A construction accident can leave a victim with lasting physical and psychological scars as well as cause financial devastation from which a victim may never fully recover. At Kemp Personal Injury Law, we believe that a victim should focus on healing following a construction accident; however, injured victims are frequently distracted by the need to tackle a confusing and unfamiliar legal system.  The good news is that an injured victim may be entitled to compensation for injuries sustained in a construction accident is another party (or parties) caused or contributed to the accident, and Winter Haven construction accident lawyer Adam Kemp is dedicated to helping injured victims recover the maximum compensation available for all their injuries.

When a Winter Haven construction accident leaves you injured, or causes the death of a loved one, you need an experienced and committed legal advocate on your side. You need attorney Adam Kemp. The team at Kemp Personal Injury Law will aggressively pursue the at-fault parties to ensure that you receive a just settlement or award that compensates you for allyour injuries.

What Are Some Common Winter Haven Construction Accidents?

According to the U.S. Department of Labor, 4,764 workers were killed while in the course of employment in 2020. One in five of those workplace fatalities occurred in the construction and extraction occupations, coming in second to only the transportation industry when it comes to fatal workplace accidents. The Occupational Safety and Health Administration (OSHA) refers to the following common types of construction accidents as the “fatal four” because, collectively, they account for most construction accident deaths:

• Falls. According to OSHA, a fall hazard is anything at a worksite that could cause a worker to lose his/her balance or lose bodily support and result in a fall. Falls consistently rank as the most common type of construction accident, accounting for about 40 percent of all construction accident fatalities.
• Struck by object. “Struck by object” accidents make up just over ten percent of construction accident fatalities. These accidents involve swinging, falling, or misplaced objects as well as falling objects due to rigging failure, loose or shifting materials, equipment malfunctions, and vehicle or equipment strikes.
• Caught-in/between. Workers caught in or trapped between tools, machinery, objects, equipment, or collapsing structures are classified as suffering a “caught in/between” injury by OSHA and account for about 7 percent of all construction accident fatalities.
• Electrocutions. Just over 8 percent of all construction worker fatalities are the result of electrocution, which can occur because of things such as exposed wiring, poorly maintained extension cords, and power tools, lightning strikes, wet conditions while outlets are exposed, and contact with overhead power lines, energized conductors or circuit parts in electrical panels and equipment panels.

What Are Some Common Winter Haven Construction Accident Injuries?

The wide variety of jobs included in the construction industry coupled with the inherently hazardous nature of many of those jobs increases the number and type of injuries suffered in construction accidents. Some of the more common construction accident injuries include:

• Back and neck injuries
• Paralysis and other spinal cord injuries
• Traumatic brain injury (TBI).
• Electrical and chemical burns.
• Loss of limbs or digits.
• Cuts and lacerations.
• Broken and fractured bones.
• Respiratory problems from exposure to toxic chemicals.
• Death

Are Winter Haven Construction Accident Injuries Covered by Workers’ Compensation?

In the State of Florida, employers in the construction and agricultural industries are required to carry workers’ compensation insurance if they “have one or more employees, including the owners of the business who are corporate officers or Limited Liability Company (LLC) members.” Workers’ compensation is a no-fault system that provides medical treatment and lost wages to workers who are injured or become ill while they are in the scope of employment without the need to prove that an employer was at fault.

While most construction accident injuries are covered by workers’ compensation insurance, an injured worker will only receive compensation at the rate of 80 percent for medical bills and 60 percent for lost wages. Workers’ compensation does not provide any compensation for non-economic injuries, such as pain, suffering, and mental anguish. Florida law typically limits injured workers to the compensation available under the workers’ compensation system 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. Examples of third-party defendants include:
  • Property owner or lessor
  • General contractor
  • Subcontractor
  • Equipment manufacturer
  • Equipment maintenance providers
  • Equipment leasing company.

What Compensation Might Be Available in a Winter Haven Construction Accident Case?

If a third party caused or contributed to the Winter Haven construction accident in which you were injured, you may be able to leave the workers’ compensation system and pursue compensation through a traditional personal injury accident lawsuit. If so, you could be entitled to both economic and non-economic damages, including compensation for:

• Medical and hospital expenses
• Rehabilitation and other care costs
• Lost wages
• Diminished earning capacity
• Physical and emotional pain and suffering
• Mental anguish
• Scarring and disfigurement

If a spouse, parent, or child was fatally injured in a Winter Haven construction accident, you may be entitled to compensation in a Florida wrongful death lawsuit for things such as the loss of companionship, care, and support and the loss of future earnings.

How Can an Experienced Winter Haven Construction Accident Lawyer Help?

If you were injured, or lost a loved one, in a Winter Haven construction accident, the team at Kemp Personal Injury Law is committed to seeking justice on your behalf and to ensuring that the responsible party (or parties) is held accountable. Having spent time as both a prosecuting attorney and an associate at one of the largest personal injury firms in America, attorney Adam Kemp has the experience necessary to aggressively pursue justice for injured victims.

If you were injured in a Winter Haven construction accident, or you lost a family member in one, contact an experienced Winter Haven construction lawyer at Kemp Personal Injury Law to discuss your legal options. We are dedicated to using our skills and resources to help construction accident victims and surviving loved ones recover full and fair compensation from the party or parties responsible for the accident. To get started on your case, call us today at 863-225-0254 or fill in the “Get a Free Case Review” form on our website.