Construction Accident Lawyer Boca Raton, FL

A fall from scaffolding, a crane load that swings loose, or a trench that collapses can change a construction worker’s life in an instant. Workers’ compensation pays some of the costs, but it rarely covers the full loss. A construction accident lawyer in Boca Raton, FL can look beyond the workers’ compensation claim to find other companies whose carelessness caused the injury. Jacobson Injury Firm represents injured construction workers and bystanders throughout Boca Raton and southern Palm Beach County. Contact the firm for a free consultation.

How Construction Accident Claims Work in Florida

Most construction workers injured on the job are covered by workers’ compensation. This is a no-fault system: an injured employee can receive medical care and partial wage benefits without proving that anyone did something wrong.

The trade-off is that workers’ compensation is usually the only remedy against the employer. Under Florida Statute 440.11, an employer’s workers’ compensation liability is “exclusive and in place of all other liability.” In plain terms, an injured worker generally cannot sue their own employer for pain and suffering.

Exceptions to Workers’ Compensation Exclusivity

Section 440.11 allows a lawsuit against the employer in limited situations:

• The employer failed to carry workers’ compensation. The injured worker may then choose between benefits and a lawsuit, and the employer loses key defenses.
• The employer committed an intentional tort. The worker must prove, by clear and convincing evidence, that the employer deliberately intended to cause injury, or knew its conduct was virtually certain to cause injury or death and deliberately concealed or misrepresented the danger.
• A coworker acted with gross negligence or willful disregard for safety, or was assigned primarily to unrelated work. In those cases, the coworker may lose the immunity the employer shares.

General Contractors and Subcontractors

Construction sites often involve a general contractor and many subcontractors. Under Florida Statute 440.10, a general contractor is responsible for workers’ compensation for its subcontractors’ employees when a subcontractor fails to provide it. Because of this, the general contractor usually shares the employer’s protection from lawsuits.

A subcontractor working on the same project is also generally protected from suits by other subcontractors’ employees. That protection is lost if the subcontractor failed to secure workers’ compensation, or if its own gross negligence was the major contributing cause of the injury.

Construction Accidents in Boca Raton

New development remains a major topic in Boca Raton, and new projects bring work crews and heavy equipment. Bisnow reported that the city entered 2026 with a pipeline of nearly 50 development projects under review.

Work sites in Palm Beach County fall under the OSHA Fort Lauderdale Area Office. OSHA inspection records and citations can be useful evidence in a construction injury claim.

Nationally, construction remains one of the most dangerous industries. The Bureau of Labor Statistics reported that construction had the most workplace deaths of any private industry in 2024, with 1,034 fatalities.

OSHA’s “Fatal Four” and Other Common Construction Accidents

OSHA identifies four leading hazards in construction, which it calls the Focus Four and which are widely known as the “Fatal Four”:

• Falls from roofs, ladders, scaffolds, and unprotected floor openings
• Struck-by accidents involving falling tools, swinging loads, and moving vehicles
• Caught-in or -between accidents, such as trench collapses and being crushed by equipment
• Electrocution from power lines, exposed wiring, and faulty tools

Falls are the biggest danger. According to OSHA’s fall prevention campaign, there were 389 fatal falls to a lower level out of 1,034 construction fatalities in 2024.

Jacobson Injury Firm also handles claims involving defective scaffolds and lifts, crane and forklift accidents, work zone crashes, and injuries to pedestrians struck by falling debris. Common injuries include back injuries, broken bones, and brain injuries.

Third-Party Claims: Who Else Can Be Responsible?

Workers’ compensation protects the employer, but it does not protect everyone on a job site. Under Florida Statute 440.39, an injured worker can accept workers’ compensation benefits and also bring a claim against a negligent third party. Possible third parties include:

• Other subcontractors whose gross negligence was the major contributing cause of the injury, or who failed to secure workers’ compensation
• Property owners or developers who controlled the site or knew of hidden dangers
• Equipment manufacturers that made defective scaffolds, ladders, lifts, saws, or safety gear
• Engineering or design firms whose errors created an unsafe structure
• Drivers who crashed into a work zone or a worker on foot

A third-party claim can recover damages that workers’ compensation never pays, including pain and suffering. The workers’ compensation carrier usually has a lien on the recovery, which means part of a settlement may go toward repaying benefits. The firm’s guide to liability in Florida injury cases explains how fault is assigned.

What Compensation Can an Injured Construction Worker Recover?

Workers’ compensation covers medical care and part of lost wages. A successful third-party claim may also recover:

• Full lost wages and reduced earning capacity
• Future medical care and rehabilitation
• Pain and suffering
• Mental anguish and loss of enjoyment of life
• Disfigurement and permanent disability

A construction accident lawyer in Boca Raton, FL can coordinate both claims so that the worker receives benefits now while the third-party case moves forward.

What Should You Do After a Construction Accident?

If possible, an injured worker should:

• Report the injury to the employer. Under Florida Statute 440.185, an employee must notify the employer within 30 days after the injury, or the first sign of it.
• Get medical care right away and tell the provider the injury happened at work.
• Photograph the scene. Capture the equipment, guardrails, ladders, and conditions before anything is repaired or removed.
• Collect names. Write down the names of witnesses, the general contractor, and every subcontractor on site.
• Be careful with statements. Avoid signing anything or giving recorded statements to insurers before speaking with an attorney.

The firm’s guide on when to hire an attorney explains why early help matters in cases with several responsible parties.

How Long Do You Have to File a Construction Accident Claim in Florida?

Several deadlines can apply. Under Florida Statute 440.19, a petition for workers’ compensation benefits generally must be filed within two years after the worker knew or should have known the injury was work-related.

Under Florida Statute 95.11, a third-party negligence claim generally must be filed within two years, and a wrongful death claim also has a two-year deadline. A claim based on a defective product generally has four years. The firm’s overview of the Florida statute of limitations covers related deadlines.

No Fee Unless We Win

Jacobson Injury Firm handles construction accident cases on a contingency fee basis. There is no upfront cost, and no attorney fee is owed unless the firm recovers compensation.

Clients work directly with attorney Adam Jacobson, who is licensed in Florida, New York, Connecticut, and Illinois. He prepares each case as if it may go to trial.

Frequently Asked Questions

Can I sue my employer after a construction accident?

Usually not. Workers’ compensation is generally the only remedy against an employer, unless the employer had no coverage or committed an intentional tort as Florida law defines it.

Can I receive workers’ compensation and file a lawsuit at the same time?

Yes. Florida law allows an injured worker to accept benefits and also pursue a claim against a negligent third party, such as an equipment manufacturer or property owner.

What if I was not a worker but was hurt by a construction site?

Pedestrians, drivers, and neighbors injured by falling debris or unsafe work zones are not limited by workers’ compensation. They may bring a negligence claim against the responsible contractor or property owner.

What if my employer says I am an independent contractor?

The label an employer uses does not always decide the issue. Whether a worker is an employee or contractor can affect which claims are available, so it is worth having a lawyer review the arrangement.

How much does a construction accident lawyer cost?

Jacobson Injury Firm works on a contingency fee basis. Clients pay nothing upfront, and there is no attorney fee unless money is recovered.

Contact a Construction Accident Lawyer in Boca Raton, FL

A serious job site injury can keep a worker off the job for months or permanently. A construction accident lawyer in Boca Raton, FL can identify every party responsible and pursue compensation beyond workers’ compensation. Call (561) 567-7163 or contact Jacobson Injury Firm today to schedule a free consultation.