How Can a Construction Accident Law Firm Help?

If you work in construction, understanding how a Florida construction accident law firm can help you might change your life. Getting injured in a construction site accident often means you’re unable to continue to do your job. Your medical and household bills can add up quickly. If you don’t get the treatment you need, you may face unnecessary complications for months, years, or even the rest of your life.

Fortunately, Colling Gilbert Wright is dedicated to helping injured workers get the compensation they deserve after a construction site accident. If you or a loved one has been injured on the job, contact our Orlando construction accident law firm to learn about your rights and legal options. Call (407) 712-7300 today to schedule a FREE case evaluation.

Our construction accident attorneys proudly represent our neighbors in Orlando and throughout Florida. We recognize the strain and suffering families endure after a loved one is injured. Let us help guide you to a just recovery so you can use your energy to heal.

7 Ways a Construction Accident Law Firm Can Help 

The aftermath of a construction site accident can be incredibly daunting. From understanding your eligibility for workers’ compensation to ensuring you’re not undervalued or overlooked by insurance companies, the challenges are vast.

This is where a dedicated construction accident law firm steps in. With knowledge of the law and a commitment to justice, a firm can guide you through each stage of your claim and help safeguard your rights.

Here are seven ways an Orlando construction accident lawyer can make a significant difference in your case:

1. Determining If You Are Eligible for Workers’ Compensation

When you get injured in a construction site accident, one of the first things you need to know is whether you are eligible for workers’ compensation benefits. In Florida, the Workers’ Compensation Law mandates that all construction companies provide workers’ comp insurance for their employees. This law aims to make sure that workers receive medical care and compensation for lost wages due to job-related injuries without the need to prove fault.

However, not all workers qualify under this coverage. Independent contractors, who are not classified as employees, generally do not receive workers’ comp benefits under their hiring entity’s policy. The distinction between an employee and an independent contractor hinges on several factors, such as the degree of control the employer has over the worker and the nature of the work performed.

Additionally, some construction companies may fail to comply with the law by not securing the necessary workers’ compensation insurance or misclassifying employees as independent contractors to evade providing benefits. This non-compliance can leave injured workers vulnerable and without recourse through workers’ compensation. The guidance of an experienced workers’ compensation lawyer becomes essential in this situation.

A construction accident law firm can help injured workers understand their classification, assess the legality of their employer’s actions, and handle the steps to claim rightful benefits or explore alternative legal actions.

2. Determining If You Have a Claim Outside of Workers’ Compensation

In Florida, you might also have grounds for a third-party claim alongside a workers’ compensation claim. This could provide additional compensation for injuries sustained on a construction site.

For instance, under premises liability laws, if you slipped and fell due to a hazard on a property that the owner failed to address, you could file a claim against the property owner. Similarly, product liability claims can be pursued if your injury was caused by defective equipment, like a malfunctioning tool or piece of machinery.

These third-party claims are essential as they can cover damages not available through workers’ compensation, such as pain and suffering, full lost wages, and future earning capacity. Such claims require meticulous investigation and understanding of the overlap between workers’ compensation laws and personal injury or product liability statutes.

The help of a construction site accident attorney can be crucial. They can swiftly determine the viability of your claim, identify responsible parties, and initiate timely legal action to secure the comprehensive compensation you deserve.

3. Calculating Your Benefits and/or Damages 

Dealing with the ins and outs of Florida workers’ comp laws requires a comprehensive understanding of the benefits available to you. Under Florida Statutes § 440.09, workers’ compensation benefits may include:

• Medical Expenses
• Disability Benefits (both temporary and permanent)
• Rehabilitation Costs
• A Portion of Lost Wages

The challenge often lies in accurately calculating these benefits to secure maximum coverage.

Beyond workers’ compensation, if you pursue a third-party claim, you may also be entitled to damages not covered by workers’ comp. These can include:

• Lost Wages
• Future Earning Capacity
• Pain & Suffering
• Loss of Enjoyment of Life

In cases where workers’ comp doesn’t cover your construction site injury, you may also be able to pursue medical expenses, rehabilitation costs, and assisted care through your personal injury claim. Calculating such damages requires a detailed assessment of your current and future medical needs, your ability to work, and the impact on your quality of life.

A skilled Orlando construction accident law firm can make sure you don’t unknowingly settle for less than you deserve. They employ proven methodologies to evaluate the full scope of your financial, physical, and emotional losses. It is important to pursue adequate compensation for all facets of your injury.

4. Helping You Protect Your Legal Rights 

Safeguarding your legal rights after a construction accident is imperative. This is true whether you are filing for workers’ comp or pursuing an outside claim.

There are several actions construction workers must perform to secure workers’ compensation benefits. If you do not complete these, you could miss out on the benefits you deserve. Some of the measures you need to take include:

• Reporting the injury within 30 days to your employer, per § 440.185 (report to detail the time, location, and nature of the accident)
• Securing medical care from an approved provider
• Understanding your medical diagnosis and treatment plan

Failure to adhere to these protocols might jeopardize your benefits. A workers’ compensation attorney can take many of these steps for you, and can guide you through the steps you need to take on your own.

When a third-party claim is viable, a construction site accident lawyer plays a pivotal role. Lawyers help navigate these procedural necessities and advocate on your behalf. They work to protect your rights at every stage.

Your attorney will manage litigation, coordinate with medical professionals to substantiate claims, negotiate with insurers and opposing counsel to uphold your interests, and ensure all deadlines and statutes of limitations are met. This comprehensive legal support is indispensable for securing the justice and compensation you deserve.

5. Helping You Avoid Costly Mistakes

Handling a construction accident claim requires meticulous attention to detail to avoid pitfalls that could jeopardize your compensation. Common mistakes include:

• Missing deadlines
• Miscommunicating the severity of injuries
• Inaccurately documenting the incident

These errors can significantly undermine your case, potentially leading to denied claims or reduced settlements.

Engaging a construction accident law firm early ensures you receive guidance on avoiding these errors. When you contact an attorney, they can outline critical dos and don’ts and help you move forward confidently, knowing your legal rights and potential for full compensation are protected.

6. Negotiating for a Lump Sum Settlement (If Appropriate)

Opting for a lump sum settlement in a workers’ compensation claim can offer clear advantages. A lump sum provides certainty in the total compensation you’ll receive without the unpredictability of future benefits possibly being cut off. Knowing the exact sum upfront can facilitate better financial planning, especially in managing long-term medical costs and lifestyle adjustments.

However, accurately forecasting the expenses associated with a severe injury can be complex. If there’s uncertainty about the full extent of future costs, a lump sum may not cover all needs.

This is where the knowledge of a construction accident injury lawyer becomes invaluable. Skilled workers’ compensation attorneys can assess the potential long-term impacts of your injuries against the offered settlement. Should a lump sum be advantageous, your legal team will adeptly negotiate to secure a settlement that reflects the gravity of your circumstances and safeguards your future.

7. Making Sure Your Employer & the Insurance Companies Don’t Take Advantage of You

It’s not uncommon for employers and insurance companies to prioritize their financial interests over the well-being of injured workers. This can manifest in efforts to minimize payouts or deny claims outright, regardless of the legitimate needs of the injured.

A construction site accident lawyer is critical in defending your rights against such practices. With seasoned attorneys, you are equipped to counteract any unfair tactics these entities employ. Providing vigilant representation and strategic advocacy, your legal team ensures that your recovery and compensation are not compromised. This comprehensive support is vital in securing a just outcome and holding responsible parties accountable.

Contact Our Orlando Construction Accident Law Firm for Free

If you’ve suffered an injury on a construction site, don’t go through this challenging time alone. An Orlando construction accident law firm can walk by your side, providing guidance and support while you focus on healing.

At Colling Gilbert Wright, we champion your rights with commitment and integrity. Contact us today to schedule a FREE consultation. Let us help you seek the compensation you deserve. Reach out today, and let our experience handling construction site accident claims be your guide.