Fort Myers Construction Accident Lawyer
Injured construction workers are entitled to workers’ compensation benefits, including partial wage replacement and full medical care. Victims do not have to prove fault, either. All injured construction workers are entitled to workers’ comp benefits and the Fort Myers construction injury lawyer at Cardinal Law, P.A. are here to help make that a reality. We are also here to help you file a personal injury claim against any liable party for additional damages.
Filing a Personal Injury Claim in Addition to a Workers’ Compensation Claim
The benefits to filing a workers’ compensation claim are two-fold: you do not have to prove fault, and the medical expenses and lost wages are taken care of relatively quickly. However, a workers’ comp claim does not pay for your full lost wages, let alone a lifetime of lost income due to disability. Furthermore the injured construction worker cannot receive the medical care of their choosing, pain and suffering damages, loss of joy of life, and other damages caused by the work injury. By filing a personal injury claim, you can be compensated for all of this, and more. However, you must not only be able to prove that the accident was caused by your employer, you must be able to establish that your employer acted recklessly. This can take a long time, and is generally difficult to accomplish. As such, it is advisable to work with an attorney who will file both claims for you: workers’ compensation first, then a personal injury claim afterward if there is evidence of your employer’s wrongdoing.
Examples of an Employer’s Egregious Actions or Recklessness
A lot can go wrong on a construction site. A lot will certainly go wrong if an employer cuts corners to save on costs, which is a common problem throughout the country. Examples of scenarios in which an employer could be found liable for recklessness include:
- Not providing proper safety equipment
- Flouting state or federal safety regulations
- Using improper construction equipment, devices, or machinery
- Telling employees to perform job duties that would put the employee at an unacceptable level or risk
- Telling or coercing an employee to do something against code, or against the law
- Failing to perform job site safety checks
Filing a Claim Against Another Party
There are plenty of cases in which a third party might be liable in a construction accident, aside from the worker themselves or an employer. Other parties that may be liable in a personal injury claim, include:
- Machinery, tool, or parts manufacturer
- Subcontractor, depending on their relation to your employer
- Private automobile driver (typical in cases of road construction accidents)
If one of these parties caused the accident, the plaintiff would not have to prove recklessness. They would only have to establish fault, which is less difficult than proving recklessness or intent.
Call a Fort Myers Construction Accident Injury Lawyer
Whether you are suffering from a chronic overuse injury, such as carpal tunnel syndrome, caused by your line of work, or you were injured in a traumatic accident, we can help to seek fair compensation. Call the Fort Myers construction accident lawyers at Cardinal Law, P.A. today at 844-874-PAIN to schedule a free consultation.