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Adriana P. Santiesteban, P.A.
Phone: (786) 360-2122
Cell: (305) 202-4171
Fax: (305) 735-7663
Email: Adriana@Attorneyaps.com
Adriana P. Santiesteban, Esq.
An Experienced & Top Rated Personal Injury Attorney in Miami
A True Local Miami Lawyer, Advocating for Your Rights with Over 15 Years of Dedication and Expertise
Board Member and Past President of COLBAR
Member of The Florida Bar since 2008
Adjunct Professor at St. Thomas University
Construction Site Accidents Attorney in Miami
Construction is one of Florida’s largest industries, particularly in booming areas like Miami-Dade, Orlando, and Tampa. While this sector plays a vital role in economic development, it’s also one of the most dangerous. Construction sites expose workers, contractors, and even bystanders to numerous hazards, including heavy machinery, elevated surfaces, power tools, falling objects, and electrical systems. According to the U.S. Bureau of Labor Statistics (BLS), construction-related injuries and fatalities consistently rank among the highest in Florida’s workforce.
Whether you are a construction worker injured while on the job or a pedestrian harmed while walking near an active site, you may be entitled to financial compensation. Florida’s laws provide clear rights and remedies under both the workers’ compensation system and personal injury law. But not all construction injuries are treated equally—and not all responsible parties fall under workers’ comp immunity. Our skilled personal injury attorneys in Miami can help you understand your rights, preserve vital evidence, and pursue every dollar you deserve.
Injured in a construction site? Our top rated attorneys for personal injury in Miami are here to help. Contact our legal team for a free case evaluation today.
Don’t let medical bills and lost wages pile up. Our attorneys for personal injury in Miami can provide guidance on your next steps and advocate for the compensation you deserve.
Construction site accidents can happen in an instant. Right representation by our attorneys for personal injury in Miami ensure you get the maximum compensation.
Common Construction Accidents in Florida
According to OSHA and Florida Department of Financial Services, the following are the most frequent and severe types of accidents on construction sites:
1. Falls from Heights
Falls are the number one cause of construction fatalities. Workers often fall from ladders, scaffolding, roofs, and elevators. The failure to provide fall protection is a frequent OSHA violation in Florida.
2. Struck-by Accidents
Being hit by objects—such as falling tools, debris, or moving vehicles—is a leading cause of injury. These incidents are common in high-rise projects in downtown Miami and similar urban zones.
3. Electrocutions
Improperly grounded equipment, contact with power lines, and failure to de-energize circuits account for dozens of electrocution injuries each year. Electrical subcontractors and developers may share liability.
4. Caught-In/Between Incidents
These accidents involve workers getting trapped between two pieces of equipment, in trenches, or under collapsing materials. They often result in catastrophic crush injuries or death.
5. Equipment Malfunctions
Faulty cranes, forklifts, lifts, and nail guns have caused serious injuries on Florida sites. These may result from improper maintenance, inadequate operator training, or manufacturing defects.
Causes of Construction Accidents
While construction is inherently dangerous, many accidents stem from preventable negligence:
- Failure to train employees on OSHA-compliant procedures
- Missing or malfunctioning personal protective equipment (PPE)
- Poor site supervision and inspection
- Ignoring Florida Building Code requirements
- Improper site design or lack of pedestrian barriers
- Communication breakdowns between contractors and subcontractors
In many injury cases, responsibility in construction site accidents may lie with a third party, not the direct employer. That distinction can be crucial when pursuing compensation beyond workers’ compensation limits.
Florida’s Workers’ Compensation vs. Personal Injury Lawsuits
Florida law requires employers with one or more employees (in construction) to carry workers’ compensation coverage. Workers’ comp provides:
- Medical treatment
- Temporary or permanent disability benefits
- A portion of lost wages
However, workers’ compensation does not cover pain and suffering, full wage replacement, or punitive damages. Furthermore, injured pedestrians, delivery drivers, or subcontractors not directly employed by the general contractor are not barred from filing personal injury lawsuits.
Examples of Personal Injury Lawsuits:
- A subcontractor is injured due to debris left by another contractor.
- A delivery driver falls on an unmarked trench at a commercial site.
- A pedestrian is struck by falling scaffolding or tools from a building project.
These parties given in these examples can sue for full damages, including pain and suffering, loss of consortium, mental anguish, and more. I you are injured in a construction site accident, hiring our top rated attorneys for personal injury in Miami can increase your chances to receive the compensation you deserve. Call for a free case evaluation today: (786) 360-2122
Understanding Legal Rights After a Florida Construction Site Injury
When a construction site accident occurs in Florida, determining liability and the appropriate legal course of action can be complex. Several parties may be potentially responsible, and different legal principles may apply depending on your relationship to the construction project.
- Workers’ Compensation: If you are a construction worker injured on the job, you are likely eligible for workers’ compensation benefits under Florida law. Workers’ compensation provides medical benefits and lost wage replacement, regardless of fault. However, it typically bars you from suing your employer directly for negligence.
- Third-Party Liability: Even if you are receiving workers’ compensation benefits, you may still be able to pursue a claim against third parties whose negligence contributed to your injuries. These third parties could include:
- Subcontractors: If a subcontractor’s negligence caused your injury, you may have a claim against them.
- Property Owners: If the property owner failed to maintain a safe construction site or was otherwise negligent, they could be held liable.
- General Contractors: If the general contractor failed to implement proper safety procedures or supervise the work effectively, they could be responsible.
- Equipment Manufacturers: If defective equipment caused your injury, you may have a product liability claim against the manufacturer.
- Engineers or Architects: If design flaws or negligent oversight by engineers or architects contributed to the accident, they could be held liable.
- Premises Liability: If you were injured while lawfully present near a construction site (e.g., as a pedestrian), you may have a premises liability claim against the property owner or the party in control of the construction site if they failed to maintain a reasonably safe environment and warn of known dangers.
- Negligence: In general, if your injuries were caused by the careless or negligent actions of another party on the construction site, you may have a negligence claim against them. This requires proving the four elements of negligence: duty of care, breach of duty, causation, and damages.
Florida’s modified comparative negligence law (Florida Statute § 768.81) applies to construction site accident cases. This means that if you are found to be partially at fault for your injuries, your recoverable damages will be reduced in proportion to your percentage of fault, as long as your fault is not greater than 50%. If you are found to be 51% or more at fault, you are barred from recovering damages in most negligence actions.
Navigating these legal complexities requires the skill and experience of our knowledgeable Miami personal injury attorneys specializing in construction site injuries.
How a Miami Construction Injury Lawyer Can Help You
If you or a loved one has been injured in a construction site accident in South Florida, seeking legal representation from our top-rated personal injury attorneys with specific experience in these types of cases is crucial. Here’s how we can help:
- Thorough Investigation: We will conduct a comprehensive investigation into the circumstances of your accident to determine all potential liable parties and gather crucial evidence to support your claim.
- Understanding Complex Regulations: Construction sites are governed by numerous federal and state safety regulations (e.g., OSHA). We have a deep understanding of these regulations and how they apply to your case.
- Navigating Workers’ Compensation: If you are a worker, we can help you navigate the workers’ compensation system and explore potential third-party claims.
- Identifying Liable Parties: We will identify all parties whose negligence may have contributed to your injuries, ensuring all avenues for compensation are explored.
- Dealing with Insurance Companies: We will handle all communications and negotiations with insurance companies, protecting you from tactics aimed at minimizing your settlement.
- Calculating Your Damages: We will meticulously calculate the full extent of your damages, including medical expenses (past and future), lost wages, lost earning capacity, pain and suffering, and other losses.
- Aggressive Negotiation: We will aggressively negotiate with the responsible parties and their insurance companies to reach a fair and just settlement.
- Litigation When Necessary: If a fair settlement cannot be reached through negotiation, we are prepared to file a lawsuit and vigorously represent your interests in court.
Protecting Your Future After a Construction Site Accident
Construction site accidents can lead to severe and life-altering injuries, impacting your ability to work, your finances, and your overall quality of life. If you have been injured in such an accident in Miami or anywhere in South Florida, don’t face the legal complexities alone.
Contact our top-rated personal injury law firm in Miami today for a free and confidential consultation. We have the experience, resources, and dedication to thoroughly investigate your case, protect your rights, and fight tirelessly to secure the full and fair compensation you deserve. Your well-being is our priority, and we are committed to helping you navigate the dangers and rebuild your life after a construction site accident. Call us today: (786) 360-2122
DISCLAIMER: The information on this website is intended for informational purposes only and is not and should not be used as legal advice. You should consult an attorney for advice regarding your individual situation. Using this website does not create an attorney-client relationship between the user and Adriana P. Santiesteban, P.A. Before an attorney client relationship is formed, we must make sure there are no conflicts of interest and come to an agreement to represent you. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Contact our office for additional information on Adriana P. Santiesteban, Esq.’s, qualifications and experience.
