Generally, when an employer has workers’ compensation insurance, workers cannot sue them for personal injury. In the State of California, the California workers’ compensation statute requires all construction companies to carry no-fault workers’ compensation insurance coverage. That means that every construction employee in California must be covered. When an accident happens, the injured party must fill out a construction accident claim. The injured party does not have to prove that their employer did anything wrong to be eligible for benefits.
At times, workers’ compensation may not be enough to compensate the injured party for their damages, or there may be a dispute as to the cause, nature, or extent of injuries.
Also, even when an employer has workers’ compensation, the injured party can still file a personal injury claim against a third party that was negligent in causing their injuries. At any given time, there may be many different companies involved in the operation of a construction site. Typical “third-parties” include:
- Construction site owners. In these cases, liability will depend on the degree of control the owner had over the premises.
- General and sub-contractors. Both general and sub-contracts owe workers a duty to provide a reasonably safe construction site.
- Manufacturers. Any party in the chain of distribution, including manufacturers, retailers, and wholesalers, may be held liable if a defect in their product causes an injury.
Who Can be Held Liable?
Construction accidents can happen for a number of reasons. OSHA requires employers to have permits, conduct regular inspections, and implement job safety programs to limit workplace accidents. Even still, negligence, product defects, and failure to follow safety policies and procedures cause construction site accidents.
Some of the leading causes of construction accidents include:
- Insufficient training;
- Poor safety precautions and oversight;
- Crane accidents;
- Scaffolding accidents;
- Slip and falls;
- Defective equipment;
- Mechanical hazards;
- Exposure to toxic substances; and
- Falling objects.
Common Causes of Construction Site Injuries
Sadly, accidents on construction sites remain far too common. Statistics show that the number of construction site injuries are rising. Even with many state and federal regulations to ensure that construction sites are safe, the most common safety violations, like fall protection, general scaffolding requirements, and use of ladders as cited by the U.S. Occupational Safety Health Administration (OSHA), frequently occur on construction sites. Thousands of construction workers and innocent passerby are injured and even killed in accidents every year.
Construction accidents can lead to devastating and life altering injuries. Victims deserve the maximum available compensation to minimize stress in paying for medical bills and providing financial support for their families. If you have been injured in a construction accident, it is important to contact an attorney who has experience handling third-party injury claims because construction site injuries present complicated issues.
Compensation Available for Construction Accident Victims
Construction accidents can cause severe injury ranging from physical, financial, and psychological. Some may be financial as a result of medical bills and providing for family while you’re still not able to work. There may be psychological pain related to the trauma of a serious injury and permanent injuries that have life-altering affects. By filing a lawsuit against a negligent party, an attorney can help you recover compensation for your injury, which include:
- Loss of wages;
- Medical expenses;
- Counseling costs;
- Physical therapy; and
- Pain and suffering.
To schedule a complimentary consultation with experienced personal injury lawyer Christopher Kreeger, contact us today at (916) 782-8400.