At the Law Offices of Franks, Koenig & Neuwelt, we provide dedicated construction defect representation grounded in decades of plaintiff-side trial work.
If you were hurt on a West Palm Beach construction site when a scaffold collapsed, a lift failed, or equipment gave out the way it never should have, then you may need legal guidance. At the Law Offices of Franks, Koenig & Neuwelt, we can help protect injured worker claims and advocate for their best interests. Our West Palm Beach, FL construction defect lawyer only handles claimant-side matters. Reach out for a free case review to walk through what happened and discuss what your claim may be worth.
Construction Defect Lawyer West Palm Beach, FL
Our West Palm Beach construction defect lawyer represents workers who were hurt because something on the jobsite failed when it shouldn’t have. That failure might be traced to a defective piece of equipment, a badly designed system, materials that didn’t meet spec, or a component that another contractor assembled or installed incorrectly. When those defects cause injuries, a workers’ compensation claim is often only part of the picture.
The claimant side of a construction defect case in West Palm Beach can involve the workers’ compensation carrier and, in some cases, a third-party product liability claim against the maker or supplier of the defective item. Our West Palm Beach construction defect attorneys handle the workers’ comp side directly and coordinate with product-liability counsel when a third-party claim is warranted.
Types of Construction Defect Cases We Handle in West Palm Beach
What all construction defect cases share is a piece of equipment, system, or material failed and hurt someone doing their job. Below are the recurring construction defect case types we see across West Palm Beach jobsites.
- Construction accidents. Falls, struck-by incidents, and equipment failures make up the bulk of construction injury claims in Palm Beach County. When a defective component contributed to what happened, our West Palm Beach construction defect attorneys handle both the workers’ compensation claim and the third-party angle.
- Work injuries. We handle work injury claims across every trade on the jobsite, whether the defect involved a tool, machine, or hidden hazard created by another subcontractor.
- Defective scaffolding and platforms. A collapsed scaffold or a missing guardrail can cause falls and fatalities from significant heights. We look at whether the scaffolding was designed correctly, if it was properly inspected, and who installed it.
- Faulty lifts, hoists, and cranes. Boom lifts and scissor lifts fail when hydraulic systems, controls, or safety interlocks don’t work as designed. Injuries include crush trauma, falls, and struck-by incidents. These claims frequently involve manufacturers as well as employers.
- Defective power tools and machinery. Saws with broken guards, drills that seize, and nail guns that misfire can cause traumatic injuries. Product defects turn a routine task into a serious medical event without warning.
- Unsafe temporary electrical systems. Temporary wiring on active jobsites is a known hazard. When ground-fault protection fails or wiring is improperly installed by another trade, workers face electrocution and burn injuries.
- Defective personal protective equipment. Harnesses that snap, helmets that crack, and respirators that leak leave workers unprotected in exactly the moment they most need protection. These cases can involve both workers’ comp and manufacturer liability.
- Faulty guardrails and fall protection. Fall protection only works when the anchor points, lifelines, and guardrails hold. Defective anchors and inadequate systems produce some of the most serious jobsite claims we handle.
- Defective building materials. Bad rebar, weak trusses, and off-spec fasteners fail under load. A worker installing the material is often the first person hurt when that happens.
Why Choose the Law Offices of Franks, Koenig & Neuwelt as My Construction Defect Lawyer in West Palm Beach, FL?
Attorneys Who Started on the Defense Side
Judd Koenig began his career representing employers and insurance companies. He switched sides in 2004 and has represented only injured workers since. Koenig authored the 2003 Quick Guide to Workers’ Compensation Law, a reference still used across the state, and holds an AV Preeminent 5.0 Martindale-Hubbell rating. Eli Franks made the same switch in 2002 and has practiced from the West Palm Beach office ever since. Both partners and West Palm Beach construction defect attorneys hold Florida and Georgia bar admissions.
Our founding partners spent early careers defending insurance carriers and employers. That means they know how the defense builds its files, what documentation carriers rely on when they deny a claim, and where claims tend to break down. That perspective motivates how we prepare every construction defect matter from intake forward.
Millions of Dollars Recovered for Injured Workers
The firm has recovered millions of dollars in successful cases for injured workers, including construction claims tied to scaffold collapses, crush injuries, and industrial explosions. Our workers’ compensation lawyer in West Palm Beach, FL handles the compensation claim directly and coordinates with any third-party product liability referral when a defect caused or contributed to the injury.
Understanding Construction Defect Cases
Damages, Liability, and Compensation for Construction Defect Cases
The workers’ compensation claim covers medical care and lost wages under Florida’s no-fault system, meaning the injured worker generally does not need to prove employer negligence to receive benefits. Where a defective product, faulty component, or third-party contractor caused the injury, a separate liability claim may also be available. Under Florida’s basic negligence framework, a third-party claim requires the injured worker to show duty, breach, causation, and damages.
Compensation available across workers’ comp and third-party matters can include:
- Medical treatment, including surgery, therapy, prescriptions, and ongoing care
- Temporary total or partial wage loss benefits during recovery
- Permanent impairment income benefits after maximum medical improvement
- Vocational retraining when the worker cannot return to prior work
- Pain and suffering damages in a viable third-party liability claim
Comparative fault applies to third-party claims under Florida’s modified comparative negligence rule. A worker found more than 51 percent at fault is barred from recovering third-party damages, though the workers’ compensation claim is generally unaffected by that comparative fault analysis. Regardless of the circumstances surrounding your case, our West Palm Beach construction defect lawyer can help.
What Are Important Aspects of a Construction Defect Case?
Construction defect cases turn on preservation and documentation. Once a scaffold is disassembled, a defective tool is discarded, or the site is cleared for the next phase of work, the case gets significantly harder to prove. Andrew Neuwelt has publicly addressed the aftermath of a West Palm Beach fatality at a construction site, and the same principle applies to nonfatal defect claims that our attorneys handle. A few aspects matter more than others:
- Reporting the injury to the employer within the statutory reporting window
- Preserving the defective product or scaffold component, in place when possible
- Photographing jobsite conditions before they change
- Documenting witness identities and their contact information
- Requesting a copy of the incident report and any inspection or maintenance logs
What Is the Construction Defect Case Timeline?
Every case is different, but most construction defect matters follow a recognizable arc from reporting through resolution:
- Injury report and initial medical care within days of the incident
- Notice of injury filed with the employer and workers’ comp claim opened
- Medical treatment and diagnostic workup, sometimes spanning weeks or months
- Investigation into the defective product, component, or third-party contractor
- Petition for benefits filed if the carrier disputes any element of the claim
- Mediation, hearing before a Judge of Compensation Claims, or negotiated settlement
A parallel third-party product liability claim typically proceeds on its own schedule in civil court and can outlast the workers’ comp resolution. Our West Palm Beach construction defect attorneys coordinate with product-liability counsel when that path is available. The steps taken early after the accident often determine how strong both claims become.
What Should You Bring to Your Construction Defect Consultation?
When meeting with our West Palm Beach construction defect lawyer, we recommend bringing the following if you have them readily available:
- Any incident or injury report you filed with the employer
- Names and contact information for witnesses who saw what happened
- Photographs of the jobsite, equipment, or defective component
- Medical records, imaging, or discharge instructions from initial treatment
- The name of the workers’ comp carrier and any correspondence you have received
Consultations at our office are free. We’ll walk through what happened, review what’s already been filed, and outline the likely next steps in your case. Common patterns from other construction accidents often inform how our attorneys structure the early strategy.
Florida Legal Resources for Construction Defect Cases
Several state and federal resources provide background on the laws and safety standards that shape construction defect claims in Florida:
- Fla. Stat. § 440.185: Governs the deadline for reporting workplace injuries under Florida workers’ compensation.
- Fla. Stat. § 440.19: Establishes two-year deadline for filing a petition for workers’ compensation benefits.
- Fla. Stat. § 95.11: Provides two-year statute of limitations for FL negligence claims.
- Fla. Stat. § 768.81: Governs Florida’s modified comparative fault framework in tort actions.
- Chapter 768: Covers damages, negligence provisions, and related tort principles.
- Division of Workers’ Compensation: Administers FL workers’ compensation program.
Reach Out to Franks, Koenig & Neuwelt to Schedule a Consultation
The aftermath of a construction defect accident can be difficult without legal guidance. Consultations at the Law Offices of Franks, Koenig & Neuwelt are free, and we work on a contingency basis, so there are no attorney fees unless we recover on your behalf. Contact us to schedule a case review with our West Palm Beach construction defect lawyer.
