Though many of us do not realize it, construction workers often risk their lives, day in and day out. Despite OSHA regulations and other laws in place designed to keep these workers safe, accidents and injuries on construction sites are still far from rare. One of the most common types of construction site accidents is scaffolding accidents. If you or a loved one was recently injured in such an accident, you are most likely now seeking financial compensation. Please continue reading and speak with our Jacksonville construction accident attorneys to learn more about how we can help you through each step of the legal process ahead. Here are some of the questions you may have:
How do most scaffolding accidents occur?
Scaffolding accidents happen for a wide range of reasons, though they are most commonly caused by the following:
- Pully system malfunctions
- OSHA violations
- Defective scaffolding parts
- Debris falling from overhead
- Exceeding the weight limit on a scaffold
- Planking or support giving way
- Slippery surfaces
Will I file a workers’ compensation claim or a third-party claim?
Most employers in Florida are required to carry workers’ compensation insurance. As long as your employer has this insurance, you will likely file a workers’ compensation claim, wherein you must prove you were injured on the job (regardless of whose fault the accident/injury was). As long as you can prove as much, you should receive compensation to help cover the cost of your medical bills and a percentage of your lost wages.
That said, you should note that if you were hurt due to a third party who is not your employer, such as a negligent scaffolding designer or parts manufacturer, you may qualify for compensation through a third-party injury claim, though the process for doing so is a bit different. In a third-party claim, we will have to prove that you were injured as a direct result of someone else’s negligence. You should note that there is no cap on the amount of economic and non-economic damages you may receive in a third-party claim.
How long do I have to file a workers’ compensation claim in Florida?
In Florida, employees are required to notify their employers of their injury within 30 days of it occurring. From there, the employee must file their workers’ compensation claim within two years. Conversely, the statute of limitations for a third-party claim in Florida is, typically, four years. That said, you’re always better off filing either claim as soon after your accident as possible. Ansbacher Law is here to help you today.
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Ansbacher Law is composed of knowledgeable attorneys who are ready to assist clients with various legal matters throughout North Florida. Please contact our office for an initial consultation today.
