Construction Workers and Workers’ Compensation: How to Get the Benefits You Need

Work in the construction industry is often cited as some of the most dangerous work in Florida and throughout the country. Construction workers are routinely exposed to a wide range of serious hazards, from falls risks on scaffolding to severe injuries resulting from heavy machinery, exposure to toxic substances, and trench cave-ins. It is critical for construction workers in Fort Lauderdale and throughout South Florida to have the information they need about workers’ compensation coverage when an injury results from an on-the-job accident. The following are some key things to know about getting benefits, and one of our experienced Fort Lauderdale workers’ compensation attorneys can speak with you today to discuss the particulars of your case.

Your Employer is Required to Have Workers’ Compensation Coverage

You should know that Florida law requires your employer to have workers’ compensation coverage. Although you might have heard that only employers of a certain size are required to have coverage, this law is not applicable to employers in the construction industry. To be clear, an employer in the construction industry with one or more employees — in other words, all construction industry employers — are required to have workers’ compensation coverage. Thus, you can seek benefits after a construction work injury.

Negligence is Not a Factor in Workers’ Compensation Benefits

Many injured construction workers get hurt in accidents that result from another party’s negligence, such as the employer’s negligence in failing to provide proper training or in a co-worker’s negligence in operating machinery. The Florida workers’ compensation system is a no-fault system, which means that you do not have to prove negligence or fault in order to be eligible for benefits, and it does not matter who was or was not negligent. In fact, even if a construction worker’s own negligence resulted in his or her injury, that worker is likely still eligible for benefits.

Report Your Injury Quickly

To ensure your eligibility for workers’ compensation benefits after a construction accident, you need to follow the listed requirements in the Florida Statutes. Most importantly, report the injury to your employer within 30 days and obtain health care from an approved provider. You should also document the scene of your injury, and identify any witnesses, when and where possible.

Contact a Fort Lauderdale Workers’ Compensation Lawyer

Construction workers are often engaged in job duties that put them at risk of serious injury. If you were working on a construction site and got hurt on the job, you need to know that your employer is required to have workers’ compensation coverage under Florida law and that you may be eligible to obtain workers’ compensation benefits to help cover your losses. In addition to coverage for your medical care, you may be eligible to receive payments to help make up for lost wages, as well as certain disability benefits in the event of a permanent disability. An experienced Fort Lauderdale workers’ compensation attorney at the Law Offices of David M. Benenfeld, P.A. can speak with you today about your injury and your options for seeking compensation and benefits. Contact us for help with your case.

Sources:

osha.gov/construction#:~:text=Construction%20workers%20engage%20in%20many,%2C%20silica%20dust%2C%20and%20asbestos

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

flsenate.gov/Laws/Statutes/2017/Chapter440