You earn your living through hard work. The construction sites of Clearwater, from the new developments in Pinellas County to the ongoing projects downtown, are where you build a future for your family. You know the risks of the job, but you trust that safety protocols and the watchfulness of others will protect you.
When someone’s negligence breaks that trust and you suffer a serious injury, your life is thrown into chaos. Suddenly, you are unable to work, facing a painful recovery, and worried about how you will continue to provide.
When an injury on the job is caused by a person or company other than your employer, you may need a Clearwater construction accident lawyer to fight for the financial resources your family depends on.
Why Choose Roman Austin for Your Clearwater Construction Accident Lawyer?
A rollover case is a complex legal battle, often involving not just a negligent driver but potentially a powerful auto manufacturer. You need a law firm with the resources, the local presence, and the specific experience to handle these high-stakes claims.
A dedicated Pinellas County law firm
Our Clearwater office is staffed by attorneys who live in and serve this community. We are not a distant firm that sees Pinellas County as just another pin on a map. We know the unique dangers of our roads, from the high speeds on the Suncoast Parkway to the busy intersections on Little Road.
Our familiarity with the judicial center and our local connections give us a distinct advantage when investigating your crash and building your case.
A record of success in catastrophic injury cases
We have a long and successful history of securing substantial recoveries for clients who have suffered life-altering injuries. While past results do not guarantee future outcomes, our firm has secured numerous multi-million-dollar verdicts and settlements for victims of catastrophic accidents. This record demonstrates our commitment to challenging the largest insurance companies and our determination to secure the full and fair compensation our clients deserve.
We have the resources to fight auto manufacturers
Many construction accidents involve questions of equipment safety and design. Taking on a global auto manufacturer requires immense financial resources to hire top-tier engineering and safety experts.
We have the financial strength to fund these complex product liability investigations, a step many smaller firms cannot afford to take. We are prepared to fight on all fronts to hold every responsible party accountable.
The Dangers Lurking on Clearwater Job Sites
Construction sites are innately hazardous environments. The presence of heavy machinery, multiple crews working in close proximity, and work performed at great heights creates a high potential for serious injury. The Occupational Safety and Health Administration (OSHA) identifies several key areas where accidents frequently occur, often due to a failure to follow established safety rules.
Falls from heights
Falls are consistently one of the leading causes of death and serious injury in the construction industry. These incidents are almost always preventable and often point to a clear failure in safety protocols.
On a Clearwater high-rise project or a residential build, a fall might happen from a roof, scaffolding, or a ladder. A lack of proper fall protection, such as guardrails or personal fall arrest systems, frequently causes these accidents.
Struck-by incidents
With so much activity happening simultaneously, the risk of a worker being struck by an object is extremely high. This could involve a piece of equipment, a falling tool, or a vehicle. A crane operator might negligently swing a load over a work area, or a driver of a forklift might fail to look before backing up.
These accidents often result in severe blunt force trauma, crush injuries, and traumatic brain injuries.
- Struck by a falling object like a tool or building material
- Struck by a moving vehicle like a dump truck or forklift
- Struck by a swinging or shifting piece of heavy equipment
Electrocution hazards
Working near live electrical sources is a constant danger on construction sites. Contact with overhead power lines, exposed wires, or unfinished electrical systems can cause severe burns, internal organ damage, and cardiac arrest.
These incidents often occur because people did not properly de-energize power sources or because workers did not receive the proper protective equipment.
Trench collapses
Excavation work is extremely dangerous. When a crew digs a trench, the surrounding soil can become unstable. Without proper shoring or protective systems, the walls of the trench can suddenly collapse, burying workers under tons of earth.
According to OSHA, these collapses are among the most fatal types of construction accidents.
Who is Legally Responsible for a Construction Site Injury?
After an injury, determining who is legally at fault is a complex process. A construction site is a web of overlapping responsibilities, with many different companies and individuals working on the same project. The liable party is often not your own employer.
The property owner’s duty
The owner of the land where the construction is taking place has a general duty to ensure their property is reasonably safe. While they may delegate day-to-day operations, they may still be held liable if they were aware of a dangerous condition on their property and failed to take action to correct it.
The general contractor’s liability
The general contractor is in charge of the entire project. They have a significant legal responsibility to coordinate all activities on the site and to ensure that all parties follow safety regulations. A court may hold them liable if they failed to implement proper safety protocols, hired an incompetent subcontractor, or failed to supervise the site adequately, leading to a dangerous condition that caused an injury.
Negligence of a third-party subcontractor
This is one of the most common grounds for a personal injury claim. Many different subcontractors, from electricians and plumbers to crane operators and painters, work on a single site.
If an employee of one subcontractor negligently injures an employee of another subcontractor, the injured worker may have a third-party claim against the negligent party’s company.
- An electrician leaves an unmarked, live wire exposed, and a plumber receives a severe shock.
- A crane operator from a rental company drops a load of materials, injuring a roofer working below.
- A framing crew creates an unsafe opening in a floor but fails to cover or mark it, and a different worker falls through.
Pursuing Compensation Beyond Workers’ Comp
The workers’ compensation system in Florida is a no-fault system designed to provide injured workers with quick access to medical care and partial wage replacement. However, it provides very limited benefits and does not compensate you for the full impact of a serious injury.
What is a third-party personal injury claim?
A third-party claim is a lawsuit filed against a negligent person or company who is not your employer. This is a separate legal action that you can pursue at the same time you are receiving workers’ compensation benefits. It is your opportunity to fight for the full range of damages that workers’ comp does not cover. This type of claim requires you to prove the third party was negligent and that their negligence caused your injuries.
Why workers’ compensation is often not enough
The workers’ compensation system has significant limitations. It is designed to be a basic safety net, not to make you whole again after a devastating injury. It is a trade-off: in exchange for not having to prove fault, you give up the right to sue your employer and recover certain types of damages.
- Workers’ comp only pays for a portion (usually two-thirds) of your lost wages, not your full income.
- It does not provide any compensation for your physical pain and emotional suffering.
- It does not compensate you for the loss of your ability to enjoy your life.
- The benefits for a permanent disability are often very limited.
How a personal injury lawyer helps with a third-party claim
A personal injury attorney investigates your accident to determine if a third party was at fault. While the workers’ compensation insurance company handles that claim, your lawyer builds a separate case against the negligent party. They gather evidence, hire experts, and negotiate with the third party’s liability insurance company.
While past results do not predict future outcomes, our firm has a record of securing substantial recoveries for injured workers, including seven-figure settlements in complex third-party claims. Their goal is to secure a result that covers all the damages workers’ compensation leaves behind.
Steps to Take After Returning Home from a Construction Accident
After receiving initial medical treatment and returning home, your focus should be on your physical recovery. During this time, there are several things you can do to protect your health and your legal rights.
Follow your doctor’s orders without exception
This is the most important thing you can do. Attend all of your follow-up appointments and physical therapy sessions. Take your medications as prescribed. Following your treatment plan helps you heal and also creates an official medical record that documents the severity of your injuries and your commitment to recovery. An insurance company can use any deviation from your doctor’s plan to argue that you were not truly injured.
Document your pain and limitations
Keep a simple daily journal. You do not need to write a lot. Just make a few notes each day about your pain level, any physical activities you were unable to do, and how your injuries are affecting your mood and your family life. This personal record can become a powerful piece of evidence to show the real-world impact of your injuries.
Preserve all evidence
Keep every piece of paper related to your accident and your injuries in a single, safe place. This creates an organized file that will be invaluable to your legal team.
- The names and contact information of any coworkers who saw the accident.
- Any photos you or a coworker took of the accident scene.
- The work boots, hard hat, or safety gear you were wearing. Do not wash them.
- All medical bills, receipts, and correspondence from any insurance company.
Information your Clearwater construction accident lawyer needs
When you meet with an attorney, having this information organized will help them evaluate your case quickly. They will want to know the details of what happened, the names of your employer and the general contractor, and the extent of your medical treatment so far. This initial consultation is your opportunity to get clear answers about your legal options.
Frequently Asked Questions
Can I still sue someone else if my employer is paying my workers’ comp?
Yes. The workers’ compensation law protects your employer from a lawsuit, but it does not protect a negligent third party. You can receive workers’ compensation benefits from your employer’s insurer while simultaneously pursuing a personal injury claim against a different person or company whose negligence caused your injury.
What if I was an independent contractor, not an employee?
If you were a true independent contractor, you might not be eligible for workers’ compensation benefits. This means your only path to recovering compensation for your injuries may be through a direct personal injury lawsuit against the negligent parties, which could include the general contractor or the property owner.
The general contractor says I violated a safety rule. Do I still have a case?
You may. The insurance company for the at-fault party will look for any reason to shift blame onto you. Under Florida’s comparative negligence law, even if you are found to be partially at fault, you may still be able to recover damages. A court would reduce your final award by your percentage of fault. A law firm can fight to show that the other party’s negligence was the primary cause of the accident.
How long do I have to file a construction accident lawsuit?
In Florida, the statute of limitations for a personal injury claim is generally four years from the date of the accident. However, investigating a complex construction accident case and identifying all the responsible parties takes time. It is beneficial to consult with a legal professional well in advance of this deadline to ensure your rights are protected.
Build a Stronger Future
You built your life on the foundation of your hard work. When an injury on a construction site takes that away from you, you deserve a legal team that will fight to rebuild your financial security.
An experienced personal injury attorney can investigate your case, identify all liable parties, and fight for the full compensation you need. The team at Roman Austin Personal Injury Lawyers is ready to be your advocate.
Contact us today for a free, no-obligation consultation. We will listen to your story, explain your options, and answer your questions. Call our office at (727) 787-2500 or complete our online contact form to get started.
Visit Our Personal Injury Law Office in Clearwater, FL
Roman Austin Car Accident & Personal Injury Lawyers
1811 N Belcher Rd. suite i-1,
Clearwater, FL 33765
Phone: (727) 787-2500
Business Hours: 24/7
