A construction accident happens almost every day. In today’s society there is construction happening all around us. Whether you are working at the site, or just an innocent bystander, construction sites are dangerous places. If you have been injured in a construction accident then your right to recovery hinges on if you were employed and working directly on the site, or just an innocent bystander that was injured. When you are an innocent bystander, California personal injury law governs your recovery, and generally the person or entity at fault will be responsible for paying for your damages.
On the other hand, if you are employed by the construction company and were injured at the site, then you may be entitled to compensation from more than one source. Many personal injury attorneys overlook this fact and subsequently recover less for their clients’ then what they are legally entitled to. Our law firm does not operate in this way and always makes sure that we maximize the amount of compensation recovered for our clients’
Statistics on Construction Accidents: Every year thousands of construction site workers and innocent bystanders suffer serious injuries due to construction site accident in Los Angeles. There are many common causes of construction accidents including failure to conduct safety inspections, the hiring of untrained workers, and failure to abide by OSHA safety standards. Victims of personal injury due to the negligent or wrongful acts of others are entitled to full and just compensation for all damages incurred including medical costs, rehabilitation care, pain and suffering, lost wages and disability care.
Attorney Assistance: Our law firm is proud to represent individual who have suffered serious injuries in construction site accident in the city of Los Angeles and surrounding communities. To speak to an attorney regarding your case call (855)385-2529. All consultations are provided free of charge.
Leading Causes of Construction Accidents
- Insufficient training
- Scaffolding accident
- Crane accidents
- Electrical accident/ Fire
- Harness Accidents
- Falling objects
- Improper use/maintenance of equipment
- Poor safety precautions/oversight
- Mechanical Failure
- Hoist accidents
- Defective equipment
- Collapsed structures
- Exposure to toxic substances
- Compressed gasses
- Slip and fall Fire and Explosion
cOMMON Injuries Cause by Construction Site Accidents
There are numerous injuries which can take place in and around a construction site due to the negligent or wrongful actions of liable parties. Some of the most common injuries our clients have experienced are as follows:
Death of a Loved One in a Construction Accident – Wrongful Death Lawsuit Information
In certain jurisdictions including the California certain family members of individuals who have died in construction related accidents are entitled to compensation. To learn more about wrongful death lawsuits see here.
Wining Your Construction Site Injury Lawsuit in the Court of Law
Construction accident claim can be difficult to litigate and usually require expert legal attention and resources. There are several cause of action which can be brought forth to prove liability on the part of a construction company, property owners, developers, and manufacturers of defective construction equipment including:
WORKERS COMPENSATION – EMPLOYEE INJURIES
If you are a construction worker that was injured on the job then you have the right to be compensated for your injuries. Typically, a worker that was injured on the job doesn’t have the right to file a law suit against their employer because they are entitled to workers compensation benefits provided by workers’ compensation insurance. The Occupational Safety and Health Administration (OSHA) helps protect workers from health and safety hazards on the job. In California, if you are employed by a construction company and are injured at work, then you may file for workers compensation benefits. OSHA helps workers to:
- Inspect their workplace;
- Use their rights under the law without retaliation or discrimination;
- Receive information and training about hazards, methods to prevent harm, and the OSHA standards that apply to their workplace;
- Receive copies of test results done to find hazards in the workplace;
- Review records of work-related injuries and illnesses; and
- Receive copies of their medical records.
An experienced personal injury attorney can help you file a complaint with OSHA. Additionally, your employer may NOT fire, demote, or take any other retaliatory measures against you for filing that complaint. A worker who has been retaliated against by their employer after filing a complaint with OSHA should contact our law offices immediately. A worker pursuing workers’ compensation benefits only needs to prove that the injury occurred, irreverent of any surrounding circumstances. If the claim is accepted, then the worker will be entitled to benefits. Additionally, our law firm will maximize the amount of your recovery by getting you workers compensation benefits in conjunction with any additional third-party claims.
Theories of Liability for Construction ACCIDENTS
Some employers purchase workers’ compensation insurance to protect themselves from being named in a personal injury law suit. However, if your construction accident was the result of negligence then you may be able to recover additional compensation against a separate entity or (3rd party). Negligence can be difficult to prove and recovering compensation from a 3rd party can be a headache. If you are a worker that was injured at a construction site then you should contact one of our experienced personal injury and construction accident attorney’s for a 100% free consultation.
If the injury was caused by a defective product used on the work-site then any manufacturer in the chain of distribution may be held liable for your injuries. For example, if you are operating a piece of machinery that causes your injury due to a mechanical defect, or failure to warn/inadequate warning, then you may be able to recover compensation from the retailer, manufacturer, wholesaler, and any other entity that had custody or control over the defective product.
Who Can be Held Liable
WHO IS LIABLE?
Construction accidents and injuries can be a complicated area of law. That is why you should always consult an experienced personal injury attorney immediately following your injury. Liability hinges on a multitude of factors, but generally all of the following entities may be held liable for your injuries;
Construction site owners-
In these cases, liability hinges on the degree of control that the owner has over the premises, compared to a degree of control over the work being produced itself. Construction site owners are not always held liable for injuries suffered on their premises. However, if the landowner takes an active role in the work being performed on the construction site then the owner or possessor of the land will be held liable for individuals that are injured on the premises. The duty of the land owner does not extend to workers’ injured due to potentially dangerous conditions that should be obvious to the “invitees.” Additionally, a land-owners liability may be lessened depending on the independent contractors knowledge and required duties.
General & Sub Contractors
Under OSHA (explained above), general and subcontractors have a duty to provide workers with a reasonably safe work-site. Additionally, they also have a duty to warn of any hazards at the sight or inherent in the job itself. General and subcontractors have a duty to make sure all employees on-site are performing the work delegated to them safely. If an employee is injured as a result of a general or subcontractors lack of oversight, please call our law offices today so we can help you through the process of a complex construction accident claim.
Prime contractors are only responsible for the work covered in their written contract, or for any work that is delegated to subcontractors. If they delegate work to a subcontractor, the only way the prime contractor can be held liable is if they have exclusive responsibility over those subcontractors.
Architects & Engineers
The best way to determine if an architect or engineer will be liable for your injuries is to look at the contract they have with the construction site owner. Architects and Engineers make progress observations, that ensures compliance with specifications, design plans, and site-inspection to ensure compliance with various code regulations. Design professionals, (as architects and engineers are usually called), will be held liable for any injuries sustained by construction workers if they were performing professional services during the design and/or construction phase of the project.
If you are an innocent bystander and were injured at a construction site then you are entitled to compensation for your injuries. Construction companies are held to certain standards, and they have rules that must be followed. If these rules and regulations are broken, and you are injured as a result, then you have a right to be compensated by a third party. Under certain circumstances you may be able to file a claim for compensation in conjunction with multiple 3rd-party agencies.
Injured Bystander Rights
If you are an innocent bystander and are injured at a construction site, the normal rules of personal injury law apply. Any innocent bystander that is injured at or near a construction site is entitled to be compensated for the injuries they have suffered. Compensation may include but is not limited to;
- All medical bills and treatment related to your injuries
- Lost wages
- Future lost wages
- Emotional distress
- permanent disability/ disfigurement
- Pain and suffering
- Punitive damages (where applicable)
- Out-of-pocket expenses
- Any costs you have incurred as a result of your injury
Statute of Limitations For Filing a Construction Site Accident Lawsuit in the State of California
Every civil case in the state of California must be filed within a certain time frame. Failure to file a case within the legally delineated timeline will result in the elimination of your right to financial recovery via legal means. In the state of California the civil based injury cases against non-public entities must be filed within two years from the date of the injury. Cases against public owned and run institutions must first go through a review process with the agency in question; thus claim must first be filed with the agency within 180 days (6 months) from the date of the incident or injury. In certain circumstances court may wave a statute of limitations. Example of instances where courts have allowed for an expectations to the filing deadline for a construction site accident are as follows:
Value of a Construction Accident Lawsuit
An important question asked by many of our clients during legal consultations with our construction accident attorneys is, “what is the average case settlement in a construction accident lawsuit,” or “how much money am I entitled to if I file a lawsuit”. The average value of most personal injury lawsuits are based on several important factors unique to every client. The five most important factors in determining the average value of an injury lawsuit include:
1. The severity of the harm suffered – evidence via a diagnoses in the injuries suffered and medical costs for treatment of the condition.
2. Need for future medical and rehabilitation care and long term disability care of the injured victim.
3. Calculation of Pain and Suffering – evidence via emotional anguish, depression, and PTSD.
4. Lost wages and loss of future earning or income capacity of the victim.
5. Availability of insurance and or assets on the part of the at fault party.
Contact a Los Angeles Construction Accident Attorney NO RECOVERY = NO FEES, EVER!
Always remember that you can call our law offices to get the help that you or your family member needs and deserves. One of our experienced personal injury attorney’s is always available to take your call and give you the direction and guidance that you’re looking for. Our offices realize how difficult and complex a construction accident case can be, so don’t hesitate to call our offices for your 100% free consultation, and we will make sure that all of your personal injury needs are met.
Our Los Angeles Construction accident attorneys are available for a free and confidential case evaluation of your claim at any time of day or night 24/7. If you have any further legal questions regarding your claim feel free to contact our expert legal team toll free at (800)790-5422.