The Fatal Four in Construction Accidents in Florida

Experienced workers’ compensation attorneys understand how dangerous construction sites can be in Florida, based on many years of helping injured workers recover compensation in workers’ compensation claims. Knowing when or how to file a workers’ compensation claim can be tough when you’re already hurting from an injury on the job.

As a workers’ compensation attorney who serves Sunrise, Fort Lauderdale, and all of South Florida, I know that a workplace accident on a construction site often leaves an injured worker with severe injuries that make it impossible to work.

This blog shares the fatal four in construction accidents in Florida, because knowing about the biggest risks workers face on construction sites can help you stay safe on the job and avoid workplace injuries.

Have you already had a work-related accident? Need help with your Florida workers’ compensation claim? Call (954) 677-0155(954) 677-0155 to schedule your free consultation with a workers’ compensation lawyer.

The Fatal Four in Construction Accidents

Florida workers’ compensation lawyers recognize that four specific and fatal types of accidents often happen on construction sites.

Falls

As the leading cause of death in construction accidents, falls happen when someone trips or slips from a high place. Workers can fall because of unstable scaffolding, unsecured ladders, or unsafe working conditions. To prevent falls, always use proper fall protection equipment such as harnesses and guardrails. Secure all scaffolding and ladders before using them and keep work areas clear of any debris or hazards that could cause someone to slip or trip.

Struck-By Objects

Being struck by objects, which includes being hit by falling objects like tools or building materials, or being struck by moving objects like heavy machinery or vehicles, is the next most common cause of death in construction accidents. A lack of proper safety protocols and procedures often causes these accidents. To prevent being struck by objects, secure all tools and materials properly when working at heights, follow established traffic patterns for moving machinery and vehicles on site, and always wear a hard hat and other personal protective equipment.

Electrocutions

Electrocutions occur when someone comes into contact with live electrical wires or equipment, which can happen because of improper grounding, damaged cords, or unsafe use of electrical equipment. When working near power lines or using power tools, construction workers are most at risk for electrocution. To prevent electrocution, always follow safety protocols around electricity and properly ground and maintain all tools and equipment. Never work near power lines without the right training and safety equipment.

Caught In-Between Accidents

The final of the fatal four in construction accidents is caught in-between accidents. This kind of accident happens when a worker is caught, crushed, or compressed between two objects, such as heavy machinery or building materials. It can take place due to improper use of equipment, lack of safety barriers, or unstable loads. To prevent these accidents, always follow proper safety procedures when using heavy machinery and stabilize all loads before moving them. Keep work areas clear of hazards that could cause someone to become caught in or between objects.

A Florida Workers’ Compensation Lawyer Explains What to Do If You Have a Workplace Injury

No one wants to think about getting injured on the job, whether you work in construction or in another industry. However, being prepared is important in case it does happen. Fortunately, Florida workers’ compensation benefits are available to injured workers, and most employers with four or more employees must carry workers’ compensation insurance. If you suffer an on the job injury, you may seek benefits like medical care, temporary disability benefits, permanent disability benefits, and vocational rehabilitation, thanks to the state’s workers’ compensation program.

After a workplace injury, you’ll want to file a workers’ compensation claim. However, to protect your rights and allow you to pursue the workers’ compensation benefits allowed by law, taking the following steps is critical.

Report the Injury Immediately

The first thing you should do after a work-related accident is report it to your employer. In Florida, workers’ compensation laws require employees to report their injuries to their employers within 30 days of the incident. However, if you can, report the injury immediately so that your employer can begin the process of filing a claim with their insurance company.

Seek Medical Attention

If your injury requires immediate medical attention, see an authorized medical provider right away. Remember, you must see an approved doctor under your employer’s workers’ compensation insurance if you want workers’ compensation to cover your medical expenses. Workers’ comp will only cover authorized medical bills.

Follow Your Authorized Doctor’s Orders

After seeing an authorized medical provider, follow any treatment plans or restrictions they give you. If you do not comply with their instructions, you may receive a denial of benefits from the workers’ compensation insurance company.

Wait to Hear from Your Employer’s Insurance Company

The insurance company investigates the claim and determines its validity. If approved, you will receive benefits according to your eligibility. If denied, you have the right to appeal the decision through mediation or a hearing before a judge.

Document Everything

Keep detailed records of all communication with your employer and their insurance company about your injury and your workers’ compensation claim. Maintain a file of medical records, medical bills, prescriptions, and other expenses related to your injury. An experienced attorney will tell you that all of these things serve as evidence in a workers’ compensation case.

Contact a Workers’ Comp Lawyer

Moving through the workers’ compensation system can be challenging, especially when you have a workplace injury that requires extensive medical treatment. On top of the pain and inconvenience, you’re dealing with the stress of lost wages and financial hardship because you cannot work. That’s why it is in your best interest to consult an experienced workers’ compensation attorney in Florida who can guide you through the process and protect your rights. They can also negotiate for fair compensation and represent you in any hearings or appeals if necessary.

Benefits Available to Injured Workers Under Florida Workers’ Compensation Law

When you sustain an injury at work in Florida, the workers’ compensation system provides medical benefits for your care and recovery. This coverage includes payment for all necessary and reasonable medical treatment from an authorized provider, with no out-of-pocket costs to you.

Under workers’ compensation, your employer’s insurance provider covers medical expenses, which can include:

• Doctor visits
• Hospitalization
• Surgical procedures
• Physical therapy
• Prescription medications
• Medical equipment like prosthetics
• Transportation to and from medical appointments

Workplace Injuries and Compensation for Lost Wages

When a work-related injury prevents you from earning your full wages, the workers’ compensation system in Florida offers wage compensation benefits to replace a portion of your lost income and give you some financial support following your injury.

Temporary Partial Disability (TPD) Benefits

If the authorized medical provider releases you to work on light or restricted duty but at a lower rate of pay under 80% of your regular wages, you can earn up to 104 weeks of TPD benefits.

Temporary Total Disability Benefits (TTD)

If you cannot return to work at all, the Florida workers’ compensation system could award you two-thirds of your average weekly wage for up to 104 weeks. The amount of your potential TTD benefit is subject to state minimum and maximum amounts per week, which change each year. Workers who sustain severe catastrophic injuries on the job can collect 80% of their wages for six months.

Permanent Total Disability (PTD)

If your injury prevents you from returning to work, under Florida law, you could receive PTD benefits until the age of 75 years old or until your condition improves enough for you to go back to work.

Impairment Income

If your authorized doctors say you have reached “maximum medical improvement” (MMI) and you still have a disability, you could receive a weekly payment for a set number of weeks. Your disability rating determines the amount and duration of this benefit.

What Is MMI in a Workers’ Compensation Claim?

MMI, or maximum medical improvement, a term used in workers’ compensation claims, refers to the point at which an injured worker’s condition has stabilized and is not expected to improve any further with additional medical treatment. It does not necessarily mean that the person has fully recovered from their workplace injuries, but that their condition most likely will not change in the future. As we mentioned, an authorized doctor determines MMI, which can affect the amount of benefits a worker may receive.

Vocational Rehabilitation Services for an Injured Worker

As Florida workers’ compensation attorneys know, in Fort Lauderdale and throughout Florida, injured workers who cannot return to their former job can receive vocational rehabilitation benefits. This type of benefit offers the injured worker an opportunity to overcome any barriers and go back to work that suits them.

Injured Fort Lauderdale workers and workers throughout South Florida and the rest of the state must understand that if they reach MMI, the Florida workers’ compensation system may stop paying temporary total disability or temporary partial disability benefits. In some cases, it will mean you will have no income at all until you find another job, even if you cannot return to your old job because of your injury.

Vocational rehabilitation services help injured workers get back on their feet and find a new career path if they cannot return to their previous position due to a work-related injury. Services include:

• Training and education for a new career path
• Job placement assistance
• Job coaching and support
• Transferable skill analysis
• Resume building and interview preparation
• Assistance with job search resources
• Other services deemed necessary and appropriate to help an injured worker return to work

Through vocational rehabilitation services, an injured worker can receive the help they need in finding employment that aligns with their physical capabilities and limitations. This benefit provides financial support through continued temporary disability benefits while the worker is undergoing retraining or searching for a new job.

What Should I Expect During the Workers’ Compensation Process?

As we mentioned, Fort Lauderdale workers and workers throughout the state of Florida begin the process by reporting their injury to their employer. The employer must then notify their insurance company, who will investigate the claim and determine whether to approve or deny benefits. If an insurance company denies a claim from an injured worker, they should seek representation from a knowledgeable workers’ compensation lawyer. Workers’ compensation operates on a no-fault basis, meaning workers can seek benefits regardless of negligence.

Upon approval, Fort Lauderdale workers and workers throughout Florida can receive medical treatment from an authorized provider and wage replacement benefits.

How Can I Prove My Workers’ Compensation Claim?

As seasoned workers’ compensation lawyers know, proving a workers’ compensation claim in Fort Lauderdale, FL and throughout the state requires thorough documentation and evidence. Injured workers must show that their injury took place during their employment, even if it occurred due to overtime or an accident in a vehicle while on the job. Medical records, witness statements, and accident reports support the validity of a claim.

The injured worker has the burden of proof in demonstrating the extent of their injuries and how they impact their ability to work. This proof could include evidence of physical stress, mental health issues, or chronic pain due to the workplace incident. Documenting all symptoms and limitations will help you in your pursuit of the workers’ comp benefits available to you by law. Our workers’ compensation lawyers can guide you through every step. We work on a contingency fee basis, which means you do not pay us unless we win your workers’ comp case.

Third-Party Personal Injury Lawsuits and Workers’ Compensation Claims

Injured workers in Sunrise, Fort Lauderdale, and throughout South Florida could potentially pursue a third-party personal injury claim along with a workers’ comp claim.

A personal injury claim could provide compensation for additional damages not covered by your workers’ compensation benefits claim. For example, a delivery truck driver who gets hurt in an accident caused by a distracted driver while on the job could file a personal injury lawsuit against the at-fault driver, in addition to their workers’ compensation claim.

In cases with severe injuries necessitating surgery or causing brain damage, a third-party claim can help cover long-term medical expenses and lost wages. Hospital bills, medicine, physical rehabilitation, and ongoing health care treatment costs can add up fast and exceed workers’ compensation benefits. In such a case, a personal injury lawsuit allows an injured worker to seek financial compensation as they work with authorized providers to regain their health and reach MMI.

Skilled Florida workers’ compensation lawyers can assess the circumstances of a workplace accident to determine if it makes sense to pursue a third-party claim. A workers’ comp attorney from our law firm can guide you through the complex legal process and explore your options for seeking compensation.

Death Benefits

Workers’ comp benefits include death benefits in the tragic event that a work-related injury or illness results in an employee’s death. These benefits, designed to support the worker’s surviving family members, can include:

• Coverage of funeral and burial expenses
• Ongoing financial assistance to the deceased worker’s dependents

Factors like the deceased’s average weekly wage and the number of surviving dependents determine the amount and duration of death benefits.

Injured on the Job and Need Help from a Law Firm That Focuses on Workers’ Compensation Cases? Contact the Law Offices of David M. Benenfeld, Serving Fort Lauderdale, Florida and Surrounding Areas

Are you an injured employee who needs workers’ comp, but feels overwhelmed by the system? At the Law Offices of David M. Benenfeld in Sunrise, Florida, we help injured workers in and around Fort Lauderdale. If you’ve been injured, you’re not alone. Our dedicated law firm is here to help and here for you every step of the way. With our guidance, you can seek financial support and the necessary medical care you need to recover from your workplace accident. A workers’ comp attorney from our firm can also help you pursue a lump sum settlement. Call us today at (954) 677-0155(954) 677-0155 or fill out our online form to schedule a free consultation.

At the Law Offices of David M. Benenfeld, If You’ve Been Hurt – We Can Help!

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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