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Construction Accidents

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Lakeland Construction Accident Lawyer

Construction sites pose an inherent danger to anyone entering the site given the presence of heavy machinery, power tools, bulky materials, and hazardous equipment. Consequently, accidents on construction sites are frequent occurrences. While many accidents result in only minor injuries, others can lead to severe harm or even fatalities. If you have been injured in a construction accident in Lakeland, or if you lost a family member in one, you may have grounds to seek compensation for your injuries or loss.

In addition to prioritizing medical attention for injuries following a construction accident, navigating the intricate web of government regulations and laws becomes a priority to secure compensation to help offset the financial impact of the accident. Injured victims and surviving family members can quickly feel overwhelmed. Fortunately, the legal team at Kemp Personal Injury Law comprehends the profound consequences of construction accidents and is dedicated to the pursuit of justice for victims and their families.

If another party caused or contributed to the construction accident or truck accident that resulted in injury or death, an experienced Lakeland accident lawyer can help ensure that you are compensated for the physical injury, emotional trauma, and financial hardship you have faced in the wake of the accident. At Kemp Personal Injury Law, we are committed to ensuring that the responsible party (or parties) is held accountable for all your injuries or the loss you suffered if a loved one was fatally injured in a Lakeland construction or truck accident.

What Causes Construction Site Accidents?

Every year, countless workers sustain injuries while on the job in the United States, often due to avoidable accidents. In 2022, a staggering 5,486 workers lost their lives due to job-related incidents. On average, that means that a worker is killed on the job every 96 minutes in the United States. According to data compiled by the Bureau of Labor Statistics (BLS), transportation and material moving represented the occupational group with the most fatalities, followed closely by construction and extraction occupations. Workers are not the only people at risk of injury at construction sites. The hazardous environment of construction sites also poses a significant risk of severe injury or fatality to bystanders and pedestrians within proximity of the site.

Transportation incidents have historically been the number one cause of worker fatalities in the U.S. Construction site fatalities, however, are most commonly the result of what OSHA refers to as the “Fatal Four” which include:

  • Fall AccidentsFall accidents account for the most “Fatal Four” deaths in a typical year, causing one in three construction site fatalities. These preventable injuries and deaths are frequently caused by failing to follow proper, legally mandated, safety protocols.
  • “Struck by an object” Accidents: These construction site accidents are caused by objects falling, swinging, exploding, or otherwise impacting a victim. Negligent acts and omissions, such as failing to properly secure safety harnesses or improperly loading/stacking heavy materials often lead to a “struck by” accident.
  • Caught In/Between Accidents: Caught in and caught between accidents happen when a worker gets trapped in/between materials, tools, equipment, or even dirt on a construction site.
  • Electrocution Accidents: Whether it is used to power equipment or is being installed in a new building, electricity can be found on almost all construction sites. Electricity found on a construction site, in the form of generators, exposed wiring, equipment, and unfinished electrical outlets, can cause an electrocution accident.

Is My Lakeland Construction Accident Covered by Worker’s Compensation?

Florida law imposes higher workers’ compensation insurance standards on certain employers, including those in the construction and agricultural industries. Construction industry employers that have one or more employees, including the owner of the business who are corporate officers or Limited Liability Company (LLC) members, must have workers’ compensation coverage. This means that if you are an employee working in the construction industry, your employer is required to carry you on their workers’ compensation insurance policy.

Because workers’ compensation is a “no-fault” insurance system, you must only prove that you were injured while in the scope of employment to be entitled to benefits for a workplace injury. For an injured worker, the benefit of being covered by workers’ compensation insurance is that you are not required to prove that your employer did anything wrong to be entitled to benefits. Unfortunately, however, the benefits you receive as a workers’ compensation claimant will not fully compensate you for all your injuries and expenses. Workers’ compensation only pays 80 percent of covered medical bills and 60 percent of lost wages.

Am I Limited to Filing a Workers’ Compensation Claim for My Construction Accident Injuries?

In the State of Florida, an injured worker is limited to benefits under an employer’s workers’ compensation insurance unless one of the following applies:

  • The employer’s intentionally wrong conduct caused or contributed to the worker’s injuries.
  • A third party’s negligent or wrongful conduct caused or contributed to the accident.

For example, if the negligence of the general contractor, property owner, or equipment manufacturer contributed to the accident that caused your injuries, you may be entitled to pursue additional compensation through a traditional personal injury lawsuit. An experienced Lakeland construction accident lawyer can evaluate the circumstances surrounding the accident and explain your legal options to you.

Get Reliable, Experienced Legal Help with Your Lakeland Construction Accident Case

A construction site accident can leave a victim with lasting injuries or leave survivors to grieve the wrongful death of a family member. Lakeland construction accident lawyer Adam Kemp understands the devastating impact a construction accident can have on everyone involved, which is why he is dedicated to pursuing full and fair compensation for injured victims and family members in the case of a fatal accident. Attorney Kemp leverages the skills honed as an associate at one of America’s leading personal injury firms and as a former prosecuting attorney in his quest for justice for the victims of construction accidents and wrongful death cases.

If you suffered injuries in a Lakeland construction accident or lost a loved one in a fatal construction accident, contact an experienced Lakeland construction accident lawyer at Kemp Personal Injury Law to discuss your legal options. Our mission is to ensure that victims of preventable construction accidents are fully and fairly compensated by the responsible parties. Reach out to our team today for a complimentary initial consultation by calling 863-225-0254 or by filling out our convenient online contact form.

Frequently Asked Questions

Liability in a construction accident can fall on multiple parties, depending on the circumstances. The construction company, general contractor, or subcontractors may be held responsible if they failed to follow safety regulations. Equipment manufacturers could be liable if a defective tool or machine caused the injury. In some cases, property owners or third-party vendors may share responsibility for unsafe conditions at the job site. A skilled attorney can investigate your accident and identify all responsible parties to maximize your compensation.
In Florida, workers' compensation provides benefits to injured employees, but it does not always cover all damages, such as pain and suffering. If a third party, such as an equipment manufacturer or subcontractor, contributed to your construction accident, you may be able to file a separate personal injury lawsuit. A personal injury claim allows you to seek additional compensation beyond what workers’ compensation covers. However, navigating both claims can be complicated, requiring the expertise of an attorney. A construction accident attorney can determine if you have grounds for a third-party lawsuit while still receiving workers’ compensation benefits.
A construction accident attorney can investigate your case, gather evidence, and negotiate with insurance companies to ensure you receive fair compensation. They can help determine whether negligence, faulty equipment, or unsafe working conditions contributed to your injury. If workers’ compensation is not enough to cover your damages, an attorney can pursue additional legal action against responsible third parties. Insurance companies and employers often try to minimize claims, but a skilled lawyer will fight for your best interests. To explore your legal options and protect your rights, contact us for a free consultation.

Additional Information in Lakeland, Florida

Occupational Safety and Health Administration (OSHA) - Fall Protection in Construction: Comprehensive guidelines on preventing fall-related injuries in the construction industry. It emphasizes employers' responsibilities to assess worksite conditions and implement appropriate fall protection systems, such as guardrails, safety nets, or personal fall arrest systems, in compliance with OSHA standards. The document outlines specific requirements for various construction activities, including working on roofs, leading edges, and scaffolds, detailing the necessary safety measures for each scenario. It also highlights the importance of proper training for workers to recognize fall hazards and correctly use fall protection equipment. In a construction accident case, this publication serves as a critical reference to determine if an employer adhered to established safety protocols. Evidence of non-compliance with these guidelines can indicate negligence, thereby strengthening the case for liability in fall-related incidents.
Centers for Disease Control and Prevention (CDC) - About Construction: Focuses on safeguarding construction workers by preventing work-related injuries, illnesses, disabilities, and fatalities. It achieves this through gathering information, conducting scientific research, and translating findings into practical solutions and services. The program highlights that, as of 2019, falls are the leading cause of work-related deaths in construction, accounting for over 36.4% of fatalities in the industry. Additionally, it addresses concerns such as mental health issues, rising opioid use, and increasing suicide rates among construction workers. In a construction accident case, this resource provides valuable insights into common industry hazards and underscores the importance of implementing preventive measures. Demonstrating that an employer failed to adhere to NIOSH's recommended safety protocols can support claims of negligence, thereby strengthening the case.
National Institute for Occupational Safety and Health (NIOSH) - Psychosocial Hazards Often Overlooked in Construction Industry: Highlights that, beyond physical dangers, construction workers face psychosocial risks such as high job demands, low control over tasks, and insufficient support, which can lead to stress, mental health issues, and increased injury rates. The article emphasizes that these adverse psychosocial factors can contribute to musculoskeletal disorders (MSDs) and other health problems, noting that MSDs account for one in five nonfatal injuries in construction. In a construction accident case, this information underscores the importance of considering both physical and psychosocial workplace conditions. Demonstrating that an employer neglected to address these psychosocial hazards can support claims of negligence, as such oversight may have contributed to the accident. This perspective broadens the scope of potential employer responsibilities, highlighting the need for comprehensive safety programs that encompass mental and emotional well-being alongside physical safety measures.

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99 6th St SW Suite 204

Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
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Winter Haven, FL 33880
1102 S. Florida Ave Suite 122
Lakeland, FL 33803
Phone: (863) 225-0254
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