Florida Injury Lawyer Blawg
A man was killed after a front-end loader struck him at a worksite in the Florida Keys, according to reporting from The Miami Herald.
The 37-year-old man died the morning of Tuesday, July 14, while working at the site, located at 4250 Overseas Highway. The incident occurred while workers were allegedly crushing rocks around 11:20 a.m.
Authorities told reporters that they do not suspect foul play and the U.S. Occupational Safety and Health Administration (OSHA) was notified of the incident.
Leesfield & Partners
The attorneys and staff at Leesfield & Partners express their deepest condolences to the family in the wake of this tragic incident and know just how devastating the loss of a loved one can be, especially if the accident that caused such injuries was preventable.
Although the investigation in this specific incident is ongoing, and authorities have not released additional information, workplace injuries remain a significant concern. When there is a work-related fatality, severe injury, or illness, employers are required to file a report with OSHA. In 2024, the year with the latest data publicly available, there were 9,034 severe injury reports submitted to the agency throughout the U.S. This is roughly 25 SIRs filed to OSHA per day, according to the agency’s annual data. These injuries have ranged from anything such as hospitalizations to the loss of limbs and/or eyes. About 81% (7,327) of all SIRs submitted to OSHA for that year involved hospitalizations. There were 2,426 (27%) amputations in 2024 with two eye losses. Industries such as construction, manufacturing, transportation and warehousing reported the most injuries in 2024.
In Florida, construction employers are required to comply with federal OSHA standards and provide workers with a workplace free from recognized hazards. Depending on the work that they are doing, employers may be required to provide personal protective equipment (PPE), including hard hats, high-visibility vests, safety glasses, and gloves.
Employers also have an obligation to maintain this equipment, regularly inspect worksites, and provide appropriate fall protection — such as guardrails — when employees are working six or more feet above a lower level.
In five decades of practice, Leesfield & Partners attorneys have represented numerous victims in these cases. From construction workers severely injured in job-site accidents to retail workers who became the victims of violent crimes, our attorneys have seen just about every injury that can occur on the job. As investigators look into these types of incidents, they are working to establish:
- Who employed the worker?
- Who owned or operated the equipment?
- Were multiple contractors working at the site?
- Did equipment malfunction?
- Were applicable safety regulations followed?
The answers to these questions can help determine whether workers’ compensation is a family’s sole remedy or whether additional claims may be available against responsible third parties.
Florida’s Workers’ Compensation System
Florida’s workers’ compensation system is a no-fault system that generally provides injured employees with medical benefits and partial wage replacement for work-related injuries. To receive such benefits, injured workers must report their injury to their employer within 30 days and seek medical treatment. In exchange for providing these benefits, employers are generally immune from negligence lawsuits brought by injured employees. However, this is not a family’s only recourse.
Injured workers may still have legal claims against third parties, and in some cases, claims against an employer may be permitted under Florida law.
This is where an exhaustive legal investigation is critical to ensure the maximum possible recovery amount is obtained on behalf of a client. This is important because industrial and construction accidents often involve multiple companies, contractors, equipment manufacturers, and property owners.
Separate negligence claims could be pursued against a third party if:
- A negligent subcontractor or contractor was involved
- The owner allowed the operation of defective or improperly maintained equipment
- There was an equipment manufacturer whose product was defectively designed or manufactured
- Another individual or company whose negligence contributed to the incident.
Leesfield & Partners has achieved statewide and national recognition over 50 years for obtaining record verdicts and settlements on behalf of injured clients and grieving families.
Previous Cases
In a previous Leesfield & Partners case, the firm obtained a $5 million result for a construction site accident.
While not a construction site injury, the firm did previously represent a man who was injured while on the job as he worked as a crewmember on a cruise ship. In that case, our client went to the ship’s infirmary with symptoms of nausea. When administering medication, medical staff ignored clear black box label warnings that instructed them to administer the drug deep into the muscle over a prolonged period of time. Instead, staff rapidly injected the medication in to the man’s IV. He was in immediate agony.
In 17 long hours, his skin had blackened and his arm had gone necrotic. The medical team searched online for solutions. Tragically, our client’s arm could not be saved and it was later amputated at a hospital on land.
An arbitration award of over $3.3 million was obtained for our client.
In another construction case, our client was injured due to the negligence of a company while on site. The firm obtained a $2.8 million recovery for our client’s permanent injuries in that case.
In a case against a construction supply company that was responsible for our client’s on-site injuries, the firm recovered $887,500.
For a client who suffered severe burns at a construction site, Leesfield & partners attorneys obtained a $862,000 recovery.
In another case, the firm settled with all at-fault parties for a construction worker’s injuries after a crane operator error. In this instance, a crane operator did not follow proper procedure when lowering the machinery for the night. Instead of first lowering the luffing boom, the part of the crane that moves vertically and allows the operator to precisely control the height of the load, and then the main boom, the operator lowered them in reverse. The crane then tipped forward, sending the workers scattering for cover. Our client was hit in the head while wearing his hard hat and knocked to the ground where he lay unconscious. His leg was also crushed in the incident.
A case of a store worker’s fall resulted in a $750,000 recovery.
Leesfield & Partners secured $662,000 for a delivery company worker’s crush injury.
One case handled by the firm involved the tragic death of a construction worker who fell through an open staircase and hit his head. A significant award was secured by the firm for the man’s family for failure to provide fall protection.
Leesfield & Partners obtained a multi-million recovery for a handyman who fell from a ladder while trimming trees on private property in Key West. Our client fell from 15 feet up, landing on his neck. The injuries rendered him a paraplegic, costing him all sensation below the chest.
Another case handled by the firm involved a construction worker injured when hot tar spilled on him from an open skylight at a construction site. The case was settled for a substantial amount.
A previous case involving a worker’s crush injury resulted in $10 million recovered by Leesfield & Partners attorneys.
If you or a loved one was injured in a construction site accident, you may be entitled to compensation. Call a Leesfield & Partners attorney today for a free consultation at 800-836-6400.
