What do I do? I’ve been injured in a construction accident.
If you have been involved in a construction accident, you’re not alone as construction accidents continue to be the number one cause of job-related deaths in America with 1 out of 10 workers injured on the job each year. Our Law Firm comes across many types of injured construction workers, including builders, roofers, electricians, carpenters, dry wallers, engineers, cement pavers, and the list goes on. We see many causes to construction accidents, but all too often the construction accident happens due to a general disregard for safety. Unfortunately, dangerous working conditions, poor training & work methods, and unsafe equipment contribute to avoidable construction accidents.
Types of Construction Accidents
Potentially Dangerous Construction Site Equipment
| scaffolding | pressure vessels | back hoes |
| cranes | derricks | gas detectors |
| power tools | hoists | woodworking tools |
| ladders | conveyors | scrapers |
| trucks | winches | bulldozers |
| heavy equipment | graters | tractors |
| forklifts | boilers | electrical equipment |
| welding equipment | saws | construction tools |
Who bears the responsibility of negligence when construction accidents occur?
The employer is obligated to maintain a safe working environment to avoid worker injury. While more precautions have been taken to protect construction workers from injury, the pressure to get the construction job done continues to lead to injury and death. Adhering to stringent safety standards and meeting established regulations is not a choice, it is a requirement. Not complying with safety standards and regulations jeopardizes worker safety and therefore, is cause for action against the negligent employer/ prime contractor. According to Occupational Safety and Health Administration regulations, the prime contractor is responsible for safety at the construction site and for compliance with all safety regulations. The construction site’s General Contractor and his sub-contractors are responsible to assure the safety of their workers. Supervisors must maintain a safe workplace throughout the project, minimizing potential hazards as much as possible.
Sometimes defective or dangerous products and equipment may be at fault and liable for damages. Manufacturers of construction equipment are held responsible for designing and maintaining safe products for worker safety.
California Construction Accident Rules
In California, the joint and several liability rules apply to all entities who share responsibility for a worker’s injury. Our law firm investigates the accident thoroughly and pursues all parties contributing to the accident law when seeking recovery for lost wages (both past and future) , medical bills (both past and future) and pain and suffering.
I’ve been injured in a construction accident, what do I do now?
- Immediately, seek medical treatment. Be sure to report all injuries, even the less painful injuries.
- Report the accident immediately.
- Gather Witnesses – obtain names, telephone numbers and addresses of any witnesses.
- Take pictures, or ask a co-worker take pictures to document the accident scene
- Identify the main/principle contractor/s or subcontractors on the job site responsible your injury
- Don’t make written statements, don’t discuss your accident with anyone, don’t assume blame for the accident, and don’t sign any forms.
- Seek a qualified personal injury attorney to advise and represent you.
What recourse do I have?
First, Workers Compensation is available in California without having to go to court to collect your benefits. Workers compensation may cover some of your expenses but often is inadequate when a construction worker is seriously injured on the construction site. In addition, corporations often use high paid defense attorneys to keep the injured workers from receiving total Worker’s Comp benefits to save money for both the corporation and their insurance company.
Contact a qualified Personal Injury Attorney with experience dealing with insurance companies and big corporations
Construction accident cases are often complicated. It is important you consult a experienced attorney familiar with California law immediately following the accident to advise you in your effort to recover your lost wages, pay for medical bills and obtain compensation for pain and suffering. A serious injury may require months – possibly years – to recover and get back to work. Our firm understands what it takes to fight big corporations and insurance companies in getting you the benefits you are entitled to when injured on the job. Give us a call, there’s no cost for the consultation.
Contact us for a Free Consultation
Elder Abuse Case, Bates vs. Presbyterian Intercommunity Hospital
Under certain provisions of the law, located at Welfare and Institutions Code §15657 (often referred to as the Elder Protection Act), a prevailing party in an Elder Abuse case can recover attorney’s fees, and costs. A defendant, however, is not permitted to recover these under this Act.
A recent California Supreme Court case addressed the liability of a school district for the sexual abuse/misconduct allegations against a school counselor in C.A. vs. Hart Union High School District. In this case the plaintiff/student alleged that the school district was liable for the conduct of the counselor.
Personal Injury Newsletter – August 2011
In Howell vs. Hamilton Meats, the Supreme Court held that an injured party could not recover the amount of the medical bills that were billed, only the amount that was paid.
