Tampa Construction Accident Lawyer

Construction ranks among the most dangerous industries in America. In 2024 alone, 1,069 construction workers died on the job nationwide, and Florida's construction sector recorded 88 fatal work injuries -- the highest of any industry in the state. Falls, electrocutions, equipment failures, and trench collapses happen on Tampa construction sites every week.

If you or a family member suffered injuries on a construction site, the personal injury attorneys at Fiol & Morros Law Group are here to help you recover the full compensation you deserve.

Since 2002, Fiol & Morros Law Group has represented injured workers across Tampa Bay in complex construction accident cases. Our founding partner Alejandro Fiol brings over 35 years of personal injury experience, including years as a managing partner at Morgan & Morgan where he helped establish their Tampa office. Our bilingual team handles every case on a contingency fee basis -- you pay nothing unless we recover compensation for you.

• 35+ years of personal injury trial experience
• AV Preeminent Peer Review Rated by Martindale-Hubbell
• Bilingual staff -- se habla espanol throughout your entire case
• No upfront costs -- we only get paid when you get paid
• Free case evaluation -- call (813) 223-6773 or visit our contact page

A construction accident lawyer in Tampa will be on your side during the claims process. Your lawyer will not work for anyone but you -- not an insurance company, the courts or a major corporation. When you retain an attorney, you sign a contract that guarantees the lawyer will work according to what is in your best interest. This can lend multiple benefits to you as a client, including peace of mind while your lawyer fights for compensation on your behalf.

• Connections to great doctors near you
• Thorough construction accident investigation
• Identification of all possible defendants
• Claim filing and other paperwork on your behalf
• Meeting important deadlines
• Professional settlement negotiations
• Better odds of securing fair compensation
• The ability to take your case to court, if necessary

If you encounter any questions, problems or concerns during your construction accident claim, your lawyer can answer them. You will have 24/7 access to an attorney that truly cares about your needs, legal rights and the future of your family. Having an attorney in your corner can give you confidence and hope during a difficult time. If you have suffered serious injuries in a construction zone as a worker or pedestrian, hiring an attorney could be the right course of action for you.

Workers' Compensation vs. Third-Party Claims

Florida law requires all employers to carry workers' compensation insurance (F.S. Chapter 440). Workers' comp provides medical coverage and partial wage replacement (typically two-thirds of your average weekly wage) without requiring you to prove fault. However, accepting workers' comp generally prevents you from suing your employer directly.

The critical exception is third-party claims. Under F.S. §440.39, you may accept workers' comp benefits AND pursue a separate negligence lawsuit against any third party whose actions contributed to your injury. This is where a Tampa construction injury attorney can significantly increase your total recovery.

A construction site has many moving parts. Working behind the scenes may be a construction company, site manager, multiple supervisors, electricians, trade workers and many other parties. Any of these entities could be responsible for your injury after a major construction site accident. A few parties are most commonly responsible for construction injuries in Tampa.

The construction company. The construction company could be liable if it or one of its workers caused the injuries. Like all employers, construction companies are vicariously liable for the actions of their employees. The only exception would be if an independently contracted person at the site caused the accident, in which case the individual may be liable.

An individual. If a subcontractor, independent contractor, violent criminal, third-party driver or another individual caused your injuries, you may be able to hold that person independently liable for your damages. Holding a company responsible, however, could increase your chances of a fair payout.

Product manufacturer. Defective and dangerous products often cause accidents in the construction industry. A defective crane, for example, could buckle and collapse, causing catastrophic injuries. Manufacturers or distributors may be responsible for injuries or deaths involving their defective products.

Assigning responsibility for your construction accident injury may take help from an attorney. You may need a law firm's connections to professional investigators near you. Professional investigators can revisit the scene of your construction accident, search for potential evidence and start to build a case against one or more defendants.

When an employer violates OSHA safety standards, those violations can serve as powerful evidence in your Tampa construction accident lawsuit. OSHA's most-cited construction violations include fall protection (29 CFR 1926.501), scaffolding requirements (29 CFR 1926.451), ladder safety (29 CFR 1926.1053), and trenching/excavation standards (29 CFR 1926.652).

In 2025, OSHA penalties reach up to $16,131 per serious violation and $161,323 per willful violation. Florida has four OSHA compliance offices, including one in Tampa, and the state recorded more OSHA inspections than most other states.

Florida's Two-Year Filing Deadline

Under Florida's revised statute of limitations (HB 837, effective March 2023), you now have just two years from the date of your construction accident to file a personal injury or wrongful death lawsuit. This deadline was reduced from four years, making it critical to contact a Tampa construction injury lawyer as soon as possible after your injury.

Modified Comparative Negligence

Florida follows a modified comparative negligence standard under §768.81. If you are found more than 50% at fault for your construction accident, you are barred from recovering any damages. If your fault is 50% or less, your compensation is reduced by your percentage of responsibility. Insurance companies routinely try to shift blame onto injured workers, which is why having an experienced construction accident attorney matters.

Falls from Heights

Falls are the leading cause of construction fatalities, responsible for 33.5% of all construction worker deaths according to OSHA's Fatal Four data. Tampa construction workers fall from scaffolding, ladders, rooftops, and unprotected edges daily. Our Tampa slip and fall lawyers handle fall cases involving inadequate fall protection, missing guardrails, defective scaffolding, and wet or unstable walking surfaces.

Struck-By Accidents

Struck-by incidents account for 11.4% of construction fatalities. Workers are hit by falling tools dropped from elevation, swinging crane loads, vehicles backing up without spotters, and collapsing structural elements. These accidents often cause traumatic brain injuries and spinal cord damage that require lifelong medical care.

Electrocution and Electrical Burns

Electrocution causes 8.4% of construction deaths. Workers contact overhead power lines during crane operations, encounter faulty temporary wiring, or work near damaged extension cords. Electrical injuries can cause cardiac arrest, severe burn injuries, nerve damage, and internal organ failure.

Caught-In/Between Accidents

Caught-in or caught-between incidents represent 5.4% of construction deaths. Workers are crushed by unguarded machinery, trapped between equipment and fixed objects, or buried in trench and excavation collapses. These accidents frequently result in catastrophic injuries including amputations and crush syndrome.

Crane Collapses and Heavy Equipment Failures

Defective cranes, overloaded lifts, and poorly maintained heavy equipment cause some of the most devastating construction accidents. When equipment manufactured by a third party fails, product liability claims may be available in addition to workers' compensation.

Trench and Excavation Cave-Ins

Trench collapses happen without warning and can bury workers under thousands of pounds of soil within seconds. OSHA requires protective systems for any trench five feet or deeper, but violations of these standards remain common on Tampa construction sites.

Exposure to Hazardous Substances

Construction workers face exposure to asbestos, silica dust, lead paint, chemical solvents, and other toxic substances. Long-term exposure can cause mesothelioma, silicosis, and chronic respiratory disease. These cases often involve multiple responsible parties and require specialized legal knowledge.

The Occupational Safety and Health Administration (OSHA) keeps track of all serious and fatal construction site accidents in the U.S. to better address the most common safety and health issues. OSHA's statistics state that the greatest percentage (20.7%) of worker deaths occurred in the construction industry. The four most frequent reasons construction workers lose their lives on the job are falls, struck-by objects, electrocutions and caught-in/between.

• Human error
• Defective tools and equipment
• Transportation accidents
• Slip/trip and fall accidents
• Crane collapses
• Scaffold failures
• Ladder accidents
• Structural collapses
• Exposure to hazardous substances
• Fires and explosions
• Electrical hazards
• Acts of violence

If employers and others in the construction industry eliminated the four main causes of construction worker death, it would save at least 582 lives annually. Negligence and a wanton disregard for the safety of others cause most preventable accidents, injuries and deaths at Florida construction sites. If you believe someone else is responsible for causing you or a loved one's recent accident, you could be eligible for financial compensation through one or more legal outlets in Tampa.

The value of your Tampa construction accident case depends on several factors, including the severity of your injuries, the number of liable parties, and the strength of the evidence. Construction accident settlements in Florida range from tens of thousands to millions of dollars depending on the circumstances.

Economic Damages

• All past and future medical bills, surgeries, rehabilitation, and prescriptions
• Full lost wages (not just the two-thirds workers' comp pays)
• Loss of future earning capacity if your injuries prevent you from returning to construction work
• Assistive devices, home modifications, and long-term care costs

Non-Economic Damages

• Physical pain and suffering from your injuries
• Emotional distress, anxiety, and depression
• Loss of enjoyment of life and recreational activities
• Permanent scarring, disfigurement, or disability

Punitive Damages and Wrongful Death

In cases involving grossly negligent safety practices, Florida courts may award punitive damages to punish the responsible party. If a construction accident results in death, surviving family members may file a wrongful death claim to recover funeral costs, lost financial support, and loss of companionship.

A Hillsborough County jury awarded $64.5 million to a worker crushed when a building collapsed at a construction site, demonstrating the potential value of serious construction injury cases in the Tampa Bay area.

Construction workers who have suffered severe or life changing injuries that cause financial loss, time spent away from work or inability to perform future tasks in the workplace require the guidance of an experienced Tampa construction injury attorney who fully understands workers' compensation procedures and premises liability. The most common types of construction injuries that can lead to a valid claim and lawsuit include:

• Head & Brain Injuries
• Amputation
• Broken Bones
• Spinal Injury
• Burns
• Wrongful Death

1. Get Medical Attention Immediately

Your health comes first. Even if your injuries seem minor, get evaluated by a doctor as soon as possible. Many construction injuries like internal bleeding, concussions, and spinal compression do not show full symptoms for hours or days. Medical records created immediately after the accident become critical evidence in your claim.

2. Report the Accident to Your Employer

Florida law requires you to report a workplace injury to your employer within 30 days to preserve your workers' compensation rights. Report the accident to your supervisor as soon as you can, and make sure the report is documented in writing.

3. Document Everything You Can

If you are physically able, take photographs of the accident scene, your injuries, any equipment involved, and the overall site conditions. Get the names and contact information of any witnesses. Write down exactly what happened while the details are still fresh in your memory.

4. Do Not Give Recorded Statements

Insurance adjusters will contact you quickly after a construction accident. They may seem helpful, but their goal is to minimize your claim. Do not give recorded statements or sign any documents without first speaking to a Tampa construction injury lawyer.

5. Preserve All Evidence

Keep all clothing and equipment from the day of the accident. Save every medical receipt, prescription, and doctor's note. Maintain a daily journal documenting your pain levels, limitations, and emotional state. This evidence supports both your workers' comp and any third-party claims.

6. Contact a Tampa Construction Accident Lawyer

The sooner you speak with an attorney, the sooner your legal team can begin investigating, preserving evidence, and identifying all responsible parties. At Fiol & Morros, your initial consultation is always free. Call (813) 223-6773 or visit our contact page to get started.

For most workers, the first line of defense is a workers' compensation claim. Florida has a workers' compensation program to protect employees who sustain injury on the job. This program is a no-fault system in which you can collect benefits while you're recovering from a work-related injury. Since the system is no-fault, you won't have to prove your employer was negligent before collecting benefits. In exchange for this, however, you forfeit your right to sue your employer for additional damages.

Florida law requires all employers carry workers' compensation insurance to cover injuries their employees may suffer on the job. To collect your benefits, follow a few simple steps:

1. Report a Construction Injury as Soon as Possible

While you have up to 30 days to report the incident to your supervisor, it's best to let him or her know as soon as you experience symptoms. Waiting to file for benefits may cause your employer to question the veracity of your claims. On the other hand, some injuries take days to fully manifest, so act as soon as you can.

2. Seek the Appropriate Medical Care

Once you report your injuries, it's your supervisor's responsibility to file a claim with the workers' compensation insurance company. However, it's your job to find proper medical care. Ask if company policy is to see an in-network provider or if you can follow up with your PCP. Either way, it's important to seek appropriate medical care as soon as you can.

3. Keep All Your Recommended Doctor's Appointments

If you're not following recommended care, the insurance company (or your employer) might not think your injuries are as serious as they are.

What Happens After Your Claim Is Approved?

Once approved, your workers' compensation claim will pay for a portion of your salary and all approved medical bills. Your wage benefit amount will depend on your company's policy, but it's usually around 2/3 of your previous salary. You will continue to receive benefits until you're able to return to work.

One of the main advantages of the workers' compensation system is that it's no-fault. In other words, you won't have to prove your employer was negligent to collect benefits. On the other hand, accepting workers' compensation benefits forfeits your ability to pursue a personal injury claim against the company -- even if their negligence led to your injuries.

Unfortunately, the workers' compensation program rarely provides enough benefits on which to live. Chances are, you'll only receive a portion of your previous salary. For this reason, many injured construction workers look for additional avenues for legal recourse.

In certain situations, you may be able to bring a separate claim against other companies to compensate for damages. The construction industry is unique in that you often work with multiple companies at once. For example, you might be working with other contractors, subcontractors, and vendors at the same time. If an employee of another company acted negligently and that led to your injury, you may be able to pursue an additional claim.

If this applies, you may have grounds for a personal injury claim. Examples of when this might apply include:

• A vendor negligently installing scaffolding
• A subcontractor digging a trench leading to hazardous waste leaks
• An onsite truck driver acting recklessly
• A roofing subcontractor negligently installing roofing material

Who Can You Sue After a Construction Accident?

Even if you are receiving workers' compensation benefits, you may have additional legal claims against third parties. Potential defendants include general contractors who are not your direct employer, subcontractors whose negligence caused or contributed to the accident, property owners who failed to maintain safe conditions, equipment manufacturers whose defective products caused injuries, architects and engineers whose flawed designs created hazards, and safety consultants who failed to identify risks.

Filing Deadlines for Construction Accident Claims

For workers' compensation, you must report your injury within 30 days. For third-party personal injury lawsuits, Florida's statute of limitations gives you two years from the date of the accident. Wrongful death claims must also be filed within two years. Missing these deadlines can permanently eliminate your right to compensation.

How Are Construction Injury Settlements Structured?

If your claim involves both workers' comp and a third-party lawsuit, the workers' comp insurer holds a lien on your third-party recovery under F.S. §440.39. Your Tampa construction injury attorney can negotiate this lien to maximize the amount you actually receive. Many construction accident settlements are structured as lump-sum payments, though some may include structured settlements with payments over time for catastrophic injuries.

Our Construction Injury Case Process

Free Case Review: We evaluate your construction accident, identify all potentially liable parties, and explain your legal options at no cost.

Investigation: Our team gathers OSHA reports, accident scene evidence, witness statements, equipment maintenance records, and expert opinions.

Claim Filing: We handle all paperwork for both workers' compensation and third-party claims, meeting every deadline.

Negotiation: We negotiate aggressively with insurance companies and defense attorneys to secure a fair settlement.

Trial: If the other side refuses to offer fair compensation, we are fully prepared to take your case to trial. Our attorneys have decades of courtroom experience.

View our case results to see examples of what we have recovered for injured clients across Tampa Bay.

Construction accidents are often serious and may leave you out of work for the long term. If you're struggling under the weight of bills and wondering how you'll make ends meet, we can help. Contact our experienced construction accident and premises liability lawyer in Tampa for a free initial consultation, and see how a claim can help you get back on your feet.

If you or a loved one has been injured on a construction site in Tampa, time is critical. Florida's two-year statute of limitations means every day counts. The Tampa construction injury lawyers at Fiol & Morros Law Group are ready to review your case, explain your legal options, and fight for the compensation you deserve.

Our team serves clients across Tampa and all surrounding communities.

Call (813) 223-6773 for a free consultation or contact us online. Se habla espanol. We do not charge any fees unless we recover compensation for you.