Florida is currently undergoing a massive building boom, with cranes dominating the skylines of every major city. Unfortunately, construction sites are inherently dangerous, and high-velocity impacts from falling objects, scaffolding collapses, and heavy machinery accidents often result in permanent disability or death. If you are a construction worker injured on the job, your employer will immediately point you toward Workers’ Compensation. However, settling for Workers’ Comp alone is often a massive financial mistake. To secure a maximum settlement, you must understand the power of the “Third-Party Claim.”
The Limits of Workers’ Compensation
Under Florida law, Workers’ Compensation is a “no-fault” system. You do not have to prove your employer was negligent to receive benefits. The trade-off is the “Exclusive Remedy” rule: you cannot sue your direct employer for pain, suffering, or mental anguish.
Workers’ Comp will only cover your medical bills and a strict percentage of your lost wages (up to a state-mandated maximum). If a falling cinderblock shatters your spine, Workers’ Comp will pay for your wheelchair, but it will not pay you a single dollar for the fact that you can no longer walk. For catastrophic injuries, the Workers’ Comp system is financially inadequate.
Unlocking the Third-Party Lawsuit
The key to securing full compensation on a Florida construction site is identifying a negligent “Third Party.” Modern construction sites are highly complex, often involving dozens of different companies working simultaneously.
If your injury was caused by the negligence of someone other than your direct employer or a direct co-worker, the Exclusive Remedy rule does not apply. You can file a massive personal injury lawsuit against that entity for full economic and non-economic damages. Examples include:
- The Scaffolding Contractor: If a separate company erected the scaffolding that collapsed beneath you.
- The Crane Operator: If the crane dropping materials on you is owned and operated by a different subcontractor.
- The Equipment Manufacturer: If your harness or power tool failed due to a manufacturing defect, you can file a product liability lawsuit against the manufacturer.
- The General Contractor: In some instances, if the general contractor failed to implement basic OSHA safety standards site-wide, they can be held liable.
Coordinating Two Claims Simultaneously
In these scenarios, you do not have to choose one over the other. You can collect Workers’ Compensation benefits immediately to keep a roof over your head, while simultaneously pursuing a high-value third-party lawsuit. However, be aware of the “Workers’ Comp Lien”—the Workers’ Comp carrier will expect to be reimbursed from your eventual third-party settlement. Aggressive legal calculation is required to ensure you net the funds you need to survive.