Work site injury: what can I do?

Florida construction accident claims are filed in state Circuit Court in the county of injury. Florida has 20 judicial circuits, and venue is generally proper where the tort occurred. Construction injury cases are pure state tort matters; there is no federal MDL consolidation for site-specific accidents.

Florida's statute of limitations for negligence-based personal injury is two years from the date of injury under § 95.11(5)(a), Fla. Stat. (amended 2023; previously four years). Causes of action accruing on or before March 24, 2023 keep the four-year period.

Florida has no equivalent to New York's Labor Law § 240. General contractors and owners are subject to ordinary negligence and premises liability standards. Florida Statute § 553 (Florida Building Code) and OSHA 1926 subpart P (excavations) and subpart L (scaffolds) set the duty of care benchmarks courts use to assess negligence in construction cases.

Florida workers' compensation under Chapter 440 is the exclusive remedy against a covered employer. Third-party actions against prime contractors, owners, equipment lessors, and manufacturers are preserved. Florida's modified comparative fault system (2023) bars recovery if the plaintiff is more than 50% at fault — a significant litigation consideration in multi-party construction cases.