Orlando Construction Accident Lawyer
Working in the construction industry is inherently dangerous, so it should come as no surprise that construction accidents are among the most common workplace injuries in the U.S. According to the Occupational Safety and Health Administration (OSHA), 4,764 workers died on the job in a single recent year, with workers in transportation and material moving occupations and construction and extraction occupations accounting for nearly half of all fatal occupational injuries. In Florida, more than 600,000 people are employed in the construction industry, which has the highest number of fatal work injuries in the state.
If you were seriously injured on the job in a Florida construction accident, you may be facing many new life challenges. Construction site injuries are often life-altering. In addition, handling physical limitations, medical appointments and procedures, rehabilitation and healthcare expenses can be overwhelming for you and your family.
On top of concerns about your health, you should not have to worry about how to pay for your medical treatments. According to Florida Workers’ Compensation law, you should be entitled to benefits to pay for your medical care and a substantial part of your lost wages while you are unable to work. These benefits are available no matter who was at fault for your accident.
Navigating the Florida workers’ compensation system can, however, be difficult while also trying to manage the life changes your injury has caused. The workers’ compensation attorneys at Van Dingenen Law understand these problems and want to help. We have dedicated our entire law practice to representing the rights and interest of people just like you who have been injured on the job in Florida. Together we have over 60 years of successful experience helping injured workers in Florida get the compensation they need and deserve for medical treatment, lost wages and tax-free settlements and will put our experience and skill to work fighting zealously for your rights.
Let an experienced Orlando construction accident lawyer at Van Dingenen Law be your legal advocate to help ensure that you and your family receive all the workers’ compensation benefits to which you are entitled for your workplace injury. Please call us today at 407-967-5377 or submit the FREE CASE EVALUATION form on this page for free expert advice from an experienced Florida workers’ compensation lawyer.
What Are Common Construction Injury Accidents in Florida?
Anyone who works in the construction industry knows how dangerous a construction site can be. Despite massive efforts by private employers and government agencies over the last several decades to increase workplace safety in the construction industry, serious, even fatal, construction accidents happen daily. In one recent year, 976 workers were killed in a construction accident in the United States, according to figures published by OSHA. Only the transportation industry has more fatal workplace accidents each year.
Although a construction accident can occur under a virtually endless combination of circumstances, OSHA refers to the following “fatal four” when warning workers about the most common types of construction site accidents:
- Falls. Falls are the most common type of construction accident, representing almost 40 percent of all construction accident fatalities. Construction workers are frequently at risk of fall injuries sustained while on ladders, cross beams, scaffolding, or simply walking around an unfinished building.
- Struck by object. About one in ten construction accident fatalities involve a worker being struck by an object. Construction sights are commonly full of materials, equipment, and debris that, if not secure, can fall or blow away striking a worker and causing injury.
- Electrocutions. Construction workers are frequently exposed to live electrical wires, exposing them to the risk of electrocution. In a typical year, electrocution is the cause (or a contributing factor) in almost 10 percent of deaths in the construction industry.
- Caught-in/between. When a construction worker gets caught in or trapped between objects, equipment, machinery, or under collapsing structures, the ensuing injury is referred to as a “caught in/between” injury. These injuries account for about 7 percent of all construction accident fatalities.
If you have been seriously injured by any of these or any other type of construction site accident, you may have a difficult period of recovery and need extensive medical care and rehabilitation. The Orlando workers’ compensation lawyers at Van Dingenen Law can help you with the financial part of your recovery so you can focus on recovering from your injuries.
Are Florida Construction Industry Employers Required to Carry Workers’ Compensation?
The workers’ compensation insurance system is governed by state law. In Florida, most employers are required to carry workers’ compensation. In fact, certain employers, including those in the construction and agricultural industries, are subject to stricter insurance requirements than other employers.
Florida construction industry employers that have one or more employees, including the owner of the business who are corporate officers or Limited Liability Company (LLC) members, must have workers’ compensation coverage. In other words, if you are employed in the construction industry, your employer should have workers’ compensation insurance.
Are My Injuries Covered Under Workers’ Compensation?
If you were injured in a construction accident while on the job in Florida, you should be entitled to benefits under the Florida workers’ compensation system. Prior to the advent of workers’ compensation, an injured worker had to file a traditional personal injury lawsuit against an employer and then prove that the employer’s negligence contributed to the accident to be entitled to compensation. Workers’ compensation was developed as a way for injured workers to receive medical care and monetary benefits quickly and efficiently after being injured on the job.
Under workers’ compensation, an injured worker is not required to prove fault on the part of an employer. Instead, the worker must only show that he or she was injured while he/she was working in ordered to qualify for workers’ compensation.
What Medical Benefits Can I Get for My Construction Accident Injuries?
If you were injured in an Orlando construction accident, you might qualify for both medical benefits and wage replacement. Workers’ compensation medical benefits are paid at least until the date you reach maximum medical improvement (MMI), defined by Florida law as “the date after which further recovery from, or lasting improvement to, an injury or disease can no longer reasonably be anticipated, based upon reasonable medical probability.”
These medical benefits may cover things such as:
- Doctor visits
- Diagnostic testing
- Prescription medications
- Physical therapy
- Travel expenses related to medical treatment
The Florida workers’ compensation lawyers at Van Dingenen Law have years of successful experience helping injured workers get the full amount to which they are entitled for all of their medical expenses. We will put our experience to work helping you get the compensation you need for as long as you need it.
What Are Florida Worker’s Compensation Wage Replacement Benefits?
Along with paying for your medical treatment, the Florida workers’ compensation law allows you to receive wage replacement benefits for an eligible construction accident injury claim. How long you receive wage replacement benefits and how much you receive will depend on the severity of your injury and your income prior to the accident.
The amount of your weekly wage replacement benefit will be calculated as two-thirds of your pre-injury regular weekly wages but cannot be higher than Florida’s average weekly wage. Wage replacement benefits do not begin until the 8th day of partial or total disability unless you are disabled for more than 21 days due to your work-related injury or illness, in which case you will be entitled to wage replacement benefits retroactive to the date of injury.
The duration of your wage replacement benefits will depend on how seriously you were injured and whether the injury is determined to be temporary or permanent, as follows:
- Temporary Total Benefits: Available when an injury or illness temporarily prevents you from returning to work, and you have not reached maximum medical improvement (MMI).
- Temporary Partial Benefits: Available for a maximum of 104 weeks when your doctor releases you to return to work with restrictions, you have not reached MMI, and earn less than 80 percent of your pre-injury wage.
- Permanent Impairment Benefits: Provided according to your permanent impairment rating, when the injury or illness causes any physical, psychological, or functional loss and the impairment exists after the date of MMI.
- Permanent Total Benefits: Provided when the injury causes you to be permanently and totally disabled.
- Death Benefits: Compensation that includes payment for funeral expenses and dependency benefits.
If you have been injured in a Florida construction accident and have questions about your workers’ compensation wage replacement benefits and/or medical benefits, call the Orlando workers’ compensation lawyers at Van Dingenen Law 407-976-5377 or submit the FREE CASE EVALUATION form on this page. We specialize in workers’ compensation cases, so we can expertly answer your questions and help you get all the Florida workers’ compensation benefits to which you are entitled.
How Can an Orlando Construction Accident Workers’ Compensation Lawyer Help Me?
A construction accident can leave you and your family struggling to find healthcare and pay the bills. The harsh reality is that the very system designed to help injured workers often turns out to be the biggest obstacle to recovery. Workers’ compensation insurance carriers frequently delay, underpay, or outright deny valid claims in an effort to save money. The experienced and committed Orlando construction accident lawyers at Van Dingenen Law will fight for you and your family to get you the benefits you deserve.
Hiring a Van Dingenen workers’ compensation lawyer will not cost you anything upfront. Instead, we work on a contingency fee basis. This means that we only get paid when your Florida workers’ compensation claim is approved.
If you were injured in a construction accident, or you are the surviving family member of someone fatally injured in one, you need an experienced and dedicated attorney on your side. At Van Dingenen Law, we decided long ago to focus our entire practice on representing injured workers and have since recovered hundreds of millions of dollars in benefits and tax-free settlements for Florida’s injured workers and their families.
If you need help with your workers’ compensation claim or would like to learn more about your legal options, get in touch with Van Dingenen Law today for your free initial consultation by calling 407-976-5377 or submitting the FREE CASE EVALUATION form on this page.