Fort Lauderdale Machinery Accident Lawyer

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Construction sites in Fort Lauderdale are some of the busiest work environments, with projects spanning from high-rise buildings to road expansions. Heavy machinery is essential for completing these jobs, but when accidents happen, they can lead to severe injuries. 

Whether it’s a malfunctioning crane, a forklift mishap, or an issue with a bulldozer, machinery accidents on construction sites can leave workers dealing with significant medical bills, lost wages, and long-term recovery.

If you or a loved one has been injured in a construction accident involving machinery, you may have legal options. Florida’s workers’ compensation laws provide benefits to injured employees, but the process can be difficult to navigate. Additionally, if someone other than your employer contributed to the accident, you may be able to pursue additional legal action to recover damages.

To discuss your legal options, call us today at (754) 254-5790. 

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Why Choose Us for Your Fort Lauderdale Construction Machinery Accident Case?

When dealing with a serious construction accident, choosing the right Fort Lauderdale Machinery Accident Lawyer can make all the difference in your case. You need a lawyer for a workers’ comp settlement who understands the challenges injured workers face and knows how to navigate the system. We work to ensure you receive the compensation you deserve. Here’s what sets us apart:

  • Focused on Workers’ Compensation and Injury Claims – We handle workers’ compensation and personal injury cases related to construction accidents,Law Offices Of David M. Benenfeld, P.A. ensuring that injured workers get the benefits they need.
  • Familiarity with Fort Lauderdale Construction Sites – We understand the local construction industry, from high-rise developments near Las Olas Boulevard to roadwork along I-95 and Sunrise Boulevard.
  • Aggressive Representation Against Insurance Companies – Employers and their insurers often try to minimize payouts. We fight back to ensure your claim is handled fairly.
  • No Upfront Fees – You don’t pay unless we secure compensation for you.

What to Expect from the Insurance Company After a Construction Accident

After a machinery accident, dealing with insurance companies can be frustrating. Here’s what to expect:

  • Quick Settlement Offers – Insurers may offer a low settlement soon after your injury. This amount is often far less than what you deserve.
  • Delays in Processing Claims – Insurance companies may drag out the process, hoping you’ll accept less or give up.
  • Disputes Over the Cause of Injury – Insurers may argue that your injury wasn’t work-related to avoid paying benefits.
  • Medical Treatment Restrictions – You may be required to see an employer-approved doctor, who could downplay your injuries.

Here is how we fight for injured construction workers in Fort Lauderdale:

  • Handling Workers’ Compensation Claims – We ensure all paperwork is filed correctly and advocate for full benefits.
  • Appealing Denied Claims – If your claim is denied, we fight to get you the compensation you need.
  • Investigating Third-Party Liability – If a manufacturer, contractor, or other third party contributed to your injury, we pursue additional legal action.
  • Negotiating Maximum Compensation – Whether through a settlement or court case, we work to secure financial support for your medical bills, lost wages, and recovery.

Common Causes of Machinery Accidents on Fort Lauderdale Construction Sites

Construction workers in Fort Lauderdale face unique challenges due to the city’s rapid growth and development. 

With major projects occurring along Las Olas Boulevard, Downtown Fort Lauderdale, and near I-95, heavy machinery is constantly in use. Some of the most common causes of construction machinery accidents include:

  • Defective Machinery – If a piece of equipment malfunctions due to a manufacturing flaw or a design defect, it can cause serious harm.
  • Lack of Maintenance – Regular maintenance is required to keep machinery functioning properly. When companies fail to inspect and repair equipment, it increases the risk of failure.
  • Operator Error – Without proper training, workers may use machinery incorrectly, leading to accidents.
  • Safety Violations – If an employer or contractor fails to enforce proper safety protocols, workers are put at greater risk.
  • Mechanical Failures – Faulty brakes, hydraulic system failures, and electrical issues can cause machinery to behave unpredictably.
  • Struck-By Accidents – Construction equipment often moves through busy work zones. If a worker is in the wrong place at the wrong time, they can be struck or pinned.

Types of Machinery Involved in Fort Lauderdale Construction Accidents

Several types of heavy machinery are frequently involved in construction accidents, including:

  • Cranes – Common in high-rise projects near Fort Lauderdale Beach and downtown, cranes can cause injuries if they collapse, drop materials, or make contact with power lines.
  • Forklifts – Used to transport materials, forklifts can tip over or strike workers if not operated carefully.
  • Excavators and Backhoes – Used in roadwork along Federal Highway (US-1) and other major areas, these machines can cause crushing injuries.
  • Bulldozers – Powerful machines used to clear land for new developments can lead to serious accidents.
  • Concrete Mixers – Workers involved in the booming construction of condos and commercial buildings may face exposure to hazardous materials or moving parts of these machines.
  • Compactors and Rollers – Used in paving projects on roads like Sunrise Boulevard and Oakland Park Boulevard, these machines can cause severe injuries if safety measures are ignored.
  • Power Tools – Nail guns, saws, and drills can malfunction, causing lacerations, punctures, or electrical injuries.

Workers’ Compensation for Construction Machinery Accidents

If you were injured in a construction accident involving machinery, Florida law allows you to seek workers’ compensation benefits. These benefits can help cover:David M. Benenfeld | Florida Injury Law Attorney | Call 954-677-0155

  • Medical Expenses – Hospital visits, surgeries, medication, rehabilitation, and ongoing treatment costs.
  • Lost Wages – Partial wage replacement while recovering from injuries.
  • Disability Benefits – If the injury results in long-term impairment, additional compensation may be available.
  • Death Benefits – In cases where a worker loses their life due to a machinery accident, surviving family members may receive financial support.

When Can You Pursue Additional Legal Action?

Workers’ compensation prevents employees from suing their employer, but there are situations where a separate claim may be possible, including:

  • Defective Equipment Claims – If a machinery defect caused the injury, a claim may be filed against the manufacturer or distributor.
  • Third-Party Negligence – If a contractor, subcontractor, or another company’s negligence caused the accident, you may be able to hold them accountable.
  • Unsafe Worksite Conditions – If an accident was caused by unsafe practices on a job site, an investigation can determine who is responsible.

Steps to Take After a Machinery Accident on a Fort Lauderdale Construction Site

If you are injured in a construction accident, taking the right steps can protect your health and your ability to seek compensation:

  1. Seek Medical Attention – Even if injuries seem minor, getting evaluated by a doctor is crucial.
  2. Report the Injury – Notify your employer immediately to start the workers’ compensation process.
  3. Document the Scene – Take photos of the accident site, machinery involved, and your injuries.
  4. Gather Witness Information – Coworkers or others who saw the accident can provide statements.
  5. Follow Medical Instructions – Adhering to treatment recommendations is important for recovery and claim eligibility.
  6. Speak with a Lawyer – Legal guidance can help navigate workers’ compensation claims and potential third-party lawsuits.

The Impact of Construction Machinery Accidents on Workers and Families

Machinery accidents don’t just affect workers—they also place a financial and emotional burden on families. Some common long-term consequences include:

  • Financial Strain – Medical bills and lost income can create significant hardship.
  • Physical Limitations – Serious injuries may require long-term rehabilitation or prevent workers from returning to construction jobs.
  • Emotional Distress – Anxiety, PTSD, and depression are common after traumatic accidents.
  • Family Burden – Loved ones may need to take on caregiving responsibilities or find ways to make up for lost income.

Understanding Florida Workers’ Compensation Laws for Construction Accidents

Florida law requires most employers in the construction industry to carry workers’ compensation insurance. This system is designed to provide benefits to workers who are injured on the job, regardless of fault. However, while the law is meant to protect workers, the process of obtaining compensation is not always straightforward.

Who Is Eligible for Workers’ Compensation in Florida?

To qualify for workers’ compensation benefits in Florida, you must:

  • Be classified as an employee (not an independent contractor).
  • Have suffered an injury while performing job-related duties.
  • Report the injury to your employer within 30 days of the accident.
  • Receive medical treatment from an employer-authorized provider.

If your claim is denied, delayed, or undervalued, legal representation can help ensure you receive the benefits you are entitled to under Florida law.

What If My Construction Injury Was Caused by a Third Party?

While workers’ compensation provides benefits, it does not allow you to sue your employer for additional damages. However, if another party was responsible for your injury, you may be able to file a personal injury claim.

Here are some examples of third-party liability in construction machinery accidents:Million Dollar Advocates Forum

  • Defective Machinery – If your injury was caused by a defective forklift, crane, or bulldozer, the manufacturer could be held liable.
  • Negligent Contractors or Subcontractors – Many construction sites have multiple companies working together. If a different company created unsafe conditions, they may be responsible.
  • Property Owner Negligence – If you were working on a private property where hazardous conditions caused your injury, the property owner could be liable. Negligence in a workers’ compensation claim may also come into play.
  • Vehicle Accidents on the Job Site – If a reckless driver caused your injury while operating machinery, they may be held accountable.

Unlike workers’ compensation, a third-party claim allows you to seek compensation for pain and suffering, emotional distress, and full lost wages—damages that workers’ compensation does not cover.

Common Injuries in Construction Machinery Accidents

Construction machinery accidents can cause severe, life-altering injuries. Some of the most common include:

  • Crush Injuries – Heavy equipment can trap or pin a worker, leading to broken bones, internal organ damage, or even amputations.
  • Traumatic Brain Injuries (TBI) – Head injuries from falling objects or machinery malfunctions can cause permanent cognitive impairment.
  • Spinal Cord Injuries – Falls or machinery accidents can lead to paralysis or other mobility issues.
  • Severe Burns – Machinery that uses fuel or electricity can cause fires and explosions.
  • Electrocution – Contact with power lines or faulty equipment wiring can result in electrocution.
  • Lacerations and Puncture Wounds – Sharp machinery parts and power tools can cause deep wounds that may lead to infections.

The severity of these injuries often means long-term medical care, rehabilitation, and an uncertain future. This is why it is critical to seek full compensation for all current and future expenses.

How Long Do You Have to File a Claim After a Construction Accident in Florida?

Florida law has strict deadlines for filing injury claims. If you miss these deadlines, you may lose your right to compensation.

  • Workers’ Compensation Claims – You must report your injury to your employer within 30 days and file your claim within two years.
  • Personal Injury Claims – If you are filing a lawsuit against a third party, you have two years from the date of the accident to take legal action.
  • Wrongful Death Claims – If a loved one was fatally injured in a construction accident, surviving family members have two years to file a wrongful death lawsuit.

Because these deadlines can pass quickly, it is important to act as soon as possible after an injury.

What If My Employer or Insurance Company Denies My Claim?

Unfortunately, many injured workers face denied or delayed claims, making it difficult to get the financial support they need. Some common reasons for denial include:Attorneys at the Law Offices Of David M. Benenfeld, P.A.

  • The employer claims the injury did not happen at work.
  • The insurance company argues that the injury was pre-existing, which can complicate your claim. You might be asked to provide a recorded statement, but be cautious — Should I give the insurance company a recorded statement is a critical question to discuss with your lawyer first. What you say can be used to minimise your claim or deny it entirely.
  • There was a failure to report the injury within 30 days.
  • The employer claims you were engaging in misconduct at the time of the accident.
  • The insurance company disputes the severity of your injuries.

If your claim is denied, you have the right to appeal the decision. This is where legal representation can make a major difference. A Fort Lauderdale Machinery Accident Lawyer can challenge unfair denials, gather medical evidence, and fight for the benefits you deserve.

The Cost of Construction Machinery Accidents: Financial and Emotional Toll

A machinery accident on a Fort Lauderdale construction site doesn’t just affect your physical health—it can also have a serious financial and emotional impact on you and your family:

Financial Burdens:

  • Emergency medical expenses – Ambulance rides, ER visits, and surgeries can add up quickly.
  • Ongoing treatment – Physical therapy, rehabilitation, and prescription medications can create lasting costs.
  • Lost wages – If you are unable to work, your income may be reduced or eliminated.
  • Home modifications – Serious injuries may require changes such as wheelchair ramps or specialized medical equipment.

Emotional and Psychological Struggles:

  • Depression and Anxiety – Many injured workers struggle with mental health issues due to job loss and financial instability.
  • Post-Traumatic Stress Disorder (PTSD) – Those involved in traumatic accidents may suffer from flashbacks and emotional distress. Injury Has Caused PTSD: Can I Seek Workers’ Compensation
  • Strain on Family Members – Loved ones may need to take on caregiving responsibilities or find new ways to support the household.

When you file a legal claim, it’s not just about recovering medical expenses—it’s about securing the financial support you need to protect your future.

Construction Safety Laws and How They Impact Your Case

Federal and state safety regulations are designed to prevent construction accidents, but violations still occur.

Here are the key safety standards for construction machinery:

  • OSHA RegulationsThe Occupational Safety and Health Administration (OSHA) requires employers to maintain safe construction sites, provide protective gear, and train workers.
  • Florida Building Code Compliance – Construction sites in Fort Lauderdale must follow local safety regulations to prevent injuries.
  • Employer Responsibility – Employers must maintain equipment, enforce safety policies, and provide proper training to workers.

If your accident was caused by a safety violation, you may have additional legal options beyond workers’ compensation.

Contact Us Today for a Free Consultation

If you or a loved one has been injured in a Fort Lauderdale construction accident, you don’t have to go through this process alone. We can help you explore your options and fight for the compensation you deserve.

Call us now at (754) 254-5790 to speak to a member of our legal team. 

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David M. Benenfeld | Florida Injury Law Attorney | Call 954-677-0155

David M. Benenfeld

I thoroughly understand Florida’s personal injury law and the tactics that insurance companies and their representatives use to avoid paying money to victims. Through years of outstanding service to clients, I have earned a reputation as a reputable advocate for the injured in Florida.

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Lisa T. Blank | Injury Attorney in Florida | Call 954-677-0155

Lisa T. Blank

Given Lisa’s passion for helping others, she has also been involved with protecting the interests of children. She has been a volunteer Guardian Ad Litem in abuse and neglect cases as well as divorce cases representing the interests of a child in Court.

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Get The Compensation You Deserve. Schedule A Free Consultation. Click To Call

(954) 677-0155

Get The Compensation You Deserve. Schedule A Free Consultation. Click To Call

(954) 677-0155

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