Can You Seek Compensation Outside of Workers' Comp After a Florida Construction Accident?

If you've been injured on a construction site in Florida, your first thought might be workers' compensation. That’s understandable — it’s the system designed to provide benefits quickly, without requiring proof of fault. But what many injured workers don't realize is that in some cases, you can also seek compensation outside of the workers’ comp system. If a third party’s negligence caused or contributed to your injury, you may be able to file a personal injury lawsuit in addition to your workers’ compensation claim. This can make a significant difference in your recovery financially and legally. 

At Kemp Injury Law, we help construction workers and their families in Winter Haven and throughout Florida explore every path to justice. Here's what you need to know.

How Workers’ Compensation Works in Florida

Workers' comp is a no-fault insurance system that covers most construction workers in Florida. If you're injured on the job, it generally pays for:

• Medical treatment
• Partial lost wages
• Temporary or permanent disability benefits

You don’t have to prove your employer did anything wrong. But you also can’t sue your employer for more damages, such as pain and suffering. That’s the tradeoff — quick benefits, but limited compensation.

When You May Be Able to File a Personal Injury Lawsuit

Florida law allows you to sue for additional damages if your injuries were caused by someone other than your direct employer. These are known as third-party claims. Common examples include:

• A subcontractor’s employee caused the accident
• A general contractor failed to maintain a safe worksite
• You were injured by defective equipment or machinery
• A delivery driver or other non-employee hit you with a vehicle on-site
• You were injured while working on someone else’s property due to dangerous conditions

In these situations, you may have a valid personal injury claim in addition to your workers' comp benefits.

Our construction accident attorneys at Kemp Injury Law can investigate your case and identify whether any third party may be held legally responsible.

Why a Third-Party Lawsuit Can Make a Big Difference

Workers' compensation covers medical bills and partial income replacement, but that’s often not enough. A personal injury lawsuit allows you to pursue full compensation, including:

• Past and future medical expenses
• 100% of lost wages
• Reduced earning capacity
• Pain and suffering
• Loss of enjoyment of life
• Emotional distress

These types of damages are not available through workers' comp alone. If your injuries are serious or life-changing, a third-party claim may be the only way to recover the full value of your losses.

Who Can Be Sued After a Construction Site Injury?

Construction sites are busy, complex environments. Multiple companies and contractors may be working at the same location at the same time. Depending on the circumstances, one or more of the following parties may be liable:

• General contractors — if they failed to enforce safety protocols or supervise subcontractors
• Subcontractors — if their workers created a dangerous condition or acted negligently
• Property owners — if they allowed unsafe conditions to exist on the site
• Equipment manufacturers — if a tool or machine failed due to a design or production defect
• Third-party drivers or vendors — if you were struck or injured by someone not employed by your company

Our legal team works to determine every potentially liable party — and ensures no source of compensation is overlooked.

What About Independent Contractors?

If you were working as an independent contractor, you may not be eligible for workers’ comp in Florida. That means your only option may be a personal injury lawsuit, but it also means you aren’t limited by the no-fault system. If someone else's negligence caused your injury, you can sue for full damages. These cases require a careful legal analysis of your work status, employer relationships, and the actions of everyone involved.

What If You’re Already Receiving Workers' Comp?

You can still file a third-party lawsuit even if you're receiving workers' compensation. However, you must notify your workers’ comp insurer, and they may place a lien on any recovery you receive from the lawsuit. This ensures you don’t receive double compensation for the same expenses — but it does not prevent you from seeking additional damages that workers’ comp does not cover. An experienced attorney can coordinate both claims to maximize your total recovery and make sure all legal requirements are met.

When to Speak with a Construction Accident Lawyer

The sooner you talk to a lawyer after a construction accident, the better. Evidence can disappear, witnesses can become harder to reach, and insurance companies often move quickly to protect themselves, not you. If you're dealing with:

• Severe injuries
• Denied benefits
• Unsafe working conditions
• Confusion over your legal rights

It’s time to get legal guidance.

At Kemp Injury Law, we’re here to help you understand your options and take action when someone else’s negligence puts your health and livelihood at risk.

How Kemp Injury Law Can Help

We represent injured construction workers and site visitors across Winter Haven and throughout Florida. Our team:

• Investigates construction accidents and site safety violations
• Identifies all potential sources of compensation
• Negotiates with insurance companies on your behalf
• Handles both workers’ comp coordination and personal injury litigation

We understand the physical, emotional, and financial toll a construction injury can take. That’s why we fight to get our clients everything they’re entitled to—not just what insurance companies offer.

If you’ve been injured on a construction site and want to know whether you can pursue compensation beyond workers’ comp, contact Kemp Injury Law today. We offer free consultations and only get paid if we win your case.