Construction Accident Attorney in Winter Park, Florida
Construction is the backbone of Winter Park’s growth—from the I-4 corridor to new resorts and major projects across Orange County. But it’s also one of Florida’s most hazardous, high-risk industries, where one mistake, shortcut, or non-compliant safety protocol can cause catastrophic injuries.
Here’s the problem: Workers’ Compensation is a no-fault system, but it often only pays your medical care and about 66 2/3% of your wages—and nothing for pain and suffering.
Here’s the solution: when someone other than your direct employer caused—or contributed to—your injury, we build a third-party liability case to pursue full compensation.
Beyond Workers’ Comp: Third-Party Liability Claims
This is where many injured construction workers leave real money on the table. A workers’ comp claim may keep your lights on—but it often doesn’t come close to covering the full cost of a serious injury.
Why Workers’ Comp Isn’t Enough
Workers’ compensation benefits typically focus on:
- Medical expenses / medical care
- Partial wage replacement (commonly 66 2/3% of your average weekly wage, subject to caps and rules)
But workers’ comp generally does not pay for:
- Pain and suffering
- Loss of enjoyment of life
- Full lost earning potential
- Many long-term human costs that follow TBIs, amputations, crush injuries, and paralysis
If a negligent party outside your employer chain caused the accident, a personal injury lawsuit can pursue those additional damages.
Who Can You Sue? (The Third-Party Rule)
In most cases, you cannot sue your direct employer because of workers’ comp immunity. But you may be able to sue third parties, such as:
- Other subcontractors (multi-employer job sites): e.g., a trade drops a falling object from height, or creates an unsafe condition another crew walks into
- Equipment manufacturers (product liability / defective equipment): e.g., a crane, nail gun, ladder, harness, or fall protection system that malfunctions
- Property owners / developers: when site conditions, access, or safety oversight is neglected
- Architects / engineers: when design errors contribute to structural failure or collapse
- Drivers / delivery companies: if you’re struck by a truck or heavy machinery on site
That third-party claim can be pursued by your construction accident lawyer alongside your workers’ comp claim—often the key to recovering the maximum amount you’re entitled to under Florida law.
Navigating Florida’s “Vertical Immunity” Laws
Construction accident cases in Florida are complex because multiple companies may be stacked on top of each other—owner, developer, general contractor, subcontractors, staffing companies—and the defense will often try to use workers’ comp immunity as a shield.
The General Contractor Defense
In Florida, general contractors may argue they are a “statutory employer” and therefore immune from suit under certain circumstances tied to workers’ compensation coverage and contractual relationships. (This is one reason you want a construction-specific injury lawyer—not a general Winter Park personal injury attorney.)
How We Challenge Immunity
We don’t guess—we investigate. That means digging into:
- Contracts, scopes of work, and who controlled safety on site (GC, superintendent, foreman)
- Who was responsible to train, supervise, inspect, and enforce safety protocols
- Coverage details and whether required insurance was actually secured
- Whether facts support legal exceptions (including scenarios involving gross negligence or intentional conduct, depending on the party and role)
Florida’s workers’ comp immunity framework—and its exceptions—turn on specific legal and factual details. We build the case the way it has to be built: with documents, witnesses, and proof.
Common Construction Site Accidents in Winter Park
Winter Park construction sites are fast-moving and multi-employer. The most common serious cases we see involve OSHA rule failures, rushed schedules, and corners cut to protect profit.
The OSHA “Fatal Four”
OSHA identifies four leading causes of construction fatalities—often connected to preventable, enforceable safety measures:
- Falls: from scaffolding, roofs, leading edges, unguarded upper levels
OSHA’s construction fall protection rules (29 CFR 1926 Subpart M) include the “duty to have fall protection” in many situations at 6 feet or more. - Struck-by objects: tools, debris, dropped materials, swinging crane loads
- Electrocutions: overhead lines, temporary wiring, exposed power sources
- Caught-in/between: trench cave-ins, rotating machinery, crush points, heavy equipment
Heavy Machinery & Crane Accidents
Crane collapses, forklift rollovers, backhoe incidents, and heavy machinery strikes can cause severe crush injuries, amputations, and TBIs—especially when equipment is defective, operators are not properly trained, or the jobsite is unstable.
Trench Collapse & Excavation
Excavation and trench work can become fatal in seconds. If a contractor failed to use proper shoring, sloping, shielding, and inspections, that’s a major liability issue—and often a clear safety breakdown.
Investigating Your Construction Accident
Construction sites change daily. Debris gets cleared. Equipment gets moved. Witnesses rotate to new jobs. We move fast to:
- Photograph the scene before work resumes
- Identify and interview witnesses quickly
- Secure and preserve the defective tool, harness, ladder, or machinery
- Request incident documentation, protocols, inspections, training logs, and relevant blueprints
OSHA Investigation Reports
OSHA citations and investigative records can be powerful evidence—especially when they show a company failed to comply with federal construction safety standards (including training and fall protection requirements).
Compensation for Catastrophic Job Site Injuries
When a construction injury is severe, the “real” damages aren’t just today’s medical bills—they’re years of treatment, lost earning capacity, and permanent disability.
Traumatic Brain Injuries (TBI)
Falls and falling debris can cause TBIs even with a hard hat—leading to long-term cognitive, emotional, and occupational impacts.
Amputations and Crush Injuries
Forklifts, cranes, press points, and machinery malfunctions can cause permanent hand injuries, loss of fingers, or limb amputations—changing your ability to work in the construction sector.
Spinal Cord Paralysis
These cases often involve lifetime care planning: home modifications, mobility equipment, therapy, and sometimes 24/7 assistance.
Contact Our Winter Park Construction Accident Attorneys Today
Kennon Law attorneys can see why your claim was denied and help you file an appeal. If the insurance company is acting in bad faith and denying a legitimate, well-documented claim, we may also be able to file a bad-faith insurance lawsuit on your behalf. Contact us today for more information.
Frequently Asked Questions
Most fire damage insurance will cover the cost to repair or rebuild your home as well as the cost to repair or replace personal belongings. It also typically pays for stays in hotels or motels, meals, and additional living expenses incurred while your home is uninhabitable.
Insurance companies often deny fire damage insurance claims for insufficient documentation. If the insurer believes your negligence or intentional actions caused the fire, they also may decline to pay the claim. If your claim is denied, a Fire Damage Attorney in Winter Park may be able to help you file an appeal.
If you want to maximize your fire damage claim, you should communicate proactively with your insurer, thoroughly document losses, and get independent repair estimates before agreeing to a proposed insurance settlement.
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Have questions or need legal assistance? Contact Kennon Law today for expert guidance on personal injury and insurance claims.
