Construction sites are generally considered to be more a more dangerous place to work than other worksites, such as corporate offices or retail stores. Because accidents are more likely to happen at a construction site, there are a number of safety measures that have been enacted to prevent accidents and injuries from occurring. Unfortunately, construction accidents are still all too common, causing hundreds of thousands of catastrophic injuries and deaths each year. At Chanfrau & Chanfrau, our Daytona Beach personal injury attorneys have the knowledge and skill to successfully litigate construction accident cases.
Establishing Liability for Construction Accidents
Workers that have been injured on the job have two options. Our attorneys can help employees file a workers' compensation claim; in this type of claim, the worker must only prove that the injury occurred at work, not that any wrongdoing has occurred. If the claim is accepted, the worker is entitled to a set amount of benefits in line with state limits.
The worker can choose to file a personal injury lawsuit in place of, or along with, the workers' compensation claim. In a personal injury lawsuit, we must prove that a negligent act has occurred, a more difficult task. If the lawsuit is successful, the employee may be entitled to an award that is above the limits set for workers' comp lawsuits.
First, we must decide if a workers' compensation or personal injury lawsuit should be filed against the employer. In addition, we must determine if a third party is at fault for the accident. Your options include:
- A workers' compensation claim against the employer. This is common for employers who have suffered a repetitive stress injury while working. Examples of repetitive stress injuries include a herniated disc, carpal tunnel syndrome, and chronic back pain.
- A workers' compensation claim against the employer and a personal injury lawsuit against a third party. These two claims may be filed if the employee is seriously injured at work due to the negligent act of another party, such as the manufacturer of a defective product or another contractor or company working at the construction site.
- A personal injury claim against the employer and/or a third party. A personal injury claim can be filed against the employer if the employer failed to enact proper safety measures or adequately train employees, or acted in an otherwise negligent manner. The personal injury lawsuit may also name a third party as a contributor to the accident.
Types of Construction Accidents
Sadly, construction accidents of all types occur here in Florida and throughout the United States. Some common causes of construction accidents include:
- Machinery and other equipment that is defective
- Exposure to toxic products and materials
- Improper operation of heavy machinery
- Electrical shock
- Burns from chemicals or gas explosions
- Falls from scaffolding, roofs, ladders, cranes, and elevator shafts
- Falling heavy objects
- Trenches or holes that collapse
Falls are a frequent cause of construction accidents. Our Daytona Beach slip and fall accident attorneys can evaluate your case to determine if the injuries were caused by unsafe conditions or inadequate safety measures. Contact Chanfrau & Chanfrau to schedule a time to have your case evaluated by one of our experienced attorneys. We can determine if you and your family are entitled to compensation.