Construction Accidents Your Choice of Lawyers Matters.

Construction Accident Lawyer in Miami

40+ Years of Combined Experience Fighting for Injured Workers & Their Families

Construction sites are among the most dangerous workplaces in Florida, and when an accident happens, the legal path forward is rarely straightforward. Workers, subcontractors, and bystanders hurt on Miami jobsites may have more than one avenue for recovery: a workers’ compensation claim through the employer and, in many situations, a separate personal injury claim against a third party whose negligence contributed to the accident. Viñas & DeLuca handles both paths and helps clients understand which options apply to their situation.

Attorney Frank Viñas has handled construction site injury cases as part of a personal injury practice backed by more than 40 years of combined legal experience. We represent individuals and families who have suffered serious injuries, wrongful death, or financial losses because of someone else’s negligence on a jobsite.

If you or a family member was hurt on a Miami-area construction site, contact Viñas & DeLuca at (645) 231-2792 to schedule a free consultation.

A Selective Caseload Means Your Case Gets the Attention It Deserves

Construction accident claims often involve multiple responsible parties, conflicting insurance coverage, and evidence that can disappear quickly. We intentionally limit the number of cases we accept so each client receives direct attorney communication, thorough investigation, and meticulous case preparation from the start. You won’t be passed to a paralegal or treated as a case number.

We combine that personalized approach with innovative courtroom technology and trial-ready preparation, building the strongest possible claim at every stage, whether negotiating with insurers or presenting the case before a jury.

Common Hazards on Miami Construction Sites

OSHA identifies four hazard categories, known as the “Fatal Four,” that together account for the majority of construction fatalities nationwide. Recognizing these hazards matters because they often signal a safety violation by a contractor, property owner, or equipment manufacturer.

Falls: Unprotected edges, unsecured scaffolding, and unstable ladders are the most frequent source of fatal construction injuries.
Struck-by incidents: Falling tools, unsecured materials, and moving equipment such as cranes and forklifts cause severe blunt-force trauma.
Caught-in/between hazards: Workers can be pulled into unguarded machinery, trapped in trench collapses, or caught between moving equipment and fixed structures.
Electrocutions: Contact with exposed wiring, overhead power lines, or improperly grounded equipment can cause fatal electrical injuries even when a worker follows proper procedures.

Workers’ Compensation vs. a Third-Party Injury Claim

Florida Statute Chapter 440 requires most construction employers to carry workers’ compensation insurance. That coverage pays for medical treatment and partial wage replacement regardless of fault, which can provide immediate financial relief. Under Section 440.11, however, workers’ compensation is generally the exclusive remedy against an employer, meaning an injured worker typically can’t also sue that employer for negligence.

Workers’ compensation doesn’t cover pain and suffering, emotional distress, or full lost wages. When a party other than the employer or a coworker contributed to the accident, an injured worker may file a separate third-party personal injury claim seeking those broader damages. The two claims can proceed at the same time, and pursuing both may be an important strategy.

Cases We Handle

Who Can Be Held Liable Beyond the Employer

One of the most important steps in a construction accident case is identifying every party whose negligence contributed to the injury. Multiple defendants can exist on a single jobsite, and holding each accountable can affect the total recovery available.

General Contractors and Subcontractors: Both have a duty to maintain a reasonably safe work environment and to warn workers of known hazards. Failures in site supervision, safety training, or hazard correction can establish liability.
Property Owners and Developers: An owner or developer who isn’t the injured worker’s employer may still be liable if their negligence created or allowed a dangerous condition on the site.
Equipment and Tool Manufacturers: Defective scaffolding, safety harnesses, power tools, or heavy machinery can support a product liability claim against the manufacturer when the equipment was used as intended or in a reasonably foreseeable manner.
Engineers and Architects: A professional design error or inadequate site oversight that creates a structural hazard can expose engineers and architects to liability.
Non-Employer Third Parties: Delivery drivers, inspectors, or passersby injured on a construction site may pursue claims based on premises liability principles.

What a Third-Party Claim Can Recover

A third-party personal injury claim reaches damages that workers’ compensation leaves on the table: full medical expenses, complete lost wages and future earning capacity, pain and suffering, and other non-economic losses. When a construction accident results in a death, surviving family members may pursue a wrongful death claim under Florida Statute Section 768.21.

Florida’s modified comparative negligence rule under Section 768.81 affects these awards. If the injured worker is found more than 50 percent at fault, recovery in a third-party claim is barred entirely. When the worker’s share of fault is 50 percent or less, the damages award is reduced by that percentage. Identifying and documenting every other party’s contribution to the accident is central to preserving a claim’s value.

Deadlines and First Steps After a Construction Accident in Miami

Two separate timelines run after a jobsite injury, and missing either one can eliminate a claim regardless of its merits.

Filing Deadlines to Know

Workers’ Compensation Notice: Injured workers must notify their employer within 30 days of the accident to preserve a workers’ compensation claim. Delay in reporting is one of the most common reasons claims are denied.

Statute of Limitations for Personal Injury and Wrongful Death: Florida’s 2023 tort reform (HB 837) shortened the filing deadline for negligence-based personal injury claims to two years from the date of the incident, codified under Section 95.11. Wrongful death claims carry that same two-year deadline, but the clock generally runs from the date of death rather than from the underlying accident. Once the applicable window closes, the courts won’t hear the case.

Immediate Steps to Protect Your Claim

In the immediate aftermath of an accident, four steps can protect both your health and your legal rights:

Seek medical attention right away, even if injuries seem minor at first
Report the incident to a supervisor before leaving the site
Document the scene with photos and collect contact information from any witnesses
Contact an attorney before giving recorded statements to any insurance carrier

Trusted. Respected. Recommended.

See What Our Clients Are Saying About Their Experience with Viñas & DeLuca

Clients who have worked with Viñas & DeLuca describe what it’s like to have attorneys who are genuinely invested in the outcome of their case.

“I Would Highly Recommend!”
“If you’re looking for someone who is knowledgeable, trustworthy, and genuinely invested in your best outcome, I would highly recommend Frank Vinas without hesitation.”

Ariel M.
“Compassionate, Professional, and Incredibly Knowledgeable!”
“I cannot recommend Frank enough! From the moment I reached out, he and his team were compassionate, professional, and incredibly knowledgeable.”

Jessica V.
“Exceptional From Start to Finish!”
“Frank Vinas was exceptional from start to finish. He took the time to carefully walk me through my case, answer all of my questions thoroughly, and make sure I understood every step of the process.”

Elad K.
“Truly Cares!”
“I highly recommend Frank Vinas to anyone looking for an attorney who is both highly competent and genuinely cares about his clients.”

Pierre C.
“An Excellent Experience!”
“I had an excellent experience working with Frank Vinas. He was professional, knowledgeable, and genuinely cared about my case from start to finish.”

Ava L.

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Discuss Your Construction Accident Case at No Cost

Construction injury claims move fast, and the evidence that determines liability can disappear from a jobsite within days. We offer a free consultation to review what happened, explain your options under both workers’ compensation and Florida personal injury law, and outline how we can approach your case.

We keep our caseload selective so every client gets direct attorney contact and a genuinely prepared claim. Call us at (645) 231-2792 or use the contact form on this page to get started.