Construction sites can be very dangerous not only to the people working on the site but also to people visiting the site or walking by. Construction accidents can result in a variety of severe and sometimes permanent disabilities such as:
- loss of a limbs,
- partial or complete blindness,
- nerve damage and paralysis,
- traumatic head injuries,
You Have Been Injured in a Construction Accident in Los Angeles?
If you have been injured in a construction accident in Los Angeles, your rights depend upon whether you were a bystander or a worker at the site. When you are injured as a bystander, normal personal injury law applies and the parties at fault are responsible for paying for your damages. The situation is more complex if you are an employee at the construction site. Other factors are involved in worker cases such as specific legal requirements for claims against employers and workers compensation law. Skilled and experienced legal representation is vital so that construction accident injured workers get the compensation that the law entitles them to receive.
Types Of Construction Accidents Occur On a Site
Construction is one of the most dangerous occupation sectors in the country. It is consistently in the top of the Bureau of Labor Statistics lists for most fatalities and injuries. One out of six worker fatalities occurs in construction. There is a wide array of construction accidents that can occur on a construction site. Some of these include:
- Heavy equipment malfunctions
- Nail gun accidents
- Scaffold accidents/Falls
- Explosions
- Highway construction accidents
- Toxic chemical exposure
- Motor vehicle accidents
- Electrical accidents
- Forklift accidents
- Open pits and trenches
- Fires
- Bystander accidents
Injured Worker Under The California Workers’ Compensation Act?
Most construction workers are aware that should they suffer injury on the job, they can file a claim for workers’ compensation benefits. This is one source of compensation available to the injured worker under the California Workers’ Compensation Act. An employee is entitled to workers’ compensation benefits even if they were partially or completely at fault for their injuries at work. Medical treatment can be extremely expensive, not to mention the loss of wages due to the disability or injury. Yet workers’ compensation often does not sufficiently cover the damages suffered by the worker. And except for very specific circumstances, an injured employee cannot sue their employer for negligence. In these construction accident cases the injured worker should consider pursuing a case for damages against any liable third party.
In a third-party suit, the worker can recover damages in the form of lost wages, impairment of earning capacity, medical costs, future medical costs, pain and suffering, and loss of consortium. However, the burden of these cases is that the negligence of the third party must be proven by the injured individual. Third-party claims can result in substantially greater compensation than what an injured worker receives through workers’ compensation. It is not always easy to determine who is responsible for a construction accident. A construction project typically involves many different companies, people, and products. Property owners, multiple contractors and subcontractors, architects and engineers all bear a responsibility for providing a safe work environment at a construction site. Equipment manufacturers and suppliers also have a duty to supply safe equipment and materials.
Determine Liability of Your Los Angeles Construction Accident Lawyer
When trying to determine liability your Los Angeles construction accident lawyer must have an understanding of all relevant federal, state, and OSHA laws and regulations governing construction sites. An investigation should be initiated as soon as possible. The site should be quarantined from the public to preserve all potential evidence. It is critical that the site is investigated before anything can be moved or changed by other workers or the weather. At times, it has even been necessary to obtain court orders to preserve the evidence. In addition, it is important to get statements from any possible witnesses and identify all the contractors, subcontractors, and even the material suppliers. Right after contacting an Los Angeles construction accident attorney, it is very helpful to contact OSHA as well as local authorities.
Surveyors, engineers and builders alike traverse construction sites day after day, with dangers lurking at every turn. These individuals follow safety standards and laws that protect their livelihoods each day.
At Custodio & Dubey LLP, our experienced construction accident attorneys in Los Angeles, CA understand that one negligent move can cost our clients their well-being. Our Los Angeles construction accident lawyers have represented individuals who work in the construction industry, and those who were injured visiting sites, or simply walking by. We work hard to ensure our clients – no matter how they were injured – have access to the best settlement possible, so they can receive the best care available while maintaining their lifestyle while out of work.
