Construction Injury Lawyers in Miami

Workers’ Compensation and Personal Injury Lawsuits: Your Options After a Construction Injury

One of the biggest sources of confusion for injured construction workers is knowing what kind of claim to pursue. Many assume workers’ compensation is their only option, but depending on how the accident happened, you may also have the right to file a third-party lawsuit, potentially increasing your compensation.

Workers’ Compensation

Workers’ compensation is a state-mandated insurance program designed to cover on-the-job injuries, regardless of fault. In Florida, this means you are generally entitled to medical treatment, partial wage replacement, and disability benefits after a construction accident. You are eligible for workers’ comp regardless of the cause of injury. It is not necessary to show that anyone is at fault. 

For Miami construction workers, these benefits can help cover treatment at local hospitals and clinics after falls, equipment malfunctions, or repetitive stress injuries that build up over time. However, the paperwork and strict deadlines can be daunting when you are trying to heal. A construction accident attorney Miami workers turn to can help you report the injury correctly, monitor claim deadlines, and respond if an insurance carrier tries to limit the kind of care you receive or questions whether your injuries are work related.

Because construction projects often involve temporary assignments and changing job sites, it can also be confusing to know which employer’s policy is responsible. Someone may work on a tower crane project near the Miami River one month and a road improvement job along the Palmetto Expressway the next. Careful review of contracts, payroll records, and site assignments can clarify which company’s coverage applies, and that clarity can prevent delays in getting wage replacement and medical benefits started.

Filing a Lawsuit

If your direct employer was at fault, recovery will likely be limited to workers’ comp, although there are exceptions for gross negligence. However, a third-party lawsuit is still a possibility. This applies when a person or company other than your employer is responsible for your injury. It often happens in construction because multiple contractors, subcontractors, and equipment manufacturers are involved on the same site. 

Examples include:

• A defective crane that malfunctioned due to poor manufacturing.
• A subcontractor’s negligence caused unsafe conditions.
• A delivery truck driver, not employed by your company, caused a worksite accident.
• Third-party lawsuits can allow you to recover full lost wages, future earning capacity, pain and suffering, and other damages not available under workers’ comp.

In a dense urban area like Miami, many construction projects involve coordination between local contractors, out-of-state engineering firms, and equipment suppliers from different regions. When something goes wrong, tracing responsibility can be complicated. A construction accident lawyer Miami workers hire for these cases can examine site safety logs, subcontractor agreements, and inspection reports to determine whether a non-employer party failed to follow required safety rules or delivered unsafe equipment, which may open the door to a civil lawsuit in addition to your workers’ compensation claim.

Third-party claims are usually handled in civil court instead of through the workers’ compensation system, which means the rules of evidence, deadlines, and potential damages are different. For example, these lawsuits may allow claims for pain and suffering and loss of enjoyment of life, which are not covered by workers’ compensation benefits. Understanding how a potential case might proceed in Miami-Dade County courts, and how long similar matters can take, helps injured workers make informed choices about whether to pursue both types of claims.

Pursuing Both Options

In some cases, you may be eligible to receive workers’ compensation benefits and file a third-party lawsuit at the same time. This dual approach can make a dramatic difference in your financial recovery, especially in severe injury cases involving long-term disability or permanent impairment.

Coordinating both types of claims requires careful planning so that information is consistent and important deadlines are not missed. Insurance companies and defense attorneys may try to use statements from one case against you in the other, or argue that certain medical treatment is not related to the work accident. Having one legal team manage both your workers’ compensation matter and any third-party case can reduce confusion and help ensure that your medical history, wage information, and accident description are presented clearly and accurately.

At The Law Offices of Gonzalez & Associates, we carefully investigate every angle of your accident to identify all liable parties. We know how to build a well-documented claim that maximizes your compensation opportunities. 

Many construction workers are understandably focused on getting a paycheck coming in again and may be tempted to accept the first offer they receive. Taking time to understand how a serious back injury, head trauma, or loss of mobility could affect your ability to work on future Miami projects is an important part of evaluating both workers’ compensation and third-party options. By reviewing your medical records, speaking with your treating providers, and looking at your past work history, a lawyer can help you assess whether a settlement truly covers the impact of the injury on your long-term earning capacity.

Common Types of Miami Construction Accidents

Construction work in Miami ranges from high-rise developments along the waterfront to roadway improvements on major corridors, and each environment carries different risks. Understanding how these accidents happen can help injured workers recognize what evidence may be important and why legal guidance matters. This section focuses on practical examples of incidents that often lead to serious injuries and potential claims.

Falls from ladders, scaffolding, or unfinished floors are among the most frequent sources of harm on construction projects in and around Miami. A misplaced guardrail on a high-rise near Brickell, a slippery surface on a condo renovation in Miami Beach, or an unsecured roof opening on a residential build can all lead to sudden falls. When these events occur, it is important to document the condition of the work area, including any missing safety equipment and the presence of other contractors who may have created the hazard, because that information may play a role in both workers’ compensation and third-party cases.

Struck-by and caught-in incidents are also common on crowded urban sites where deliveries, cranes, and heavy machinery must operate in tight spaces. A worker may be hit by a backing vehicle in a Downtown Miami street closure, pinned between materials in a parking garage project, or injured when an improperly secured load shifts on a tower crane. Gathering names of witnesses, noting which company controlled the equipment, and preserving any available photos or videos from the scene can help a future construction accident attorney Miami workers hire evaluate whether additional parties beyond the employer share responsibility.

Electrical injuries, trench collapses, and exposure to hazardous substances are additional risks on many South Florida projects. For example, utility work along major routes such as U.S. 1 or improvements near the Metrorail can involve buried lines and confined spaces that require strict safety procedures. If those procedures are not followed, workers may suffer burns, respiratory problems, or crush injuries. Keeping records of safety meetings, job assignments, and any prior complaints about site conditions can be valuable later if questions arise about whether industry standards and applicable regulations were followed.