Legal Rights of Injured Construction Workers in Orlando

Constructions workers with helmets discussing document

Construction sites are inherently risky, and accidents can result in serious injuries. If you’re a construction worker injured on the job in Orlando, knowing your legal rights can help you secure the compensation and support you need. Here’s an overview of the legal rights available to injured construction workers and the steps to take to protect those rights.

Workers’ Compensation Benefits

What It Covers: Workers’ compensation is designed to provide financial support for employees injured while performing job-related duties. It typically covers medical expenses, lost wages, and rehabilitation costs.
Eligibility: Almost all construction workers are covered by workers’ compensation insurance. This system is no-fault, meaning you don’t need to prove negligence to receive benefits.
Filing a Claim: Report your injury to your employer as soon as possible. Ensure that you complete all necessary paperwork and follow your employer’s procedures for filing a workers’ compensation claim.

Medical Treatment and Rehabilitation

Authorized Providers: Workers’ compensation usually requires you to see medical providers approved by the insurance company. Follow their guidelines for treatment and rehabilitation.
Continued Care: Ensure that all medical treatments related to your injury are documented and covered by workers’ compensation. Keep records of all medical visits, treatments, and expenses.

Compensation for Lost Wages

Temporary Disability Benefits: If your injury prevents you from working temporarily, you may be entitled to temporary disability benefits. These benefits compensate for a portion of your lost wages during your recovery.
Permanent Disability Benefits: If your injury results in long-term or permanent disability, you may qualify for permanent disability benefits. The amount and duration of these benefits depend on the extent of your disability.

Third-Party Claims

When to File: If a third party, such as a contractor, equipment manufacturer, or property owner, was responsible for your injury, you might have grounds for a third-party personal injury claim.
Legal Action: Unlike workers’ compensation, a third-party claim requires proving negligence. An attorney can help evaluate whether you have a viable claim and assist with legal action against the responsible party.

Employer Retaliation

Protection Against Retaliation: It is illegal for employers to retaliate against workers who file a workers’ compensation claim. Retaliation can include termination, demotion, or other adverse employment actions.
Reporting Retaliation: If you believe your employer is retaliating against you, document the incidents and consult with an employment lawyer to discuss your options.

Navigating Legal Challenges

Claim Denials: Workers’ compensation claims can be denied for various reasons. If your claim is denied, you have the right to appeal the decision. Work with an attorney to understand the reasons for denial and to guide you through the appeals process.
Dispute Resolution: Disputes over the extent of your injuries, the appropriateness of medical treatment, or the amount of benefits can arise. Your attorney can help resolve these disputes and ensure you receive the benefits you are entitled to.

Consulting with an Attorney

Legal Expertise: An attorney specializing in workers’ compensation and construction accidents can provide valuable guidance. They can help you navigate the complexities of your claim, protect your rights, and pursue additional compensation if necessary.
Evaluating Your Case: An attorney can assess whether you have a strong case for a third-party claim and assist in gathering evidence, negotiating with insurance companies, and representing you in court if needed.

Important Deadlines

Claim Filing Deadlines: Be aware of deadlines for filing workers’ compensation claims and third-party lawsuits. In Florida, you typically have two years from the date of the injury to file a workers’ compensation claim and four years for a third-party personal injury lawsuit.

Conclusion

Understanding your legal rights as an injured construction worker in Orlando is crucial for ensuring you receive the appropriate compensation and support. By pursuing workers’ compensation benefits, exploring third-party claims, and consulting with a workers’ compensation attorney, you can effectively navigate the aftermath of a construction site injury and protect your rights.