If you were hurt on a construction site in West Palm Beach, your case may involve two different legal tracks at once: a workers’ compensation claim against your employer’s insurance, and, in many situations, a separate injury claim against another company whose negligence contributed to the accident. We help people injured in construction accidents in Palm Beach County and across Florida, and this guide explains how those two tracks fit together, what evidence matters, and which deadlines to keep in mind.
The short version
Florida’s workers’ compensation system generally protects your employer from a lawsuit over a workplace injury, but it does not automatically protect every company on the job site. A property owner, equipment maker, or unrelated contractor may be responsible in some cases. You must report the injury to your employer within 30 days, the general deadline to file a negligence lawsuit is two years, and a finding that you were more than 50 percent at fault can bar recovery in a negligence case. Which rules apply depends on your exact role and who controlled the work.
Key Takeaways
- Workers’ compensation usually covers medical care and part of your lost wages no matter who was at fault, but it generally prevents a lawsuit against your own employer.
- A separate claim against a third party, such as an equipment manufacturer or a company that was not your employer, may allow compensation that workers’ compensation does not provide.
- Report the injury to your employer in writing as soon as you can; Florida law sets a 30-day notice period for workers’ compensation.
How are construction accident claims different from other injury claims?
A construction site usually has many companies working at once: an owner, a general contractor, several subcontractors, equipment suppliers, and sometimes a separate engineering or inspection firm. When someone is hurt, the first question is often whether the injured person was an employee, and of whom. That answer decides whether workers’ compensation is the main path, and whether anyone besides the employer can be sued.
Under section 440.11 of the Florida Statutes, the liability of an employer who secures workers’ compensation coverage is generally exclusive, which means an injured worker usually cannot sue that employer for negligence. The statute has limited exceptions, and the related rules on contractors and subcontractors in chapter 440 can extend that protection to other companies on the same project. This is one of the most heavily argued areas of construction injury law, so it is worth having the facts reviewed rather than assuming either way. Our overview of Florida construction accident claims covers the statewide picture, and this article focuses on what matters for a West Palm Beach job site.
What causes construction accidents in West Palm Beach?
Palm Beach County has steady residential, commercial, and roadway construction, and the work includes roofing, framing, concrete, electrical, and heavy equipment operation in hot, humid conditions. The Occupational Safety and Health Administration identifies four hazard categories behind most construction deaths: falls, being struck by an object, electrocution, and being caught in or between objects, which it calls the Focus Four hazards. In our experience those categories show up again and again in injury cases:
- Falls: from roofs, ladders, scaffolds, and unprotected edges or openings.
- Struck-by injuries: falling tools or materials, swinging loads, and moving vehicles or equipment.
- Electrical contact: overhead power lines, damaged cords, and improperly locked-out equipment.
- Caught-in or caught-between injuries: trench collapses, machinery, and crushing hazards.
Fall protection is a good example of a written federal rule that can become evidence. OSHA’s construction standards on fall protection appear in 29 CFR 1926.501. A violation of a safety rule does not by itself decide a lawsuit, but it can help show how the accident happened and who had control of the hazard.
Who might be responsible besides your employer?
Depending on the facts, a claim may involve a party other than your employer. Examples include the maker of a defective tool, ladder, or lift, a property owner who created or ignored a dangerous condition, a company that controlled part of the site but did not employ you, or a driver who caused a crash on a roadway work zone. Whether any of these can be sued depends on their relationship to the project and to your employer, so the contracts and the chain of who hired whom can matter as much as the accident itself.
Florida law also addresses what happens when you receive workers’ compensation benefits and later recover from a third party. Under section 440.39, the workers’ compensation carrier may have a right to be repaid from part of a third-party recovery. That is one reason it helps to have the whole picture reviewed before you settle anything.
What should you do after a construction injury?
Get medical care first, and tell the provider that the injury happened at work. Then report the injury to your employer. Section 440.185 generally requires an injured employee to advise the employer of the injury within 30 days, and putting it in writing creates a record. Waiting can put your benefits at risk.
While memories are fresh, it also helps to protect the information that can disappear from a job site quickly:
- Photographs of the area, equipment, and any missing guardrails, covers, or warning signs.
- Names and contact information for coworkers and anyone else who saw what happened.
- Incident reports, safety meeting notes, and training records, if you can obtain copies.
- Your medical records, work restrictions, and a record of missed shifts.
Be careful with recorded statements to an insurer before you understand your rights, and be cautious about posting about the accident online. Our article on whether to accept the first insurance settlement offer explains why early offers rarely reflect the full cost of a serious injury. If you want to report an unsafe site, OSHA explains how to file a complaint.
Ready to discuss your case?
If you were hurt on a construction site, tell us what happened. We will review the facts and let you know whether we can help, and what your next step should be.
or call us at (407) 917-2087
What compensation can you pursue?
Workers’ compensation generally pays authorized medical treatment and a portion of lost wages, but it does not pay for pain and suffering. A third-party claim, where one exists, can seek a broader range of damages, including medical expenses, lost income, reduced earning capacity, and pain and suffering. Our article on what damages you can claim after an injury walks through each category, and construction falls and crush injuries are a common source of the severe harm described in our guide to Florida spinal cord injury claims. If a loved one died in a construction accident, family members may have separate rights, which we discuss in our guide to wrongful death claims in West Palm Beach.
What deadlines and fault rules apply in Florida?
Florida generally allows two years to file an action founded on negligence, and two years for wrongful death, under section 95.11. Workers’ compensation has its own, separate deadlines, including the 30-day notice rule above. Our overview of the Florida personal injury statute of limitations explains how the clock works.
Fault matters in a third-party claim. Under section 768.81(6) of the Florida Statutes, a person found more than 50 percent at fault for their own harm generally cannot recover damages in a negligence action. Defendants sometimes argue that a worker ignored safety instructions or equipment warnings for that reason. We explain the rule in our article on Florida’s comparative negligence law.
Frequently Asked Questions
Can I sue my employer for a construction accident in Florida?
Usually not, if your employer carries workers’ compensation coverage, because that coverage is generally the exclusive remedy against the employer. Limited exceptions exist, and other companies on the site may still be responsible, so the facts of your situation matter.
Do I have to report my injury right away?
You should report it as soon as you can. Florida law generally requires notice to your employer within 30 days of the injury for workers’ compensation, and a written report helps document it.
How long do I have to file a lawsuit after a construction accident?
For most negligence claims, two years under section 95.11. Wrongful death claims also generally have a two-year limit. Workers’ compensation claims follow separate deadlines, so do not wait.
Can I still recover if I was partly at fault?
Possibly. In a negligence claim your compensation may be reduced by your share of fault, but if you are found more than 50 percent at fault, Florida law generally bars recovery.
How We Can Help
At Ilabaca Law, PLLC, we help people injured in construction accidents in West Palm Beach and throughout Florida. We can review what happened, help identify the companies and insurance policies that may be involved, work to preserve evidence, handle communication with insurers, and explain your options so you can decide how to move forward. Representation in injury cases is on a contingency basis, which means no fee unless we win. Our attorney Nicholas Ravinet handles personal injury and insurance matters for the firm and is licensed by The Florida Bar.
If you or a family member was hurt on a construction site, tell us what happened. You can reach us through our contact page or call (407) 917-2087.
This article is general information, not legal advice, and reading it does not create an attorney-client relationship. Every case is different, and laws change. Please speak with a Florida attorney about your specific situation.