, whether you are filing for workers’ compensation benefits or seeking a verdict or settlement through civil courts. 

We have recovered over $250 million for our clients, and we are ready to help you after a construction site accident injury. Contact The Schiller Kessler Group today for a free, no-obligation consultation.