Workers and non-workers who are injured at a construction site have the ability to receive financial compensation for their injury. Generally, the workers’ compensation system in Florida does not allow employees to sue their employers. By law, employers are required to provide workers’ compensation to employees, and workers at construction sites must be covered. The Florida Division of Workers’ Compensation manages information regarding coverage.
Construction sites often involve different types of contractors, including general contractors, sub-contractors, and prime contractors. Licensed general contractors must confirm that the sub-contractors have workers’ compensation coverage or an exemption certificate. Sub-contractors must confirm that sub-sub-contractors also have workers’ compensation coverage or an exemption. In case of an accident, workers may receive medical care and disability benefits regardless of fault, and typically, the general contractor has workers’ compensation immunity from lawsuits that may lead to more significant damages, such as a wrongful death claim.
Florida law also provides that there are exemptions to this rule. An employee who owns at least 10 percent of the company may elect to be excluded from the workers’ compensation definition of “employee” by filing a Notice of Election to be Exempt. Under this rule, sub-contractors may sue their general contractor after an accident for damages.
Workers’ compensation covers medical expenses, rehabilitation if needed, and a portion of lost wages. In the case of death, workers’ compensation will cover lost wages and funeral and burial expenses, up to a limit. Florida law requires construction businesses to carry workers’ compensation insurance in the event of an injury, illness, or fatality. This includes sub-contractors who must also provide workers’ compensation to their employees, and primary contractors must ensure these standards are met by sub-contractors. Further, Florida’s workers’ compensation law does not permit independent contractors in the construction industry. The person is either a business owner or an employee of a business.
Florida statutes also dictate that an employer must pay the premium for workers’ compensation and the employee is not responsible to pay the premium. This no-fault system is straightforward: if you were injured at your workplace then you are entitled to receive workers’ comp. However, this no-fault system also makes it difficult for an employee to sue their employer on a negligence claim, making a personal injury legal claim less likely to happen. The quick guarantee of the workers’ compensation benefit with the exchange of a reduced capacity to file a personal injury claim against an employer is known as the “grand bargain” in the United States.
The plaintiff bears the burden of proof and must prove that the construction company and/or state are liable for the accident.
Damages that are available to the plaintiff in a construction personal injury lawsuit are like other damages in other categories of personal injury lawsuits.
Since construction injuries that may involve a personal injury claim may be complicated, it is best to consult with a personal injury attorney after a construction accident about your options.
Car accidents leave many victims in devastating circumstances. While many victims have good faith that…
Car accidents may lead to a range of injuries. Sometimes, even seemingly moderate accidents can…
For many people, the holidays are a time for travel and visiting family. These events…
Is Florida a “No-fault” State? And What Does That Mean? In the United States, each…
Patent litigation is a specialized area of intellectual property law involving civil cases. It arises…
There are various ways to resolve employment disputes, including informal and formal methods, depending on…