Who is responsible for damages after an accident?
A Boca man was injured when he fell off a ladder at a job site in Boca Raton, Florida. Policy and procedures are established at the company level to handle the aftermath of personal injuries that occur on the job and cover employees and temporary workers based on that language. Construction workers know that risks of physical injury increase based on the construction site. A case like this may involve worker’s compensation, and premises liability claims but it is best to speak with an experienced lawyer to review the options involved in seeking damages for the injury. The determination of the worker’s relationship with the company and the property owner will need to be established. Florida law requires that even self-employed workers in the construction industry carry workers’ compensation insurance. If the worker does not have workers’ compensation coverage, then the company who sub-contracted out may be liable for damages.
Workers’ compensation versus premises liability.
Depending on the circumstances of the worker’s presence at the job site, workers’ compensation insurance may cover partial damages. If the construction site was dangerous due to any fault of the property owner, there may also be a case for premises liability claims. This type of claim will bring up the argument that the injured party was partially at fault for the accident. In the State of Florida, property owners have a duty to make sure that their properties are safe for visitors. The body of law that deals with these types of suits is known as premises liability law. Under premises liability law, property owners owe the highest level of care to business invitees when they enter their home for a business reason such as construction work.
In premises liability lawsuits, the injured party will try to prove that the injuries sustained were caused due to the property owner’s negligence, or the inability to maintain a safe environment for the construction worker invitee. For a successful case, the injured person must prove that:
- A property owner knew of or created a dangerous condition,
- A property owner failed to remove or give warning to the dangerous condition,
- They were injured due to the dangerous condition.
Under Florida Statute 768.81, addressing comparative fault based on the negligence of the homeowner for failure to keep the property safe, the injured party can sue for damages. The courts award both punitive damages and/or compensatory damages. Compensatory damages are those that will compensate a victim for a loss that can be measured or calculated; and punitive damages are those that will be a punishment to negligent party.
Damages are classified as economic or non-economic.
Economic damages include: 1) medical expenses, lost income, property replacement values, loss of services, and funeral expenses related to loss of life due to the dangerous condition.
Non-economic damages include loss that is not financial in nature such as: 1) anxiety, 2) pain and suffering; 3) loss of capacity to enjoy life; and 4) inconvenience caused by the accident.
Hire an attorney.
If you have been injured due to someone else’s negligence at a construction site in Boca Raton, call an attorney who knows Florida law and how to navigate your case for possible damages related to the injury by contacting the Law Offices of Jeffrey A. Rosenberg.
Law Offices of Jeffrey A. Rosenberg
5255 North Federal Highway 3rd Floor
Boca Raton, FL 33487
Phone: (561) 508-8800