Construction Accidents Require the Expertise of a Fort Myers Construction Accident Attorney
Injured construction workers and their families can recover damages in the form of financial compensation for job site injuries, including severe or even fatal injuries. More specifically, depending on your specific set of circumstances, you may be able to file a personal injury or wrongful death claim. When filing such claims, you will have to prove either negligence or strict liability. Unlike workers’ compensation (which is another option for certain workers who get hurt on the job), personal injury and wrongful death claims give you the opportunity to secure compensation for all your accident-related losses. Along with medical expenses, this includes the recovery of compensation for a wide variety of financial and non-financial losses.
The Fort Myers personal injury attorneys at Spivey Law Firm will review your case, explain your options in simple terms, and help you with any claims you may have available.
What Are the Most Common Construction Accidents?
Some examples of issues that can lead to severe and fatal injuries on construction sites include:
- Cars and trucks not exercising caution when construction workers are present
- Negligent operation of trucks or forklifts
- Slips, trips, and falls
- Falls from height
- Struck by object
- Caught-in/between objects
- Ladder accidents
- Scaffolding accidents
- Power tool and machinery accidents
- Fires and explosions
- Overexertion, heatstroke, or hypothermia
- Trench collapses
- Repetitive motion or strain injuries
Accidents in Construction Zones Caused by Careless Drivers
Each year, thousands of construction workers are injured because of car and truck drivers not driving safely through construction zones. Motor vehicle operators have a duty to exercise caution and reduce their speed when driving through construction zones. Unfortunately, each year there are thousands of construction workers injured by drivers who do not decrease their speed or drive attentively through a construction zone, resulting in the vehicle striking the construction worker. Drivers are fully responsible for all of the damages they cause to construction workers when they do not drive safely through a construction zone. These damages include past and future medical expenses, past and future lost wages, and past and future pain and suffering, disability, disfigurement, impairment, mental anguish, and loss of capacity for the enjoyment of life.
Most construction zone accidents can be prevented if drivers exercise caution and reduce their speed, and also watch out for construction workers and construction activities. Construction workers who are near the edge of the road or are working overhead are particularly vulnerable to careless drivers. Drivers may not reduce their speed while driving through a construction zone, causing them to collide with a construction worker. Truck drivers may not drive safely through a construction zone resulting in their truck or cargo striking workers or equipment who are working overhead. When an accident occurs, it is important to have an experienced Fort Myers construction accident lawyer to immediately investigate the cause of the accident and determine the responsible parties.
How Can Construction Accidents be Prevented?
Construction accidents can be very serious and job site managers and employers should ensure that their workers are kept as safe as possible. Below are just a few examples of what site managers and employers can do to keep both construction workers and those in the surrounding areas safe:
- Ensure workers know how to properly use scaffolding, ladders, forklifts, and other common construction equipment
- Provide bright and protective clothing and gear, including headgear (PPE)
- Advise as to the proper positioning when underneath or between heavy machinery
- Alert workers to the existence of power lines so they can avoid them where possible
- Teach all workers CPR and other first-aid techniques
- Keep first-aid stations stocked and well-maintained
- Provide workers with a list of all warning labels and policies
- Conduct regular mandatory safety training
- Advise workers of the consequences of non-compliant behavior
Management and co-workers may not all place a high priority on safety. However, safety, both personally and collectively, should be every worker’s number one concern.
Do I Need a Fort Myers Construction Accident Attorney?
Each year, workers are seriously injured or killed in accidents at construction sites. Under Florida law, the general contractor is the one responsible for the safety of the construction site. Unfortunately, some contractors and subcontractors do not follow the property industry safety standards and, as a result, serious injuries and death occur to innocent workers at the job site.
Some common causes of construction accidents include:
- A failure to provide or require the use of safety gear, such as hard hats, safety glasses, and safety harnesses,
- A failure to erect safe scaffolding for workers, and
- A failure to ensure that workers abide by all safety protocols when working with hazardous chemicals or materials.
These types of lapses in safety can easily lead to construction accidents, which may result in serious injuries or death to construction workers as well as to innocent bystanders who happen to be near a construction site at the wrong place and time.
When an accident occurs, it is important to have an experienced Fort Myers construction accident lawyer to investigate the cause of the accident and determine which parties, if any, are responsible for maintaining the safety of the worksite. These responsible parties could potentially be held liable for any resulting accidents and injuries that have occurred.
Determining which contractor or subcontractor was responsible for the safety hazard can be a very complex process, especially on large construction projects. Large construction projects may involve numerous different construction firms and subcontractors who are all working on the same worksite, perhaps at different times and in different areas, or sometimes simultaneously.
Our firm utilizes construction accident experts to investigate the cause of the accident and determine which safety standards were violated, who was responsible for maintaining those safety standards, and who failed to maintain the necessary level of safety that led to the accident.
Government agencies also may become involved in such investigations, such as the U.S. Occupational Safety and Health Administration (OSHA). Many times, the injured worker was not aware of the safety issue until after the accident and now is left with a lifetime of pain and suffering, medical bills, and lost wages.
What Compensation Can I Recover for a Construction Accident?
Construction Accident Injuries
As each case is unique, the Fort Myers personal injury lawyers at Spivey Law Firm will thoroughly assess your case to determine how much you are entitled to recover. The recovery amount depends on whether you are limited to seeking workers’ compensation from your employer or your loved one’s employer, or if you are able to file a personal injury or wrongful death claim.
If you are able to file a personal injury claim against any responsible entities or private parties, you may be entitled to recover::
- Financial damages, including medical expenses, non-medical expenses, property damages (if, for example, you were injured when driving your own vehicle on a company errand), lost income and benefits, and loss of earning capacity.
- Non-financial damages, such as pain and suffering, cosmetic damage and physical impairment, loss of enjoyment of life, loss of consortium, companionship, and support provided, and punitive damages.
Construction Accident Deaths
Under a worst-case scenario, if a loved one was killed in a construction accident, you may be able to file a wrongful death claim. In Florida, there are special rules regarding the determination of damages. These rules may allow you to recover:
- Support and services that the deceased person had provided to the surviving family member
- Loss of companionship, guidance, and protection provided by the deceased person
The deceased person's estate may also allow you to recover:
- Lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived
- The value of earnings the estate could reasonably have been expected to collect if the deceased person had lived
- Any medical and funeral expenses that were paid by the estate directly
Contact Spivey Law Firm After a Construction Accident
If you or a loved one have been injured or killed in a construction accident, please contact your Fort Myers personal injury lawyer at Spivey Law Firm, Personal Injury Attorneys, P.A., for a free consultation about any construction accident claim that you may have. You are likely to have only a limited time frame in which to bring your personal injury or wrongful death claim relating to a construction accident.
Since these types of actions can be very complex, you have no time to waste in consulting with an experienced attorney who can assist you in obtaining compensation for the losses to which you are entitled. Our firm charges you no fees or costs unless and until you win a financial settlement or jury award in your case. Please visit our settlements and verdicts page to view the results in some of the construction accident cases handled by Randall L. Spivey.