Getting hurt on a job site is not the same as a regular work injury, because you may have two separate claims, not one. Most injured workers never hear about the second one.
A Port St. Lucie construction accident lawyer can pursue both your workers' compensation benefits and a lawsuit against anyone besides your employer who caused the accident. At Rosenthal, Levy, Simon & Sosa, we handle job-site injuries across St. Lucie County, in English and Spanish, and you pay nothing unless we win.
That second claim matters because workers' comp never pays for pain and suffering. A third-party lawsuit can.
Hurt on a job site in Port St. Lucie? Find out if you have a second claim. Call +1 (772) 878-3880 for a free case review. No fee unless we win.
Table of contents
- Do You Have More Than One Claim After a Construction Injury?
- What Is a Third-Party Claim?
- How Do We Prove Someone Else Was at Fault?
- What Are the Most Common Construction Accidents?
- What Injuries Do Construction Accidents Cause?
- Does Workers' Comp Cover Construction Injuries?
- Are Undocumented Workers Covered?
- What Can You Recover?
- Where Do Construction Injuries Happen in Port St. Lucie?
- What Should You Not Do After a Job-Site Injury?
- Why Do Injured Workers in Port St. Lucie Choose Us?
- About Marc E. Golden
- Who Investigates a Construction Accident?
- How Long Does a Construction Case Take?
- What If Your Employer Had No Workers' Comp Insurance?
- Port St. Lucie Construction Accident FAQ
- Talk to a Port St. Lucie Construction Accident Lawyer
Do You Have More Than One Claim After a Construction Injury?
Often, yes. You almost always have a workers' comp claim, and you may also have a separate lawsuit if someone other than your employer helped cause the injury. The two claims work very differently, especially when it comes to a workers' comp settlement.
| Workers' comp claim | Third-party lawsuit | |
| Filed against | Your employer's insurer | A negligent non-employer |
| Fault needed | No, it is no-fault | Yes, you prove negligence |
| Pain and suffering | Not covered | Covered |
| Wage loss | Part of your wages | Full lost income |
We look for both on every case, because the third-party claim is where the largest recoveries usually come from.
What Is a Third-Party Claim?
It is a lawsuit against someone other than your employer whose carelessness hurt you. On a busy job site with many companies, your employer is often not the only one at fault.
Common third parties on a job site include:
- Equipment manufacturers of defective tools, scaffolding, ladders, or heavy machinery (product liability).
- Negligent drivers of delivery trucks, cranes, or forklifts owned by outside companies.
- Property owners who failed to disclose or address dangerous non-construction hazards on the site.
- Independent contractors or separate sub-contractors on-site whose gross negligence caused your injury outside of statutory employer immunity.
Because workers' comp is usually your exclusive remedy against your direct employer under Florida Statute § 440.11, identifying a responsible third party is what unlocks compensation for pain, suffering, and 100% of your lost income.
How Do We Prove Someone Else Was at Fault?
We build the case with evidence from the site, and we move fast before it disappears. On a construction job, the proof is often gone within days.
Our investigation usually includes:
- OSHA inspection findings and any safety citations.
- Photos and video of the site, the equipment, and the hazard.
- Statements from coworkers and other witnesses.
- Records showing which company controlled the dangerous area.
An OSHA finding does not pay your bills by itself, but it can be powerful proof that a third party was careless.
What Are the Most Common Construction Accidents?
Four types of accidents cause the most serious job-site injuries. The Occupational Safety and Health Administration, or OSHA, calls them the "Fatal Four." These accidents are responsible for many of the common injuries in construction accidents that workers suffer on job sites.
- Falls, from roofs, scaffolds, and ladders, the leading cause of construction deaths.
- Struck-by, when a worker is hit by a vehicle, falling tool, or swinging load.
- Caught-in or between, such as a trench collapse or being pinned by machinery.
- Electrocution, from live wires, power lines, or faulty equipment.
You can read OSHA's construction safety rules on the official OSHA website. When a safety rule is broken and you get hurt, that violation can help prove a third party was negligent.
What Injuries Do Construction Accidents Cause?
Job-site injuries tend to be severe, because the heights and forces involved are far greater than in most workplaces. Many workers face months of recovery or permanent limits.
The injuries we see most often include:
- Traumatic brain injuries from falls and struck-by accidents.
- Spinal cord injuries that can cause paralysis.
- Crushed limbs, amputations, and severe fractures.
- Burns and electrical injuries from electrocution.
Because these injuries can affect you for life, the full value of a claim is rarely clear right away.
Injured in a fall, a trench, or a struck-by accident? Call +1 (772) 878-3880 and we will review both of your possible claims for free.
Does Workers' Comp Cover Construction Injuries?
Yes. If you are an employee hurt on the job, workers' comp pays for your medical care and part of your lost wages, no matter who was at fault. In construction, coverage is required even for an employer with just one employee.
What workers' comp does not do is pay for pain and suffering, and it usually blocks you from suing your own employer. That is exactly why the third-party claim matters so much. Understanding the types of workers’ compensation benefits can also help clarify what workers' comp does and does not cover. To learn how eligibility works, see our page on Port St. Lucie workers' compensation.
Are Undocumented Workers Covered?
Generally, yes. In Florida, immigration status usually does not block a workers' comp claim, because the law looks at whether you were an employee who got hurt on the job. Many injured workers stay silent out of fear, and that fear is what employers count on when deciding whether to pursue a workers' comp case.
You have the right to report an injury and seek benefits. We handle these cases in Spanish and protect your information every step of the way.
What Can You Recover?
It depends on which claims you have. Workers' comp covers medical care and partial wages, while a third-party lawsuit can add the money comp leaves out.
A full recovery can include:
- All medical treatment, now and in the future.
- Lost wages and lost earning power.
- Pain, suffering, and the lasting effect on your life.
For a deeper look, see our guide on compensation for injured construction workers. Over four decades, our firm has recovered more than $500 million for injured Floridians.
Where Do Construction Injuries Happen in Port St. Lucie?
On the many job sites feeding the city's fast growth. Port St. Lucie is one of Florida's fastest-growing cities, and new homes, roads, and commercial projects mean more workers exposed to risk every year.
We see injuries across:
- Residential builds in Tradition and the growing western neighborhoods.
- Commercial and warehouse construction near the I-95 and Turnpike corridors.
- Road and infrastructure work on busy arterials.
For the statewide picture, see our overview of Florida construction accident law.
What Should You Not Do After a Job-Site Injury?
Avoid the early mistakes that let the insurer pay you less. A few missteps can hurt both of your claims.
Try not to:
- Skip the doctor or downplay how badly you are hurt.
- Give a recorded statement before talking to a lawyer.
- Sign anything from the insurer that you do not understand.
- Assume workers' comp is your only option.
If you have already done one of these, tell your Port St. Lucie personal injury lawyer. We will work with the facts as they are.
Why Do Injured Workers in Port St. Lucie Choose Us?
Because we handle both sides of a construction injury under one roof, the workers' comp claim and the injury lawsuit. Many firms do one or the other, which can leave money on the table.
A few more reasons workers trust us:
- We work with you in English or Spanish, from the first call on.
- Our Port St. Lucie office is right here on St. Lucie West Boulevard.
- We work on contingency, so there is no fee unless we win.
About Marc E. Golden
Marc E. Golden is the firm's Workers' Compensation Practice Chair and has practiced law for more than 32 years. Before joining the firm, he served as an Assistant State Attorney in Palm Beach County, and he is a lifetime resident of South Florida.
He has handled thousands of work-injury cases and is known for his personal, hands-on approach with clients. He earned his law degree from Nova Southeastern University and focuses his practice on protecting injured workers.
Who Investigates a Construction Accident?
Two separate investigations usually happen, and they are not the same thing. OSHA may inspect the site for safety violations, but an OSHA finding does not pay you or file your claim.
Our own investigation runs alongside it and is built to prove your case. We gather evidence, identify every responsible company, and tie the accident to your injuries.
How Long Does a Construction Case Take?
It depends on your injuries and how many parties are involved. A workers' comp claim can move quickly, while a third-party lawsuit against a general contractor or manufacturer can take longer.
We push both forward at once, so you are not waiting on one to begin the other. Serious injuries also need time to reach a clear prognosis before the full value is known.
What If Your Employer Had No Workers' Comp Insurance?
You still have options. Some employers illegally fail to carry the coverage the law requires, and that changes your rights.
When a construction employer illegally fails to carry valid workers' compensation insurance, Florida Statute § 440.11(1) strips them of their legal immunity. This allows you to sue your employer directly in civil court for your full damages, including pain and suffering, while preventing the employer from using common-law defense arguments like comparative negligence.
Port St. Lucie Construction Accident FAQ
How much does a construction accident lawyer in Port St. Lucie cost?
Nothing up front. We work on contingency, so our fee is a percentage of what we recover and we only get paid if you do. Your first case review is free, so there is no risk in calling.
My boss says I have to use workers' comp and cannot sue. Is that true?
It is true only for your employer. Workers' comp is usually your only claim against your own boss, but it does not stop you from suing a different company or person who caused the accident. Finding that third party is one of the first things we do.
Will I lose my job if I report a construction injury?
Florida law makes it illegal for an employer to fire or punish you for filing a workers' comp claim. If that happens, you may have a separate legal claim. Report your injury and talk to a lawyer right away.
What should I do right after a construction accident?
Get medical care and report the injury to your employer in writing as soon as you can. Take photos of the equipment, the site, and anything unsafe, and get the names of witnesses and any other companies on site. Then talk to a lawyer before giving a recorded statement to any insurer.
How long do I have to file a construction injury claim in Florida?
Report the injury to your employer within 30 days to protect your workers' comp claim. A separate injury lawsuit generally must be filed within two years of the accident. These deadlines are strict, so it is best to call early.
What if the accident was partly my fault?
For workers' comp, fault usually does not matter, since it is a no-fault system. For a third-party lawsuit, Florida reduces your recovery by your share of fault, and bars it only if you are more than 50 percent at fault. We fight to keep that number fair.
Do I need a lawyer for a workers' comp claim if the injury is serious?
Yes, especially in construction. Serious injuries mean bigger disputes over medical care and settlement value, and they are the cases most likely to also involve a third-party claim. A lawyer makes sure you do not miss the second claim.
Talk to a Port St. Lucie Construction Accident Lawyer
A serious job-site injury can mean months off work and a lifetime of effects, and the companies involved are already protecting themselves. The sooner we start, the more evidence we can lock down.
Call +1 (772) 878-3880 or visit our Port St. Lucie office at 1660 SW St. Lucie West Blvd, Suite 300. We also serve West Palm Beach and work with clients in English and Spanish. No fee unless we win.