Construction workers are the unsung heroes of Miami’s booming economy.
The Bureau of Labor Statistics (see chart) reports year-over-year employment of construction workers has increased nearly 20 percent in Miami, far outpacing the national average of 4 percent growth. Such blistering growth comes with a variety of additional risks for workers who already face the highest rates of serious and fatal injuries on the job.
South Florida Real Estate News reports a fatal construction fall occurred before Christmas at the site of a 294-room motel under construction in Miami Beach. The 35-year-old fell from the third story to the second story at the site of the redevelopment of the Collins Park Hotel, according to the Miami Beach Fire Department. He was punctured by rebar and died at Ryder Trauma Center at Jackson Memorial Hospital.
It is the second recent construction death on Miami Beach. This summer, a project manager was killed when the former Marlborough House building unexpectedly collapsed on Collins Avenue. Both incidents are under investigation by the U.S. Occupational Safety and Health Administration.
Compensation & Third-Party Liability in Miami Construction Accidents
Miami personal injury lawyers know some construction workers may be entitled to workers’ compensation benefits, which will pay for medical care, rehabilitation, and a portion of lost wages following a work accident. However, even successfully claiming those benefits often requires the help of an experienced work accident attorney in Miami.
Workers’ compensation benefits generally prohibit you from filing a personal injury or wrongful death claim against an employer. But in cases where the negligence of another party results in serious or fatal injury, victims may pursue a third-party liability lawsuit. Choosing a law firm experienced in handling construction accidents will best determine your outcome. Examples of liable parties in these types of claims include other contractors or subcontractors, property owners, engineers, or manufacturers or lessors of dangerous or defective equipment.
Review of OSHA citations reveals the most common dangerous conditions that result in construction accidents:
- Fall protection, construction (29 CFR 1926.501)
- Hazard communication standard, general industry (29 CFR 1910.1200)
- Scaffolding, general requirements, construction (29 CFR 1926.451)
- Respiratory protection, general industry (29 CFR 1910.134)
- Ladders, construction (29 CFR 1926.1053)
Workers’ compensation is a no-fault system, meaning employees do not have to prove negligence on the part of an employer in order to collect benefits. Covered employees are generally eligible for benefits if they are injured during the course and scope of employment.
Pursuing a third-party liability lawsuit requires an injured employee prove negligence on the part of an at-fault party other than the employer. As with other injury lawsuits filed under Florida negligence law, the plaintiff (victim) must prove the defendant owed a duty of care, and that breach of duty resulted in compensable injuries to the plaintiff.
While multiple avenues of recovery may be available, these are complex cases best handled by a law firm dedicated to personal injury and wrongful death litigation in Miami.
If you’ve been injured, call the Miami personal injury lawyers at the Flagler Personal Injury Group at 305-424-8445 for a free and confidential consultation to discuss your rights.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Miami Construction Accident Attorney.