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Who Is Liable for Injuries on a Florida Construction Site in 2025?

April 23, 2025

Construction Accidents

Why Construction Site Liability Matters

Construction is one of the most dangerous industries in Florida. Workers face daily risks from heavy equipment, unstable structures, electrical hazards, and falling objects. When an accident happens, the injuries can be life-altering. Knowing who may be held legally responsible is the first step toward getting financial support for medical bills, lost wages, and long-term care. Florida law recognizes that multiple parties may contribute to dangerous conditions on a job site. 

 

Liability depends on the cause of the accident, who was in control of the site, and the relationship between the injured person and the various contractors or property owners involved. At Kemp Injury Law, we help injured workers and bystanders pursue compensation when construction site negligence causes serious harm.

Workers' Compensation and Third-Party Liability

In most cases, an injured construction worker’s first legal option is a workers' compensation claim. This system allows employees to receive medical care and wage replacement without proving fault. However, workers' compensation has limits. It generally does not cover pain and suffering, and it may not fully replace lost income over time. If someone other than your direct employer caused the injury, you may have a separate personal injury claim. This is called third-party liability. These claims allow you to seek compensation beyond what workers' comp provides, including damages for emotional distress, full lost earnings, and future medical needs.

Parties That May Be Liable on a Florida Construction Site

Construction projects often involve many different contractors, suppliers, and stakeholders. Any of the following parties could be responsible for unsafe conditions that lead to an injury.

1. General Contractors

General contractors have a duty to keep the site reasonably safe. They are often responsible for scheduling work, coordinating between subcontractors, and ensuring that proper safety procedures are followed. If a general contractor fails to identify hazards or does not enforce basic safety rules, they may be liable for injuries that occur as a result.

2. Subcontractors

Subcontractors handle specific tasks, such as plumbing, electrical work, or roofing. Each subcontractor is responsible for the safety of their own workers and for not creating hazards that could affect others. If a subcontractor’s negligence leads to an injury—for example, by leaving tools in a dangerous location or failing to secure scaffolding—they may be held accountable.

3. Property Owners

In some cases, the property owner may share liability. This is especially true if the owner had control over the worksite or failed to disclose known hazards. Florida law considers the level of control and knowledge a property owner had when determining liability.

4. Equipment Manufacturers

If your injury was caused by defective machinery or tools, the company that made or sold the equipment could be liable. For example, if a power tool had a design flaw or a safety guard failed, a product liability claim may be appropriate.

5. Architects and Engineers

Design professionals may be responsible for injuries if their plans created unsafe conditions. For example, if faulty structural designs led to a collapse or if they failed to identify risks during inspections, they could face legal consequences.

Common Hazards That Lead to Construction Injuries

Construction sites in Florida are subject to strict safety regulations, but violations still happen. The most common causes of injuries include:

  • Falls from scaffolding, ladders, or roofs
  • Being struck by falling tools, debris, or equipment
  • Electrocution from exposed wires or power lines
  • Crush injuries from machinery or collapsing structures
  • Tripping over uneven surfaces or construction materials

Determining who is at fault often requires an investigation into who controlled the area where the hazard existed and who failed to act on known risks.

Legal Steps to Take After a Construction Injury

If you were injured on a job site, taking the right steps early on can help protect your claim.

  • Report the injury to your employer and make sure a formal incident report is filed.
  • Get medical treatment right away, even if the injury seems minor at first.
  • Document everything—photos of the scene, witness statements, and your own account of what happened.
  • Do not sign anything from an insurance company without legal advice.
  • Speak with an attorney who handles both workers’ compensation and personal injury claims.

A construction accident attorney can help identify whether a third-party claim is possible and gather the evidence needed to prove liability.

Contact Kemp Injury Law if You’ve Been Hurt in a Polk County Construction Accident

Construction accident cases are rarely simple. They often involve multiple companies, insurance policies, and layers of responsibility. Our legal team has experience taking on tough injury cases and holding negligent parties accountable across the Tampa Bay area and beyond. We work closely with investigators, safety experts, and medical professionals to build the strongest possible case. Whether you were injured as a worker or a bystander, we are here to help you understand your options and pursue the compensation you deserve.

If you or a loved one has been hurt on a Florida construction site, contact us. The team at Kemp Injury Law is ready to review your case and provide clear guidance on the next steps.

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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
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Lakeland, FL 33803
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