The construction industry relies mainly on independent contractors instead of W-2 employees. In this case, what happens if you get hurt at work? Can you benefit from workers comp for construction accidents? Here is what an experienced Sunrise workers comp lawyer needs you to know:
Florida Workers Comp Law Specifically Includes Construction Workers
By default, independent contractors are excluded from workers comp coverage. However, Florida legislators took into account the fact that most people working in the construction industry are independent contractors.
For this reason, construction workers are specifically designated as employees for workers compensation purposes. This means that you have the right to file a claim for benefits and your employer cannot use your employment status as a reason to deny it.
What Are the Most Common Types of Construction Accidents?
The construction field is one of the riskiest. Workers need to climb at heights, work with heavy machinery and lift heavy loads to the upper levels of the building under construction.
The most common workplace accidents on construction sites involve:
- Falling from a height
- Getting crushed under an unsecured load
- Getting crushed by collapsing scaffolding or heavy machinery
- Electrocution
One of the factors that can minimize the impact of these accidents is wearing adequate personal protective equipment (PPE). If your employer does not provide you with PPE, this represents a serious OSHA violation, which you can and should report.
Helpful Tips for Filing for Workers Comp for Construction Accidents
An experienced Sunrise workers comp lawyer knows that you have not only rights, but also obligations if you want to receive workers comp benefits. These are the steps you must follow after your accident:
1. Report Your Accident to Your Employer
According to the law, you have 30 days to notify your employer of your workplace accident. However, you must inform a supervisor verbally immediately after the incident. Any delay will be interpreted as an attempt to pass off an injury you suffered while off duty as a work-related injury.
2. Take the Drug Test Administered by the Employer
Employers have the right to administer an alcohol and drug test after a workplace accident. The reason for this is that workers compensation is not available if you were under the influence when you suffered the accident.
If you refuse to take the test, your workers comp claim will most likely be denied. However, an experienced attorney may find ways to win your benefits if you test positive for a controlled substance, such as:
- Questioning the accuracy of the test
- Showing that you have a valid prescription for the respective substance
- Checking if the test was administered within the relevant timeframe (8 hours after the consumption of alcohol or controlled substances)
3. Get Medical Attention as Soon as Possible
Do not wait until the end of your shift to go to the nearest hospital for treatment, even if you do not believe you suffered severe injuries. First of all, some internal injuries are not immediately visible and do not show symptoms, but they are very severe.
Secondly, the workers comp insurance adjuster will claim that you were not seriously injured if you did not go to the hospital as soon as possible.
4. Attend the Independent Medical Examination
After your employer reports your accident to their insurance company, the insurer will send you to an independent medical examination. This examination will be conducted by one of the doctors they approve.
The examination is a mandatory step in the workers comp claim process. You must attend it and cooperate with the workers comp doctor. If you believe that they are trying to downplay your injuries, your lawyer can request a second opinion.
Schedule a Free Case Review with an Experienced Sunrise Workers Comp Lawyer!
Workers comp for construction accidents is available, but only if you follow all the rules explained here. In order to avoid common mistakes that may hurt your claim, reach out to an experienced Sunrise workers comp lawyer as soon as possible after your accident.
As a new client, you benefit from a free case review, so call us today at 954-324-COMP!
