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JACKSONVILLE - Godfrey Barrett says he remembers climbing a ladder, stepping onto a scaffold, and falling.
The plunge left him hospitalized. Under Florida's Workers' Compensation system, he should have gotten coverage for his
medical care and financial assistance to offset the loss of his paycheck.
But the company employing Barrett lacked Workers' Compensation insurance, leaving the Jacksonville resident on his own,
according to his attorneys.
Wednesday, Barrett filed a negligence lawsuit in Duval County Circuit Court. The suit against three Jacksonville
companies contends they failed to provide a safe workplace because a plank on the scaffold was not secured, causing
Barrett to fall in May 2007.
The lawsuit points to a problem that state officials often encounter when inspecting construction sites. Even though
state law requires construction companies to have Workers' Compensation insurance even if there is just one employee,
inspectors find cases where employees are working without the coverage, said Nina Banister, spokeswoman for the Florida
Department of Financial Services.
The department conducted 27,674 on-site investigations in the most recent fiscal year, resulting in 2,518 orders halting
work until employers got the state-required insurance. The department also assessed $48.5 million in penalties. The
investigations resulted in 6,427 employees gaining coverage.
The statistics are for all kinds of workplaces, but construction sites are the most frequently visited by inspectors.
Beyond fines, companies that don't have Workers' Compensation insurance face the risk of being sued in state court by
injured workers such as Barrett. His lawsuit seeks damages for lost wages, medical bills and pain and suffering.
"He worked hard for a living," said Thomas Edwards Jr., an attorney with Peek, Cobb, Edwards & Ragatz, representing
Barrett. "He suffered catastrophic injuries on a construction site, and the company failed him."
Fellow attorney Robert Underwood said an official with Superior Erectors Inc., which employed Barrett, said in a
deposition the company did not have Workers' Compensation insurance. Underwood said Barrett also filed a Workers'
Compensation claim with Whitley Steel Co., which contracted with Superior Erectors, but the claim was denied on grounds
Whitley's Workers' Compensation policy didn't cover Barrett.
Whitley officials did not return a call for comment. Superior Erectors does not have a listed phone number.
Barrett is also suing the Stellar Group, the Jacksonville company whose headquarters Barrett was working at when he was
injured. The Stellar Group declined comment Wednesday on the suit.
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The man's employer didn't have Workers' Compensation Insurance. Why?