Construction Accidents/Industrial Accidents
Construction sites pose hazards to those working with potentially dangerous tools and equipment. Industrial accidents also result in great damage, and in some cases, loss of life. At the Hollander Law Firm, Boca Raton construction accident lawyer Gregg Hollander provides guidance and representation to people in South Florida who have suffered harm or lost a loved one. As an injury attorney with over two decades of experience, Mr. Hollander appreciates the importance of a thorough investigation of facts and evidence to bringing a successful claim following an accident. He maintains offices in Fort Lauderdale, West Palm Beach, Naples, and Fort Myers, in addition to his main Boca Raton location.Seeking Compensation Following an Industrial or Construction Site Accident
The first option for an injured worker to consider after a construction site accident is the workers' compensation system. This is a no-fault insurance program that provides reimbursement for a certain amount of lost wages, compensation for medical costs, and sometimes vocational rehabilitation programs. Workers simply need to show that they were injured in the course of doing their job to be eligible for workers' compensation. However, it does not provide the same scope of damages as a personal injury claim. This is one reason why pursuing an additional claim against a third party may make sense.
While the workers’ compensation system is the sole remedy for an injured employee against his or her employer, there are also situations in which a worker is hurt because of a third party’s negligence. Often, various people and entities other than a worker’s employer are involved in a construction site, such as property owners, contractors, and subcontractors, as well as product manufacturers. To recover compensation for the harm caused by a third party, it will usually be necessary to bring a negligence claim with the assistance of a construction accident attorney in the Boca Raton area.
Following an accident on a job site, a worker pursuing a third-party claim must show the defendant had a duty to provide for his safety, the defendant breached that duty, and this breach directly caused harm and damages. Generally, people and entities have a duty to act reasonably and avoid posing risks of harm to others. Failing to meet this duty, such as by using faulty equipment or permitting safety lapses at an industrial site, is a breach of the duty of care.
In certain circumstances, people hurt in a construction or industrial accident may suffer serious injuries, including a tragic loss of life. Some victims may be unable to work thereafter due to internal organ damage, spinal cord injuries, and traumatic brain injuries. Damages that may be recovered in a negligence claim can help to cover the financial as well as the physical and emotional consequences of the accident. Economic damages refer to items such as medical and hospital bills, lost wages from work, and property damage. Pain and suffering, mental anguish, loss of capacity for enjoyment of life, and loss of consortium are examples of non-economic damages that also may be recovered in a negligence lawsuit. (The workers' compensation insurer may have a right of subrogation to be reimbursed from a personal injury award for the benefits that it paid to an injured worker.)
In some cases, construction or industrial site accidents may be due to defective equipment. If there was a malfunction on a machine, or it was poorly manufactured, the injured individual may bring a product liability claim for compensation. In this case, the defendant would be the designer of the tool, or a supplier of the parts used to assemble the equipment. The actions of these parties may have caused the plaintiff’s worksite injury. In a product liability lawsuit, the following elements must be shown. The tool or the equipment must have been unreasonably dangerous when it left the manufacturer, the tool must have been used in the manner intended, and the tool or equipment must have had a dangerous defect that resulted in the injury.
For all legal claims following a construction or industrial site accident, it is important to preserve any evidence and documentation of the injury. Courts also require that the claims be filed in a timely manner, according to the appropriate statute of limitations.Consult a Construction Accident Lawyer in Boca Raton
Boca Raton construction accident attorney Gregg Hollander and the Hollander Law Firm have successfully secured financial recovery on behalf of many individuals injured at a job site. We have represented South Florida clients from Fort Lauderdale, West Palm Beach, Pembroke Pines, Hollywood, Miramar, Pompano Beach, Coral Springs, Wellington, Boynton Beach, Deerfield Beach, Delray Beach, and Coconut Creek, as well as Broward and Palm Beach Counties. Our office prides itself on personal attention and our pursuit of justice on behalf of our clients. In addition to our main office in Boca Raton, we have offices in Fort Lauderdale, West Palm Beach, Naples, and Fort Myers. For a free, no-obligation consultation, contact us through our online form or by calling (888) 751-7770. Gregg Hollander also is available to represent victims who need a car accident lawyer or guidance with other personal injury claims.