Important Things to Know About Construction Work Injuries

Construction work injuries can occur at any time of the year in South Florida, and jobs in this industry are often discussed as being among the most dangerous. Indeed, the US Bureau of Labor Statistics (BLS) underscores that the construction industry reports some of the highest nonfatal and fatal injuries every year, and the Occupational Safety and Health Administration (OSHA) indicates that nearly 50 percent of all deadly work-related injuries occurred in the construction and transportation industries. In 2020 alone, there were nearly 1,000 deaths in the construction industry.

If you were injured while doing construction work in Sunrise or elsewhere in South Florida, it is critical to know that you may be eligible for workers’ compensation benefits and that a Sunrise workers’ compensation attorney can help. In the meantime, the following are some of the most important things to know about construction work injuries and the Florida workers’ compensation system.

Many Types of Construction Work Injuries Are Compensable 

The construction industry involves many different types of job tasks, and workers engage in dangerous work-related actions that can result in serious and deadly injuries. As long as other requirements are met, any injury sustained in the course of performing construction work should be compensable through the Florida workers’ compensation system. Some of the most common types of injuries for which workers obtain compensation include the following:

• Falls, including both falls from heights and slips and falls;
• Struck-by injuries;
• Caught-in or Caught-between injuries;
• Vehicle-related injuries; and
• Electrical injuries.

Workers’ Compensation System is a No-Fault System 

To be eligible for workers’ compensation benefits following a construction work injury (or in any other industry), you do not need to prove fault in order to receive compensation. The Florida workers’ compensation system is a no-fault system where a party’s negligence — a co-worker’s, supervisor’s, or even injured worker’s negligence — does not typically affect the case. Regardless of fault, the worker can usually recover compensation.

Your Construction Employer Must Have Workers’ Compensation Coverage 

While most employers in South Florida are only required to have workers’ compensation coverage if they have four or more employees, it is essential to know that the construction industry is treated differently. All construction industry employers must have workers’ compensation coverage under Florida law. It does not matter how the construction business is structured (as a limited liability company (LLC), partnership, or corporation, for example).

The Florida Administrative Code lists all trades that are “considered to be in the construction industry,” and it is important for injured workers to know if their employer is required to have coverage. Most likely, if you are doing construction work, your employer must have coverage.

Contact a Sunrise Workers’ Compensation Lawyer 

If you were injured while performing construction work in South Florida, or if a loved one was injured or killed while working for a construction industry employer, it is critical to get started on a workers’ compensation case. One of our experienced Sunrise workers’ compensation lawyers at the Law Offices of David M. Benenfeld, P.A. can begin working with you today to help you to seek the benefits you need. Contact us for assistance.

Sources:

bls.gov/spotlight/2022/workplace-injuries-and-job-requirements-for-construction-laborers/home.htm

osha.gov/data/commonstats

myfloridacfo.com/division/wc/employer/coverage-requirements

flrules.org/gateway/RuleNo.asp?id=69L-6.021