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Can Injured Workers File Personal Injury Lawsuits?

January 25, 2017 | Category: Construction Accidents, Personal Injury | Share

Everywhere one looks there seems to be new construction from single-family to multiple-family homes. New strip malls and commercial construction are also on the rise. With this activity comes the opportunity for worker injuries.

“Many workers who are injured on the job may be eligible for not only workers’ compensation payments, but also payments under a personal injury lawsuit, even if the injured worker has been told that the only compensation available is worker’s comp,” said Fort Myers Construction Accident Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Can Injured Workers File Personal Injury Lawsuits - Spivey Law Firm, Personal Injury Attorneys, P.A.On construction sites there are many ways workers and others can be injured, here are a few:

  • Faulty Equipment: Equipment construction workers use in their jobs includes not only hammers and nails, but also scaffolding, cranes and other equipment. This equipment may be defective in which case the manufacturer, distributor, employer or others may have liability. This liability can be caused by such things as the actual manufacturing process, design, or instructions which are wrong, incomplete or misleading.
  • Toxic Chemicals: Some construction workers’ jobs require the use of chemicals which can be toxic. Should there be no instructions or warnings on the proper use of the chemicals, the chemical manufacturer/supplier may have liability.
  • Vehicle Accidents: Construction sites are busy places often having trucks and other vehicles coming and going. Construction site supervisors, as well as others in management, have the responsibility of not only setting up traffic patterns that will insure worker safety, but also communicating these hazards to workers.
  • Lack of Training/Supervision: Employers, which include contractors, sub-contractors and supervisors have a responsibility to train workers so they may complete their jobs in a safe manner. Should training be lacking, or not updated on a regular basis, the employer can be responsible.

In October 2016 the scaffolding on a 60-floor luxury condominium in Miami collapsed according to NBC6. This collapse caused the death of one person and injuries to others including five people injured by falling debris, and a man suffering a heart attack while running away from the accident scene.

Every injured worker should avail him/herself of the benefits under his/her employer’s workers’ compensation policy. These benefits provide temporary and permanent disability payments. However, these payments are usually low and will not replace a worker’s normal paycheck. There are also no punitive damages allowed for dangerous situations caused by tools, chemicals and other hazards on construction sites.

"In order to file a personal injury lawsuit, it is important to seek experienced legal representation. Spivey Law Firm, Personal Injury Attorneys, P.A. has the experience to assist you through the process of dealing with your case," said Attorney Randall Spivey.


Fort Myers Personal Injury Attorney, Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just 1 percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to  Visit  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.


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