You may be able to file a lawsuit for a construction injury in South Florida if someone other than your employer caused the accident. Under Florida law, workers’ compensation is usually the only remedy available against your employer for a workplace injury. This means you generally cannot sue your employer directly.
However, if a third party, such as a subcontractor, property owner, equipment manufacturer, or another negligent party, contributed to your injury, you may have the right to pursue additional compensation through a separate claim. To understand your options, consider scheduling an initial free consultation with Payer Law to learn more about your potential case.
Third-Party Construction Injury Claims in South Florida
A third-party construction accident lawsuit is a personal injury claim filed by an injured construction worker against someone other than their employer, whose negligence caused or contributed to the accident. The purpose of this type of lawsuit is to allow the injured party to recover further compensation to cover their damages.
A construction worker can pursue a third-party construction accident lawsuit in South Florida under Florida law if they meet the following qualifications:
- The injury was caused by someone other than their employer.
- The third party owed a legal duty of care to act reasonably under the circumstances, such as maintaining safe premises, properly supervising work, or manufacturing safe equipment.
- The third party breached that duty by acting negligently or recklessly, or by failing to follow safety regulations.
- The breach directly caused the injury, being a substantial factor in the accident and resulting harm.
- The claim is filed within the applicable two-year statute of limitations, though exceptions may apply.
Which Construction Workers Are Eligible To File a Third-Party Lawsuit?
Several categories of South Florida construction workers may be able to pursue a third-party lawsuit, including the following:
- Subcontractor employees
- Independent contractors
- Temporary or day laborers
- Workers on multi-employer construction sites
- Union tradespeople
- Delivery or supply workers
- Maintenance or repair workers
- Misclassified independent contractors
Who Can Be Held Responsible in a Third-Party Construction Accident Lawsuit?
In a South Florida construction accident lawsuit, multiple third parties could be held legally liable for a worker’s injuries, such as:
- General contractors
- Other subcontractors
- Property owners or developers
- Equipment rental companies
- Material suppliers
- Crane or heavy machinery operators from another company
What Is the Deadline To File a Lawsuit Against a Third Party After a South Florida Construction Site Injury?
Under Florida law, injured construction workers generally have two years from the date of the accident to file a third-party personal injury lawsuit under Florida Statutes § 95.11. Failing to file within this timeline can bar you from securing compensation. However, there may be exceptions in certain cases, and speaking with an experienced attorney as soon as possible can help protect your rights.
Payer Law Represents Injured Workers in Third-Party Construction Accident Lawsuits Across South Florida
Payer Law represents injured construction workers throughout South Florida, including Broward County, Miami-Dade County, and Palm Beach County. Our firm understands the unique challenges that construction accident victims face, from serious physical injuries to mounting medical bills and lost income.
When you choose to partner with Payer Law, attorney James D. Payer and his legal team take a hands-on approach to every case. We carefully investigate the circumstances surrounding the construction accident, review safety records, examine contracts between contractors and subcontractors, and gather critical evidence from the job site.
Schedule Your Free Construction Accident Case Evaluation
If you were injured on a construction site in South Florida, now is the time to understand your legal options. Contact James D. Payer and his team at Payer Law to schedule a free construction accident case review.
During your consultation, our team will listen to your story, evaluate the facts of your accident, and determine whether you may have a viable third-party construction accident lawsuit. We will explain your rights under Florida law, outline potential avenues for compensation, and answer your questions clearly and honestly.
There is no cost to speak with us, and no obligation to move forward. Let us help you protect your rights and pursue the compensation you may be entitled to. Contact Payer Law today to get started. Schedule a Free Construction Accident Lawsuit Case Review
