Third-Party Liability for Construction Accidents in Florida

Construction sites are often bustling with multiple companies, contractors, suppliers, and vendors all working side by side. When an accident happens, it isn’t always your direct employer who is to blame. In many cases, a third party’s negligence—such as a subcontractor’s mistake, a defective piece of equipment, or unsafe property conditions —plays a critical role. If you were injured in a construction accident and believe someone in addition to your employer may be responsible, our Miami construction accident lawyers can help you pursue a third-party liability claim for additional compensation.

Workers’ compensation benefits are available to most injured construction workers in Florida, but they are oftentimes limited. You typically cannot sue your employer directly for a workplace injury unless it occurred due to your employer’s gross negligence. However, when a third party’s negligence contributed to your accident, you may have the right to file a separate claim.

Third-party liability refers to holding someone other than your employer legally responsible for your injuries. This kind of claim allows you to seek full damages not available through the workers' compensation system, such as:

• Full lost wages and loss of future earning capacity
• Pain and suffering, past and future
• Medical expenses beyond workers' compensation coverage
• Permanent disability or disfigurement compensation

Our Miami construction accident lawyers can help identify whether third-party negligence played a role and guide you through the process of pursuing a claim on account of your injuries.

Construction zones are dynamic and constantly changing environments. That complexity often leads to overlapping responsibilities—and sometimes, carelessness by outside parties.

Some common examples of third-party liability in construction accidents include:

• A subcontractor failing to install proper fall protection, leading to a fall
• A property owner allowing dangerous conditions on the site that cause injuries
• A crane rental company providing faulty or poorly maintained equipment
• A delivery truck driver causing a collision on or near the worksite
• A scaffolding manufacturer producing defective materials that collapse under normal use

Every construction site accident requires a thorough investigation to determine all possible contributing factors. Third-party claims can significantly increase the compensation available to injured workers and visitors to construction sites.

Workers’ compensation is a no-fault system, meaning you do not have to prove negligence to receive benefits. However, the tradeoff is that the workers’ compensation system limits what you can recover. In a third-party personal injury claim, you must show that the outside party was negligent and that their negligence caused your injury. Although this requires more evidence, it opens the door to a much broader range of damages.

Third-party claims often require proving:

• The third party owed a duty of care to keep the site reasonably safe
• They breached that duty through action or inaction
• The breach directly caused your injury
• You suffered actual damages as a result

Our Miami construction accident lawyers can help build a strong case by gathering evidence, securing expert testimony, and handling negotiations with insurance companies or opposing attorneys.

Florida law limits the amount of time you have to file a personal injury lawsuit. If you miss the deadline—known as the statute of limitations—you may lose your right to recover damages altogether. Additionally, evidence at construction sites can disappear quickly. Witnesses may move on to other jobs, physical evidence may be altered or destroyed, and records may become harder to obtain.

Getting legal help immediately after an accident gives you the best chance to preserve critical evidence and build the strongest case possible. Our Miami construction accident lawyers can act quickly to protect your rights and make sure all necessary filings on your behalf are completed and submitted on time.

If you were injured on a Florida construction site and suspect a third party contributed to the accident, you owe it to yourself to have our team explore every possible legal option. Friedman Rodman Frank & Estrada, P.A. has been standing up for injured construction workers and site visitors across South Florida since 1976. Our team understands the complexity of third-party claims and will work tirelessly to pursue the full compensation you deserve. Contact the firm today to schedule your free consultation by calling (877) 448-8585 or through our secure online contact form. We do not collect attorneys’ fees unless and until a financial recovery is secured for you.