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. 

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.

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.

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.