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Construction is a vital industry supporting the growth of our communities and our economy. Unfortunately, the desire to build fast for maximum profit can lead to safety lapses that directly cause accidents injuring workers and passersby. Construction is an enterprise with inherent risks, but negligence makes those risks intolerable. When people are injured, they deserve full compensation, and the at-fault parties must be held accountable. At Ken M. Frankel P.A., our law firm fights to deliver justice to injured clients. If you were injured working at a construction site or simply passing by, our personal injury attorneys are ready to evaluate your case and pursue the relief you deserve.
For almost 40 years, Ken M. Frankel has practiced personal injury law in South Florida, serving clients in Pompano Beach and throughout Broward County. Ken is dedicated to personalized legal service, so he handles ever detail of your case himself. When you visit the Law Office of Ken M. Frankel, the lawyer you meet is the one who will be with you every step of the way, from your initial evaluation to case resolution. Over the course of his career, Ken has built a reputation for effectiveness, toughness, and integrity, earning the trust and gratitude of countless clients. With extensive experience in construction accident litigation, he’s ready to fight for justice in your injury case.
Those of us who work and reside in Pompano Beach know there are a million reasons to come live here, and the rest of the nation seems to be catching on. Florida is in the midst of a population boom, and Broward County is near the epicenter. Pompano Beach experienced 27 percent population growth from 2000 to 2010, and more than 12 percent in the decade since. Migration to sunny Florida has created demand for housing, business development and improved infrastructure. That means a construction boom, which is great for the local economy, but inevitably means a rise in construction accidents.
According to the Bureau of Labor statistics, roughly 150,000 construction site accident injuries each year, making construction work one of the most dangerous occupations in the United States. More than 1,000 construction workers are killed on the job annually, and 1,102 deaths were recorded in 2019. In fact, according to the Occupational Health and Safety Administration, one out of five workers killed on the job in the United States works in the construction industry.
How frequently are construction workers injured? BLS estimates that for every 100 workers, 2.8 will be injured in any given year, with 1.7 of those requiring days off from work, a job restriction, or a transfer due to the injury.
The deadliest types of construction accidents are what OSHA has termed the Fatal Four:
Together, these four types of accidents account for 60 percent of construction site deaths.
When accidents such as these are not severe enough to be fatal, they can have dire consequences. Common injuries include:
Such severe injuries can lead to permanent disability, chronic and severe pain, loss of income, and loss of quality of life.
Given the inherent risks of construction work, you would think that contractors as well as workers would be hyper vigilant about safety. Unfortunately, that is not the case. OSHA sets workplace safety standards and cites industries for violations. Of the 10 most frequently cited violations in FY 2020, several
In addition to the Fatal Four, vehicle accidents take a heavy toll on construction workers, especially during roadwork. In roadwork accidents, the majority of injuries and fatalities are caused by passing automobiles and commercial trucks.
According to OSHA, 80 percent of construction accidents are the person involved. Unsafe acts by workers are four time more likely to cause an accident than an employer’s safety violation. Reasons for such accidents include:
However, the careless person doesn’t always harm himself. The lapses noted above can also lead to an accident that injures another worker.
Construction sites are busy, and at time chaotic. Accidents can be caused by:
How a worker is compensated depends greatly on his or her relationship to the responsible party.
Is your remedy limited to workers’ compensation, or can you sue for personal injury? Your rights as an injured construction worker depend on who caused the accident, as follows:
When you see us for your free case evaluation, we can explain your rights and the best course of action to recover maximum compensation.
Workers’ compensation provides a range of benefits, including partial wage replacement at roughly two-thirds of average earnings, medical treatment, disability and death benefits. By contrast, a personal injury lawsuit allows the worker to pursue these damages:
A personal injury lawsuit enables the accident victim to recover substantially more compensation, even after deducting for attorneys’ fees. In cases of fatal injury, the compensation for a wrongful death action would easily surpass the death benefits offered through workers’ compensation. Whenever possible, a lawsuit for negligence is the better option for financial recovery.
The answer is yes! You should immediately file for workers’ compensation following any work-related injury. If you later find out you have the right to sue for negligence, you can file suit. However, if you receive damages in the same category as your workers’ compensation (e.g., lost earnings, medical bill payments, etc.) you must reimburse the workers’ comp insurer. But remember, a lawsuit should pay 100 percent of lost earnings as well as pain and suffering, so you are still likely to recover much more, even after paying the reimbursement and your attorney’s fees.
Employers in the construction industry frequently hire non-union and undocumented workers to keep costs low on projects. When an undocumented worker is injured, they often fail to report the injury for fear of revealing their immigration status. This can mean going without any compensation for a disabling injury. If you are an undocumented worker, you should understand that you have the same rights to recovery as any other worker. For your sake, and the sake of the family you’re working to support, you should consult a construction accident attorney to learn about your options.
Construction accidents don’t only injure workers. Each year, passersby are injured in a variety of ways:
Construction sites are supposed to be sealed off to protect the public, but fences and scaffolds can be flimsily constructed, and egress/ingress from the site may not be safely managed. If you are injured while lawfully in the vicinity of a construction site, you may be eligible for personal injury damages. By speaking to Ken M. Frankel, you can better understand your rights and the best course of action for obtaining compensation.
It costs you absolutely nothing to consult a personal injury attorney for your construction accident. Even better, if the attorney takes your case, you pay nothing up front for services. In what is known as a contingency fee arrangement, the attorney finances the litigation in return for a percentage of the amount your recover, plus reimbursement for expenses.
While the law makes it easy to file a workers’ compensation claim, pursuing full personal injury compensation through a negligence lawsuit is another matter. To prevail in a construction accident lawsuit, you have to prove four keys elements:
Because of the complexities involved, you need an experienced attorney who is able to:
You also want a lawyer who will be sensitive to your situation, communicate candidly with you, and keep you apprised of all developments. Having confidence in your attorney will give you peace of mind throughout the process, which can be quite lengthy.
Ken M. Frankel P.A. represents clients injured in construction accidents in Broward County and throughout South Florida. To schedule a free consultation, Call Us Today: 954-784-0800 or contact our office online. We are conveniently located at 71 Northeast 27th Avenue, easily accessible from Rt. 1 and East Atlantic Blvd. If your injuries prevent you from visiting our office, we can come to your home or hospital room.