Construction Site Injuries in South Florida: Workers’ Compensation and Third-Party Claims
If you were hurt on a construction site in South Florida, you may have more than one path to recovery. Workers’ compensation can cover your medical care and part of your lost wages. In some cases, a separate claim against someone other than your employer may also be available. Knowing the difference helps you protect both.
What workers’ compensation covers
Florida workers’ compensation is a no-fault system. You do not have to prove your employer did anything wrong to receive benefits. If you were injured while doing your job, benefits may include:
- Authorized medical treatment related to your injury
- A portion of your lost wages while you cannot work
- Benefits for permanent impairment, depending on your injury
The tradeoff is that, in most situations, you cannot sue your employer for your injury. There is no entitlement to intangible damages such as pain and suffering or the permanent nature of an injury. On construction projects, this immunity can also extend to the general contractor and, in many cases, other subcontractors on the same job.
When a third party may be responsible
Construction sites are crowded. Many companies share the same space, equipment, and deadlines. When someone outside your employer’s protection causes your injury, you may have a separate liability claim against them. Examples can include:
- The manufacturer of a defective ladder, scaffold, power tool, or safety harness
- A driver who struck you while you were working near traffic
- A property owner or vendor whose negligence created an unsafe condition
- An equipment rental company that failed to maintain its machinery
Unlike workers’ comp, a third-party claim requires showing that someone else was at fault. It may also allow you to seek the damages workers’ comp does not cover.
How the two claims work together
You do not have to choose one or the other. You can receive workers’ comp benefits and pursue a third-party claim at the same time. If you recover money from a third party, the workers’ comp insurer has a right to be repaid for some of the benefits it paid. How that repayment is calculated can affect what you keep, so it is worth understanding before you settle anything.
Deadlines matter
Florida law sets time limits on both types of claims. You generally must report your injury to your employer within 30 days. Workers’ compensation claims and negligence lawsuits each have their own filing deadlines, and missing one can affect your rights. Acting early also helps preserve evidence like photos, videos, witness names, and the equipment involved.
Steps you can take now
- Report your injury to your supervisor in writing immediately
- Get medical care authorized in a Workers’ Compensation case and tell the provider the injury happened at work.
- Write down what happened, who was there, and what equipment was involved.
- Keep copies of every document you receive.
Talk with a Board Certified attorney
Construction injury cases often involve more than one company and more than one insurer. Barry A. Stein has been Board Certified in Workers’ Compensation by The Florida Bar since 1997. Call De Cardenas Freixas Stein & Zachary, P.A. at 305-377-1505 to talk through your options.
