Robert Matthews was a 25-year-old construction worker in Florida. One day, Matthews was working underneath a building when a train drove by. The train caused the ground to vibrate and the 11,000 pound structure to fall. The structure crushed Matthews, which left him with injuries to his organs, pelvis, and both legs. An artery in his right leg was severed and he remained in the hospital for three months after the incident. His lawyers have stated that he was “nearly cut in half.” A Hillsborough County jury awarded Matthews $64 million in damages. His attorney, acknowledging that the award was one of the largest ever given, said, “He’s going to have a little bit of hell with him for the rest of his life.”
Crushing Accidents
A leading cause of construction site injuries involves workers getting crushed while doing their jobs. Construction workers operate heavy machinery and work around loose, heavy building materials. Florida law requires employers to provide a safe, hazard-free workplace, but the nature of construction work does not always make that possible. By definition, a building under construction has moving parts beneath workers’ feet and above their heads. Heavy steel beams, cranes, and loose debris create a basic formula for injury.
Construction laborers suffer injuries across the country at the highest rate of any other occupation out there. An injury caused from being crushed can be severe and have long-lasting repercussions, such as chronic back pain, broken bones, or severed limbs, just to name a few.
Florida Workers’ Compensation
Workers’ compensation rests on the legal principle that an employee who suffers an injury at work can receive compensation without proving fault. The law treats the employer as responsible because the employer controls workplace safety. In exchange for avoiding the burden of proving fault, the employee gives up the right to sue the employer for negligence.
In construction accidents, however, parties other than the employer may bear liability. Most construction workers work only for the company that directly employs them. A different company that subcontracts with that employer does not count as the worker’s employer for workers’ compensation purposes.
Consider the following example: General Contractor A hires Construction Company B for a project. John Doe is a construction worker employed by Company B and is injured while working on the job for Contractor A. While John Doe is eligible for worker’s compensation under Company B’s plan, he may also be able to hold Contractor A liable for his on-the-job injuries, if Contractor A was negligent and caused them in any way. This was the case for Matthews.
Have You Been Injured on the Job?
When an employee performs work at an employer’s direction to earn a paycheck, unsafe working conditions should not change that employee’s life forever. If a dangerous work environment injured you, contact the skilled personal injury attorneys at Dennis Hernandez Injury Attorneys. Together, we will pursue all the compensation you deserve.
(image courtesy of Leo Fosdal)
