Federal and local officials are investigating a swing stage scaffolding collapse from 40 feet above the ground at the Hyde Resort and Residences in Hollywood that left one person dead and two others injured. At the time of the collapse, three men were painting a mural on the façade of the building. The ground below the tragedy reportedly showed yellow paint splatter.
After the accident occurred, all work on the site was stopped. The general contractor for the project is John Moriarty & Associates of Florida. It’s the second fatal accident in a week for the company after a Miami accident claimed the life of one worker and injured five others.
Third party liability
The general rule in Florida is that workers’ compensation laws are the sole and exclusive remedy for an employee who has been injured during the course and scope of his or her employment. On a large construction project like the Hyde Resort and Residences, an employee might get injured as the result of the negligence of an employee of another company who is also working on the project. That’s known as third party liability, and it’s an exception to the sole and exclusive remedy rule of workers’ compensation benefits.
Broader damages are permitted in third party cases
In third party cases, while bringing a claim for workers’ compensation benefits, the injured person can also bring a negligence lawsuit against the company that actually caused his or her injuries. Since different damages are allowed in negligence cases as opposed to workers’ compensation cases, the injured worker is usually compensated more fully in a third party case. Although no determination has been made by officials as to who is responsible for the Hyde scaffold collapse, it’s clear that everybody connected with the project will be pointing their fingers at each other.
Hollywood Florida Workers’ Compensation Attorney
Evan Ostfeld is a highly experienced, skilled and successful workers’ compensation and third party construction accident attorney in Coral Springs who represents clients across Florida. Contact him for a free consultation and case evaluation right after any workers’ compensation or construction accident claim arises. No legal fees are due until such time as he obtains compensation for you. Protect your rights and your family by calling Evan Ostfeld toll free at 866-478-3968 as soon as possible after any accident.