California Construction Accident Attorneys
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California Construction Accident Attorneys Ready To Explain Your Legal Options Clearly
Working in construction can be a dangerous profession. Each year, there are accidents across the nation involving construction workers. The number of these incidents is projected to increase, as the Bureau of Labor Statistics (BLS) expects that construction employment is on track to continue increasing over the next few years. It may surprise you to learn that as of 2016, 10.3 million people in the United States were employed in a construction job.
Construction workers have a variety of important tasks that can involve anything from a private home job to a massive commercial tower. However, they carry out their job duties at great risk to their own safety. Even just being on a construction site can carry significant risk for injury.
If you were injured in a construction-related accident, your rights will vary based on whether you were working or merely a bystander. Bystanders who are injured at a construction site will pursue compensation based on standard California personal injury laws. The person or company found legally at fault may be held responsible for compensating you for the injuries you sustained while at the construction site.
If you were a construction worker who was injured while working, it becomes more complicated. Workers who are injured on the job may have multiple sources available for compensation, depending on the situation. Construction accident cases can be complex, and certain factors are sometimes not considered in every claim. This can result in the injured worker receiving less compensation than what may be available under California law.
Due to these complexities, it may be important to consult with a California construction accident lawyer who has experience with injury cases. It can be helpful to have an experienced injury law firm guide you through the process. We are available to represent clients with construction-related injury claims across California.
Importance Of Retaining A California Construction Accident Attorney
One of the reasons you want to retain an attorney right after the accident is to start a proper investigation that can help establish liability against the at-fault party/parties. When you retain a construction accident attorney, they will immediately begin an investigation. The investigation includes getting someone out to the construction site, preserving any video and photo evidence, speaking with witnesses whose statements can be recorded, and more.
As the case progresses, you may need court orders to obtain more evidentiary documentation from involved parties and reach out to government agencies, like OSHA, to verify safety filings. These are all things you don’t want to have to do on your own. Legal counsel in construction cases can coordinate investigations and protect your rights from the start.
California Fatal Work Injury Statistics
The United States Bureau of Labor Statistics (BLS) compiles data on occupational injuries, illnesses, and fatalities. According to the BLS, a total of 376 workers died on the job in 2016. Compared to 2015, when 388 workers died, this is a slight decline. The occupational fatality rate in California is 2.2 deaths per 100,000 workers, unchanged from 2015 to 2016. Since 1999, the fatality rate has declined by about 40 percent and is consistently lower than the national rate of 3.6 deaths per 100,000 workers.
Nationwide, 5,190 workers lost their lives in workplace accidents in 2016, which is the highest number since 2008. That was a seven percent increase from 2015 and a 12 percent overall increase from 2012. It’s estimated that 14 workers lose their lives every day around the country from preventable workplace accidents and exposure. Around 50,000 to 60,000 die each year from complications due to occupational illnesses.
SM v. Doe Defendant (settled on 10/14/2020) – settlement in a case involving a client who sustained a spinal cord injury and mild traumatic brain injury when he fell off a roof. The team at Arash Law secured an additional $610,000 as part of the third party settlement.– Tina Eshghieh
Who Can Be Held Liable For California Construction Site Accidents?
Determining liability in a construction accident is going to be different for every case. Not every situation is the same, which means you need someone on your side to help identify and pursue claims against liable parties. In many situations, the fault may be apportioned between multiple parties. This can mean not just a single person or company was responsible for your injuries.
For example, an individual’s negligence and faulty equipment may have both played a role in your construction injury. As such, liability will need to be split in cases like this, and it may include filing a workers’ compensation claim or a third-party claim.
California Workers’ Compensation Claims
Workers’ compensation is a form of no-fault coverage and is one of the options to file a claim against your employer under California law. Any company doing construction work has to carry a no-fault policy that provides workers’ compensation coverage for its workers. The coverage is mandatory, and all workers are covered by it. Because it is “no-fault” coverage, you don’t need to prove your employer did something wrong to receive benefits when you file a claim.
Workers’ compensation benefits do have some limitations, however. The act extends benefits to someone who was injured on the job or suffered an occupational disease that arose out of the “course and scope” of their employment, no matter who was at fault. Even if you, as the employee, were partially at fault, workers’ compensation benefits will still apply. However, if it is determined that the accident occurred when the employee was not acting in the course and scope of their duties, the workers’ compensation claim benefits may not apply.
For example, if an employee was off-the-clock or not scheduled to be there that day and was messing around with the equipment, the workers’ compensation carrier would deny the claim. If the employee is driving the construction vehicle and is involved in an accident that has nothing to do with their job duties, workers’ compensation would not likely apply either.
Third-Party Liability For Negligence In Construction Accidents
Workers’ compensation is the exclusive remedy for filing a claim against your employer (injured workers cannot bring personal injury suits directly against their employers). However, there may be specific circumstances that allow you to file a third-party liability claim against another party. Workers’ compensation does not compensate a worker for anything beyond medical expenses, loss of earnings, and permanent disability. Unfortunately, this may not be enough to cover all of the damages of injured workers. Exploring avenues for other remedies can be beneficial if available.
If there are other liable parties, like other contractors or subcontractors, or even a manufacturer, then the victim can bring a claim against them. However, it differs from workers’ compensation coverage in that you need to prove negligence in order to receive any financial compensation.
Determining who is responsible for your accident can be a challenging process. There are multiple companies, products, and people involved in a construction job. Some of these parties include general contractors, subcontractors, property owners, engineers, architects, and more. Anyone working on a project has a duty to ensure the conditions are safe for those workers completing their jobs.
Similarly, manufacturers and suppliers have a responsibility to check that the products they produce and supply are safe and won’t pose a danger to people. If a product has a faulty design or is manufactured incorrectly and someone is injured while using it, the company may be held accountable.
A third-party liability claim may allow recovery beyond what is typically available through workers’ compensation. Consulting with a California construction accident lawyer can help you understand what remedies are available in your particular situation. Identifying potentially responsible parties in construction accident cases can be complex and may require legal experience with these types of claims. An attorney can provide legal guidance and investigate whether multiple parties may share responsibility for your accident.
Suppose you were found partially at fault for your accident, and you’re wondering how it will affect your third-party liability claim. In that case, you might be surprised to learn it won’t necessarily keep you from pursuing compensation. California follows what’s known as the comparative negligence principle. This means that even if you were deemed partially at fault for your injuries, you can still seek a portion of your damages from the other at-fault parties. For example, if it’s determined you are 20% at fault for your injuries, you can collect up to 80% of your overall damages from the other party or entities.
Understanding The Differences Between Workers’ Compensation And Third-Party Claims
A construction accident can result in devastating consequences for both the worker and their family. Then, having to deal with both the workers’ compensation and civil court systems can feel overwhelming. We have a team of attorneys who focus on California construction accidents and have years of experience helping injured workers pursue third-party liability claims.
Understanding the difference between how these systems work can be confusing, especially when you are trying to concentrate on getting through the pain of your injuries. With a workers’ compensation claim, you are required to see a doctor approved by your carrier. In some situations, a workers’ compensation doctor may try to limit your treatment or prevent you from getting the level of care that you really need.
By pursuing a third-party liability claim, you will be free to see a doctor whom you choose rather than one working for your employer. Remember, a workers’ compensation doctor may not necessarily be on your side and reports back to your employer and the carrier. You may also be subjected to an IME or an independent medical examination. Despite its name, it’s really not independent at all.
IME doctors are experts who work for the workers’ compensation carriers. If they report back information that is beneficial to you and encourages additional treatment and money being spent, the carrier won’t hire them again. A skilled California personal injury attorney who has construction accident experience will walk you through how both processes work. In addition, experienced construction accident lawyers will review your case to determine whether a third-party claim could be pursued in addition to workers’ compensation.
Non-Worker Construction Accident Injury Claims
If there is a pedestrian or bystander who is injured by something at a construction site, they may have a claim as well. This individual would need to file a standard personal injury claim. There are a variety of ways a bystander could be injured at a construction site. Perhaps they are walking by and are hit by a falling object, or there is a building demolition explosion that causes injuries to someone passing by. The injured party has a right to pursue compensation from the party that was at fault for their loss.
In this case, they can pursue damages from the construction company. To recover compensation, the worker would need to prove that the company was at fault. These types of claims can be complex and often require legal guidance from a California construction accident attorney familiar with establishing liability.
Common Types Of Accidents On A Construction Site
As mentioned previously, bystanders or people passing near a local construction site have the risk of being injured as well. The men and women who work these jobs are obviously exposed to the greatest risk. Some of the more common causes of construction site accidents can include:
Falling — Not surprisingly, one of the most common causes of construction accidents involves falls. It can be from the roof of a single-story house or the scaffolding on a skyscraper. If someone survives even a low fall, there can be serious and permanent injuries.
These injuries include broken bones, head injuries, paralysis, internal organ damage, etc. Slips and falls can happen anywhere, including on a ladder, bridge, crane, scaffolding, or roof. If there is inadequate safety gear, another employee’s error (like a crane operator), or any other type of negligence, it can result in someone falling.
- Machinery Accidents — Malfunctioning or improperly maintained machines, tools, and other construction equipment can often pose an increased risk of injury. If any of them malfunctions, they can cause injuries to a bystander or the machine operator as well.
- Vehicle Accidents — Vehicles can crash due to driver negligence or malfunction. When they are involved in an accident, other people, like a pedestrian or the vehicle operator, can be injured.
- Electrocution — Electrical wiring is used in nearly all construction jobs, which means electrocution is a major risk. If you are working with equipment and cranes near overhead wires, this can increase the risk of injury.
- Exposure to Toxic Substances — There is a greater chance of being exposed to dangerous materials at a construction site. Some dangerous materials, like asbestos, chemical agents, smoke, etc., can lead to injuries or occupational illnesses.
- Structural Collapse — Construction workers who dig tunnels or trenches are at risk of the structure collapsing. New buildings may also have structural weaknesses that could cause the building to collapse, trapping workers inside and injuring passersby. Construction workers who are working on demolition projects have an even greater risk since the building’s collapse is imminent.
- Falling Objects — There is also a risk of objects falling at a construction site. These can land on workers or bystanders. Falling objects can cause significant head and brain injuries to someone.
- Respiratory Disease — Dust, dirt, chemicals, and other materials can be inhaled by workers on the job. Sometimes, this can lead to a minor infection, while other times it can lead to more serious diseases or even death.
- Overexertion — Especially on a hot day, there is a greater risk of a worker pushing themselves too hard. A worker could be working in extreme heat or cold, which puts added exertion on their body, increasing the risk of injury.
- Fire or Explosion — There can be dangerous and combustible materials at a construction site, including chemicals being stored, pipes leaking, exposed wiring, and more. There may be some jobs that have explosives placed on site as well.
- Poorly Maintained or Faulty Equipment — Operating large equipment at a construction site requires specific knowledge and taking extra precautions. If there are problems with the equipment because it is defective or because it was poorly maintained, there can be a risk of injury.
Four Most Fatal Types Of Construction Accidents
According to the Occupational Safety and Health Administration (OSHA), there are some risks that are worse than others. Dubbed the “fatal four,” these are the top four worst accidents for causing death to a worker. Construction employers need to be extra vigilant and ensure there are proper safety protocols in place to reduce the risk of these four types of incidents.
According to OSHA statistics, eliminating these four types of accidents would save almost 600 construction workers’ lives in America each year. In 2016, the “fatal four” were responsible for more than half of all construction workers’ deaths.
- Falls — in 2016, 384 out of 991 total deaths were from falls (38.7 percent). Using safety equipment and fall arrest devices can help reduce the risk of a worker falling. Employers need to follow safe practices for scaffolding and ladder use, which includes frequently inspecting all equipment to see if it’s in good condition.
- Struck by Object — 93 deaths in 2016 (9.4 percent). These can be caused by an object that falls onto a worker from above or wings into him or her. If you are wearing a hard hat, it can help reduce the severity of injuries in many cases. Workers should wear bright colored clothing as well, so other workers can easily see them.
- Electrocutions — 82 deaths in 2016 (8.3 percent). Make sure equipment is not faulty, clearly mark utility lines, have undamaged cords, and utilize lockout/tag-out systems. Workers who are operating heavy equipment, as well as those climbing ladders or using metal items, should verify where overhead power lines are located so they can avoid coming into contact with them.
- Caught In/Between — 72 deaths in 2016 (7.3 percent). This category includes workers who were killed after being compressed by, or when caught in, equipment or objects. It also includes construction workers who were crushed, caught, or stuck in a collapsing structure or equipment. One area of real concern involves trenches, which need protective systems in place. Benching, shoring, sloping, and bench shield systems can help keep workers in an evacuated location safe.
In 2023, there were 5,283 work-related fatalities in the United States. This number marks a 3.7% decrease from 5,486 fatalities in 2022. Out of all the industries, construction had the most deaths (1,075) in 2023. This was the highest number of deaths in the field since records began in 2011. 39.2% (421 deaths) of all building deaths were caused by falls, slips, and trips. Another 22.3% (240 deaths) were caused by transportation accidents.
Most Frequent Violations Of Osha Standards In 2018
During Fiscal Year 2018, which ran from October 1, 2017, to September 30, 2018, it was noted that there were 10 OSHA standards that were most frequently violated.
- Fall Protection (General Requirements)
- Hazard Communication (General Industry)
- Control Of Hazardous Energy (Lockout/Tagout) (General Industry)
- Ladders (Construction)
- Respiratory Protection (General Industry)
- Powered Industrial Trucks (General Industry)
- Fall Protection Training (Construction)
- Scaffolding (Construction)
- Eye And Face Protection (Construction)
- Machine Guarding (General)
Types Of Injuries Seen With California Construction Accidents
There are some injuries that are more common than others regarding construction site accidents. In most cases, injuries are severe or even catastrophic. Here is a look at some of the more common types of injuries seen from construction accidents in California.
- Closed Head Injuries
- Internal Injuries
- Traumatic Brain Injury
- Fractured Bones
- Concussions
- Skull Fractures
- Permanent Nerve Injuries
- Spinal Cord Injuries
- Amputation Or Loss Of A Limb
- Paralysis
- Severe Burns
- Positional Asphyxia And Suffocation
- Wrongful Death
While it’s the workers who are most often at risk for a serious injury on the job, those walking at or near a worksite could be in danger as well. If you were injured on a construction site, even if you were not an employee, a California construction site attorney can help you protect your legal rights. They can assist you in seeking compensation for damages and losses caused by an accident.
Types Of Compensation Available To Injured Construction Workers
Construction accidents can leave workers facing serious medical, financial, and personal challenges. Depending on the circumstances, compensation may come through workers’ compensation benefits or through a third-party liability claim.
- Workers’ Compensation Benefits — Workers’ compensation provides limited but specific benefits to employees injured on the job. These typically include:
- Medical treatment
- Temporary disability benefits (wage replacement)
- Permanent disability benefits
- Vocational rehabilitation (in some cases)
- Third-Party Liability Claims — If another party besides the employer is legally responsible for the accident, the injured worker may pursue a third-party claim. Available damages can include:
- Medical expenses
- Lost wages & loss of future earnings
- Pain and suffering
- Emotional distress
- Loss of consortium
- Property damage (if applicable)
Construction accident cases can involve overlapping issues between workers’ compensation and third-party liability. Speaking with California construction accident attorneys can help identify the types of compensation that may apply to your situation.
Speak With Construction Accident Attorneys To Know Your Rights
Hiring a construction accident attorney is an important decision after a workplace injury. If you have never worked with a lawyer before, the process may feel overwhelming. Preparing ahead of time can make the first meeting more productive. Write down the details of your accident while they are fresh, as this information may become valuable evidence later.
Some reasons to consult an attorney promptly include:
- Protecting your rights if the workers’ compensation carrier limits or disputes your benefits.
- Filing within the statute of limitations so your claim remains valid.
- Preserving evidence and witness testimony before they are lost over time.
When choosing an attorney, ask about their experience with construction accident cases, knowledge of workers’ compensation laws, and ability to evaluate third-party liability claims. It may also be important to know whether the attorney has trial experience and if they will be your direct point of contact. Always confirm how fees are handled, since many firms use contingency arrangements while others may bill differently.
At Arash Law, led by Arash Khorsandi, Esq., our team includes construction accident attorneys and car accident lawyers. This combined experience provides insight into cases that involve multiple parties, overlapping safety regulations, and potential third-party claims.
Call us at (888) 488-1391 or fill out our online contact form to speak with our California construction accident attorneys and learn more about your rights.
