A construction site injury can upend your work, your income, and your sense of security all at once. We represent injured construction workers throughout Florida, helping them pursue workers' compensation benefits and, when the situation calls for it, third-party injury claims.
Our offices are in West Palm Beach and Port St. Lucie, and our consultations are always free. Call us today for a free case review.
Construction is one of Florida's most physically demanding and legally complex industries when it comes to workplace injuries.
The rights you have as an injured worker depend on how the accident happened, who was responsible, and what insurance coverage applies.
Our team has handled these cases for decades, and we know how to build a thorough claim from the first day you contact us.
Table of contents
- How Does Florida Workers' Compensation Apply to Construction Accidents?
- When a Construction Accident Claim Goes Beyond Workers' Compensation
- What Our Florida Construction Accident Attorneys Bring to Your Case
- Ask Rosenthal, Levy, Simon & Sosa
- FAQ for Florida Construction Accident Lawyer
- The Paperwork Can Wait. Your Rights Cannot.
How Does Florida Workers' Compensation Apply to Construction Accidents?
Florida workers' compensation covers most injured construction workers under a no-fault system, meaning you don't need to prove your employer did anything wrong, you need to show the injury happened while you were working.
For construction employers specifically, Florida law requires workers' comp coverage even with a single employee.
Most industries trigger mandatory coverage at four or more employees. Florida holds construction to a stricter standard. Whether your employer runs a crew of two or two hundred, you should be covered. The Florida Division of Workers' Compensation provides guidance on what those benefits include and how to access them.
What Medical Benefits Are Available Through a Construction Workers' Comp Claim?
A Florida construction workers' comp claim covers doctor visits, diagnostic imaging, specialist referrals, medications, and physical therapy.
Travel costs to and from appointments may also be covered. The documentation trail from your treatment directly affects the strength of your claim, which is why proper authorization and record-keeping matter from the very first appointment.
Temporary Disability Benefits When You Can't Return to Work
When your injury prevents you from returning to your position, or limits the hours and duties you can perform, temporary disability benefits replace a portion of your lost income. These are calculated based on your average weekly wage before the accident.
Understanding exactly what you're owed requires a careful review of your earnings history and how your doctor describes your work restrictions.
Permanent Disability Benefits After Reaching Maximum Medical Improvement
Once your treating physician determines that your condition has stabilized, you reach what Florida calls maximum medical improvement (MMI). At that point, any lasting limitations on your ability to earn a living may qualify you for permanent partial or permanent total disability benefits.
construction accident injuries that affect long-term earning capacity carry significantly more value in a claim than they might first appear, and they often require experienced representation to assess correctly.
What to Do Immediately After a Construction Site Injury
Reporting your injury to your employer promptly is essential under Florida law. Delays in reporting can complicate your claim.
Equally important is receiving a medical evaluation through an authorized provider and keeping records of every treatment, recommendation, and work restriction your doctor documents.
These records become the foundation of your case, whether it proceeds through workers' comp or a separate legal claim.
Not sure where your claim stands? Our team reviews construction accident cases at no cost. We'll tell you clearly what options are available and what your claim may be worth. Call for a free case review today.
When a Construction Accident Claim Goes Beyond Workers' Compensation
Workers' compensation covers your immediate medical costs and a portion of lost wages, but it doesn't compensate for pain and suffering or the full scope of long-term losses. If a party other than your employer contributed to your accident, a separate personal injury claim against that party may be possible alongside your workers' comp case.
Construction sites involve multiple layers of contractors, subcontractors, equipment manufacturers, property owners, and project managers.
When one of those parties creates an unsafe condition and that condition causes your injury, Florida law may allow you to hold them accountable in civil court.
This is called a third-party claim, and it can significantly expand the compensation available to you.
Who May Be Liable in a Florida Construction Accident?
Potentially liable parties in a Florida construction accident include the general contractor, subcontractors, the property owner, equipment manufacturers, and any third party whose negligence contributed to unsafe site conditions.
Identifying the right parties to include in a claim is one of the most important steps we take early in a case.
OSHA Standards and How They Affect Your Claim
The Occupational Safety and Health Administration (OSHA) sets enforceable standards for construction site safety, including fall protection, scaffold safety, trench protection, and crane operations.
When an employer or site operator violates those standards and that violation leads to an injury, it can become meaningful evidence in a workers' comp dispute or a third-party civil claim. We review OSHA records and site inspection history as part of our case-building process.
How Fall Accidents, Equipment Failures, and Exposure Injuries Are Handled Differently
Falls from scaffolding and ladders, crane and forklift incidents, electrocution, and toxic substance exposure each follow somewhat different legal paths. Some involve clear premises liability.
Others hinge on product defect law or the specific contractual relationships between parties on the job site.
Our personal injury attorneys assess each case individually and identify which legal theories are supported by the facts.
Construction Accidents Involving Injuries to Bystanders or Visitors
Not every construction site injury involves a worker. Members of the public who are harmed near an active construction zone may also have viable claims against responsible parties.
If you or a family member was hurt in or near a Florida construction site and you weren't on the payroll, the applicable legal framework is different from workers' comp, but a claim may still be available.
What Our Florida Construction Accident Attorneys Bring to Your Case
Our firm has recovered more than $500 million for injured clients over more than four decades. Construction accident cases require both a command of Florida workers' comp law and experience with the civil litigation system, and our attorneys handle both. We work on a contingency basis, which means we don't collect a fee unless your case results in a recovery.
No Upfront Cost to You
We work on contingency. Our fee comes from a successful recovery, not from your pocket before the case is resolved. There is no financial risk in reaching out.
Full Investigation from Day One
We gather site records, OSHA filings, witness accounts, and equipment documentation to build a complete picture of how the accident occurred and who bears responsibility.
Workers' Comp and Civil Claims Handled Together
When both paths are available, we coordinate the strategy so one proceeding doesn't compromise the other. This requires careful sequencing and a team that understands both systems.
Experienced Negotiators and Trial Attorneys
Insurers and defense counsel respond differently to attorneys they know are prepared to go to court. We are. That posture changes the dynamic at the negotiating table.
Local Knowledge of Florida Courts and Procedures
Our attorneys practice regularly in Palm Beach County and St. Lucie County courts. We know the local procedural landscape and the judges and opposing counsel who appear in these cases.
Why Our Experience Matters
Our construction accident practice is spearheaded by partners with over 40 years of combined experience specifically in Florida workers’ compensation and construction litigation. Attorney Nicholas A. Latour, who leads our construction injury team, has spent decades navigating the Office of Judges of Compensation Claims (OJCC) in South Florida, securing favorable permanent total disability determinations for workers with catastrophic injuries.
From litigating complex third-party liability cases in Palm Beach County Circuit Court to challenging denied benefits for subcontractors throughout the Treasure Coast, our firm’s hands-on approach ensures that your case is handled with the specific technical knowledge required to hold contractors and insurers accountable.
Ask Rosenthal, Levy, Simon & Sosa
Can I sue my employer after a construction accident in Florida?
In most cases, workers' compensation is your exclusive remedy against your employer. However, if a third party other than your employer contributed to the accident, you may be able to pursue a civil claim against that party. We evaluate whether a third-party claim is available during the initial consultation.
How long do I have to file a workers' comp claim in Florida?
Florida law sets deadlines for reporting injuries and for filing claims. These timeframes vary depending on the type of injury and when it was discovered. Missing a deadline can affect your right to benefits. Contact us promptly so we can confirm the deadlines that apply to your specific situation.
What if my workers' comp claim was denied?
A denial is not the end of the road. Florida provides a process for contesting denied claims, including petitions to the Office of Judges of Compensation Claims. We have helped many workers, including those working in a roadway construction zone, successfully challenge denials and recover benefits that were initially refused. We review denied claims at no charge.
What if the construction accident was partially my fault?
Workers' compensation benefits are generally available regardless of fault on your part. For third-party civil claims, Florida's comparative fault rules may affect the outcome, but having some responsibility doesn't necessarily bar recovery. The details matter, and we can assess how fault allocation applies in your situation.
Do I need a lawyer for a construction accident workers' comp claim in Florida?
Technically you can file without one, but claims involving serious injuries, permanent disability, or disputed liability are considerably more complex. Employers and insurers have legal teams working on their side. Having representation on your level often leads to a more complete recovery of benefits.
FAQ for Florida Construction Accident Lawyer
Can undocumented workers file a workers' comp claim in Florida?
Florida workers' compensation coverage generally applies based on the employment relationship, not immigration status. Undocumented workers injured on a Florida construction site may still be entitled to workers' comp benefits. We can review the specifics of your situation to confirm what options are available.
What happens if my employer doesn't have workers' comp insurance?
Florida law requires construction employers to carry workers' comp insurance even with a single employee. If your employer failed to carry coverage, the Florida Workers' Compensation Insurance Guaranty Association may provide some protection, and additional legal remedies against the employer may be available. We help identify the appropriate path when coverage is missing.
Can I choose my own doctor for a workers' comp injury in Florida?
Under Florida's workers' comp system, your employer or their insurer typically controls the initial choice of authorized treating physician. There are circumstances where you may request a one-time change of physician. Understanding how this process works can significantly affect both your medical care and your claim outcome.
Is a lump-sum settlement possible in a Florida construction accident workers' comp case?
Yes. Florida workers' compensation cases can be resolved through a lump-sum settlement that closes out future benefits in exchange for a one-time payment. Whether a settlement makes sense depends on the nature of your injuries, your long-term prognosis, and other individual factors. We help clients evaluate settlement offers against the projected value of continued benefits.
What if a family member died in a Florida construction accident?
When a construction worker dies as a result of a work-related accident, surviving family members may be eligible for death benefits through the workers' compensation system, including funeral expenses and ongoing compensation for dependents. A wrongful death civil claim against third parties may also be available. We handle both with care and discretion.
The Paperwork Can Wait. Your Rights Cannot.
The window to preserve evidence, document injuries, and meet legal deadlines moves quickly after a construction accident. The sooner we're involved, the more we can do. There's no fee for the initial conversation, and no obligation to move forward. Reach out today — we're available around the clock.
Call us at (561) 478-2500 in West Palm Beach or (772) 878-3880 in Port St. Lucie, or contact us online to request your free case review.
No fee unless we recover for you. Consultations are free and confidential. Results in prior cases do not guarantee similar outcomes.