Miami Construction Accident Lawyer

Hurt on a Job Site? You Likely Have More Than One Claim

Construction is some of the most dangerous work in South Florida. A fall from a scaffold, a falling tool, a trench that was never shored, a machine that should have been locked out: any of them can put you in the hospital and out of work for months.

Most injured workers are told the same thing: file for workers comp and wait. Workers comp matters, but it is rarely the whole story. Many construction accidents also involve a negligent subcontractor, property owner, equipment manufacturer, or driver, and a separate claim against them can recover far more than workers comp alone.

At Leyva Law, attorney Daniela Leyva examines every angle of your accident, in English or Spanish, and you pay nothing unless we recover for you.

Workers Compensation: What It Pays and What It Does Not

Florida construction employers are generally required to carry workers compensation coverage under chapter 440, Florida Statutes. It is a no-fault system: you do not have to prove that anyone did anything wrong to receive benefits. Workers comp pays your authorized medical care and a portion of the wages you lose while you cannot work.

The trade-off is steep. Under section 440.11, Florida Statutes, workers compensation is generally the exclusive remedy against your employer. In plain terms, in most cases you cannot sue your own employer for negligence, even when the accident was clearly the company's fault. And workers comp pays nothing for pain and suffering.

Two deadlines start running right away. You generally must report the injury to your employer within 30 days (section 440.185, Florida Statutes), and a petition for workers compensation benefits generally must be filed within two years of the injury (section 440.19, Florida Statutes).

Third-Party Claims: Where Full Compensation Often Comes From

A construction site is crowded with companies that are not your employer. When one of them causes your injury, the exclusive remedy rule does not protect them. You can bring a normal negligence claim against that company for the full value of your harm, including pain and suffering, in addition to your workers comp benefits.

Negligent Subcontractors

Another trade leaves live wiring exposed, drops material from a level above, or removes a guardrail and never puts it back. The company responsible can be held accountable even though your own employer cannot.

Property Owners

Owners who keep control of the site or hide dangerous conditions on their property can be responsible for the injuries those conditions cause.

Equipment Manufacturers

Defective ladders, scaffolds, lifts, power tools, and machines without proper guards support product liability claims against the companies that made or sold them.

Negligent Drivers

Workers struck by a vehicle in a work zone, or hurt in a crash while driving between sites, usually have a claim against the at-fault driver on top of workers comp.

OSHA Violations Can Help Prove Your Case

Federal OSHA rules set minimum safety standards for fall protection, scaffolding, ladders, trenching, and more. An OSHA citation does not decide a civil case by itself, but a documented safety violation can be powerful evidence that someone was negligent.

We move quickly to request inspection records, citations, incident reports, and site photographs before they disappear. On an active job site, the scene of your accident may be rebuilt within days.

The Deadline to Sue Is Generally Two Years

For most construction accident negligence claims, Florida law allows two years from the date of the accident to file a lawsuit (section 95.11(5)(a), Florida Statutes). The workers comp system runs on its own clocks, described above, and insurance policies add notice requirements of their own.

Beyond the deadlines, evidence on a construction site changes daily: equipment is repaired or removed, conditions are corrected, and crews scatter to other jobs. The sooner we start, the more we can preserve. There is no cost to have us review your case.

Construction Accidents We Handle in Miami-Dade

• Falls From Scaffolds, Roofs, and Ladders
• Crane and Heavy Equipment Accidents
• Trench and Structure Collapses
• Electrocutions and Burns
• Falling Tools and Debris
• Forklift and Machinery Accidents
• Work Zone Vehicle Accidents
• Defective Tools and Equipment

Miami Construction Accident FAQ

Related: property insurance claims · all personal injury cases · meet the attorney. This page is general information, not legal advice, and does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.