Construction Accident Lawyer in Miami
Construction Accident Lawyer in Miami
June 16, 2020 admin

Construction Accident Lawyer in Miami

As far as workplace accidents are concerned, every occupation has its own sets of hazards and risks. Construction work is one of the most dangerous occupations in this regard. Mistakes can lead to accidents resulting in injury or even death. If you work in construction, you likely know the risks associated with the job and know how to properly handle the risks that you encounter every day. But accidents happen, and should you ever find yourself in a construction accident, the last thing you want to deal with is the legal side of things. A construction accident lawyer at Schlacter Law will be able to help through the claims securing your settlement or verdict. Your lawyer will always be on your side and help you to determine the best way forward for you.

What to Do After an Accident

Document the Details

As soon as possible, you should document, in detail, your accident and let your supervisors at the site know. Including as much detail as possible will be helpful not only to prevent similar accidents in the future but for your construction injury lawyer. The details that you include in your documentation can be crucial when seeking compensation. Oftentimes, construction site accidents result in serious injuries to construction workers and pedestrians. Serious accidents can impact the injured worker’s or pedestrian’s ability to work and support themselves and their family. Right after an accident is a good time to talk to a Miami construction site accident lawyer to determine the best plan of action. A lawyer from a construction injury law firm, like Schlacter Law, will be able to help you be fairly compensated. 

 A large number of construction accident cases in Miami end up in court. Having as much evidence as possible—the who’s, the when’s, the where’s—will help your lawyer make your case for the jury. 

Common Causes of Accidents in Miami

There are many different causes of construction accidents. While some of these causes are easy to identify, others are not. By familiarizing yourself with the common causes of injuries, you can work to avoid the risks. 

  1. Falls. One of the most common types of construction site accidents in Miami is falls. From roofs, scaffolding, cranes, ladders, elevator shafts—you name it
  2. Falling objects. Head injuries can occur even if you are wearing appropriate safety equipment like a hardhat
  3. Equipment-related accidents. The machinery used in construction can be dangerous when not operated appropriately or if the equipment fails
  4. Fires or explosions. Construction workers work with exposed wiring, leaking pipes, and flammable substances that can lead to fires and explosions
  5. Collapsing structures. A structure can unexpectedly collapse
  6. Physical labor. In hot climates like Miami, workers are at an increased risk for heat exhaustion. Repetitive motions can also damage muscles and joints

Common Accident Injuries in Miami

The accidents described above can lead to these common medical conditions. 

  • Amputation
  • Broken bones
  • Burns, from fires, explosions, electricity, or chemicals
  • Hazardous substances exposure
  • Head injuries
  • Joint sprains
  • Lacerations or cuts
  • Loss of hearing
  • Loss of vision
  • Paralysis
  • Respiratory disease

If you feel like you have been injured in a worksite accident, consult a construction injury law firm to see if you are eligible for compensation.

Accident Compensation Process

If you have been injured while working on a construction site, your claim may be affected by workers’ comp laws and your employer may be responsible for the injury. The following is a brief explanation of the typical process, but you should be aware that your construction accident attorneys will be able to determine the extent of your employer’s liability. Consult with a lawyer to develop the best plan for your accident. 

Workers’ Compensation in Miami

Under Florida law, every business should have workers’ compensation insurance, which covers its employees if they are injured on the job. Workers’ comp is a no-fault system and does not provide full coverage for the injured person’s losses, unlike a personal injury case will. However, in many circumstances, you are limited to workers’ comp remedies depending on the relationship between the injured party and the company at-fault. A construction accident lawyer will help determine the necessary action you need to take in the fastest time possible.

If you are injured in a worksite accident, here’s the action you should take.

  1. Report the injury to your employer in writing and in detail, immediately within 30 days. Keep a copy of your report for your records
  2. Complete a claim form. Keep a copy for your records
  3. File the claim as soon as possible
  4. Talk to a lawyer to determine if you have a workers’ compensation case, a personal injury case, or both

Personal Injury Claims in Miami

In addition to filing a claim for workers’ comp benefits, you should also speak to a lawyer from a construction accident law firm about filing a claim for personal injury compensation. Personal injury claims can be used to seek full compensation for:

  • Incurred medical expenses, past and future
  • Lost wages and loss of future earning ability
  • Rehabilitation including counseling and therapy
  • Pain and suffering
  • Loss of enjoyment of life
  • Other losses resulting from the accident, both financial and non-financial

 Injuries from construction accidents may be the fault of other third parties such as contractors, equipment and machinery manufacturers, or trucking companies. A construction lawyer will be able to conduct a thorough investigation to identify the parties responsible. 

Fatal Accidents

While no amount of money can replace a loved one, compensation can help ease the stress of the situation and provide resources throughout the grieving process. Holding the negligent parties responsible gives a sense of closure and justice. Contact a construction injury law firm to help you through this process. Schlacter Law has years of experience dealing with unfortunate accidents resulting in deaths of loved ones. Schlacter Law is an aggressive yet compassionate law firm that will help you through the process. 

Understanding Liability

Miami construction employers are legally responsible for providing a safe workplace for their employees. This includes finding and correcting any safety issues, providing safety training to employees, and more. When accidents do occur as the result of negligence, there are a number of parties that could be held liable for damages including employees. 

With so many parties involved in construction projects, determining liability can be very complicated, and it is important to enlist the services of a construction accident lawyer. Your lawyer will investigate to determine liability and seek compensation appropriately. 

It is important to remember that you may have both a workers’ comp case and a personal injury case. For example, if you work for a company and receive a W-2 (taxes are taken out of your paycheck), you are likely classified as an employee. If you were an employee and were injured at work it is likely a workers comp case. If a third party was negligent but you were at work, you could have both. Remember, there is no award for “pain and suffering” damages in a workers’ comp case, and the settlements are usually much smaller. However, in a workers’ compensation case you do not have to prove liability as it is a no-fault process.  This is not the case in a personal injury claim and suit where liability is directly an issue.  Construction work is a dangerous industry, and there is always the risk of being involved in a worksite accident.

How We Handle Cases

  1. Investigation
    • Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
    • You will remain in constant contact with Schlacter Law about the progression of your case.
  2. Negotiation
    • Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
    • Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
  3. Litigation
    • If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
    • At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.


Frequently Asked Questions

How much money can I receive in reimbursement?

Your lawyer will look at several different factors to determine how much the case is worth. Factors like expenses incurred because of your injury, future costs you might face, and more to determine what payment accurately reflects your damages. No two cases are the same, so in order to get a solid understanding, you should speak with a construction injury lawyer who will be able to help you have a good idea of what you should be expecting in compensation. Further, the lawyer will also determine whether you have a personal injury case or a workers compensation case.  In Miami, many construction accident lawyers offer free assessments so they can learn about your specific situation and give you an idea of what you might expect.