What Constitutes Gross Negligence in a Tampa Construction Accident?
A Tampa construction accident may involve “gross negligence,” and this can have considerable implications for injured workers. If you can prove that your injury was caused by gross negligence, you may be able to sue your employer (or any other negligent party) directly. This is beneficial because it can potentially lead to more compensation than a workers’ comp claim. To learn more about the next steps, consider speaking with an experienced workers’ comp lawyer.
Certain Safety Violations
If your employer blatantly ignored or breached clear safety regulations on your worksite, they could face legal action beyond a mere workers’ compensation claim. For example, they may have failed to provide you with any fall protection while you were working at heights. Perhaps they told you to walk out onto a ledge without a harness, even after you asked for fall protection numerous times.
With all that said, you must prove these safety violations led directly to your injuries. A safety violation might have been serious and egregious, but it cannot lead to a lawsuit unless you can establish “causation.” For example, you might have been forced to walk onto a ledge without a harness – but you probably can’t sue if you were injured by a chemical burn (and not a fall).
You Received No Training for Dangerous Equipment
You might also file a direct lawsuit if you were injured by dangerous equipment you were never trained to use. For example, your employer might have tossed you the keys to a forklift, instructing you to start lifting crates with absolutely no training. If you were crushed by the forklift after it toppled over, you might argue that your lack of training constitutes gross negligence.
You might also sue if you were handed a dangerous power tool, such as a chainsaw or a flamethrower. Perhaps you voiced concerns about using these tools due to your lack of training, but your employer forced you to use them anyway. These situations might also lead to direct lawsuits.
Using Substandard Materials
Another example of gross negligence involves intentionally using substandard construction materials. For example, your employer might have attempted to save money by using old, rotten wood. Suppose your employer instructed you to build a frame with this rotten wood, and the structure subsequently collapsed onto you. In this situation, you might also have the right to file a direct lawsuit against your employer on the theory of gross negligence.
If you’re not sure whether your employer is guilty of gross negligence, why not ask an experienced lawyer?
Can a Workers’ Comp Lawyer in Tampa Help Me Get More Compensation?
One of the key roles of a workers’ comp lawyer in Tampa is to help you maximize your compensation. They can do this by helping you appeal denied claims or by exploring the possibility of a direct lawsuit. If you believe that your injuries were caused by gross negligence, you might be right. To investigate this situation further, contact The Franco Law Firm today.
Source:
osha.gov/contactus/bystate/FL/areaoffice
