The construction industry has the highest number of injuries compared to any other occupation. Sometimes accidents happen, and if they happen to you or a loved one, you need to know your legal rights. Each injury and circumstance is different, therefore it's important to gather all the details for your personal case to determine who is at fault and any compensation you're owed. Hiring an experienced construction accident lawyer can help you out every step of the way in this difficult time.
Some parties to look at include:
- Your employer
- Independent contractors on site
- Manufacturers of the tools/equipment you were using to cause injury
- General contractor
- Owner of the property
- Coworkers handling machines or tools poorly to cause injury
Details To Know About Your Accident
- Where did the accident occur? Construction workers' locations change day-to-day. Where the accident took place is a main concern. (Ex. In a vehicle, business office, on a roof)
- What were the conditions of the job site? Attorneys need to know if the work place was up to legal standards. If conditions weren't being maintained correctly, whoever controls or cleans the ground is at fault.
- What equipment was involved? Any tools or vehicles involved and where they were bought/sold. If maintenance wasn't up to code, the party responsible for maintaining it is at fault.
- How was the equipment used? If the equipment was misused, or another coworker was encouraging misuse, they will share responsibility for injuries.
- Who had control over the site and equipment? If multiple parties supervise the site, it's important to see who had authority over the equipment and site when the injury occurred.
- Who do you work for? In a lot of cases they employer is at fault, be sure to know who your employer works for if he's an independent contractor.
After more evidence is gathered, deeper questions will be asked about each of these scenarios. Getting all the details is crucial for to determine who is at fault for any injuries sustained while working. Identifying every single party involved is important for any insurance claim lawsuits. Hiring an experienced construction accident lawyer is the best plan. Take a look at our about us page for additional information about how we handle construction accidents.
Employer Responsibility and Worker's Compensation
Employers are legally responsible for providing a safe work environment for all of their employees. These details are labeled under state and federal laws. Often they're the party at fault for your construction injuries. There may be limitations on suing your boss directly, but a compensation claim may be filed. Specialized attorneys can help with your customized case and will know any restrictions or laws in your state. You can find additional information about these issues on our practice page corresponding with construction accidents or by scheduling a free consultation with an Orange County Construction accident lawyer.
Insurance Carriers & Insurance Coverage
The workers' compensation law and insurance carrier are for both parties' benefit. Your employer doesn't have to pay a large amount and you get compensated through insurance for the type of injury you sustained. There are instances however where you may pursue financial compensation in addition to worker's compensation which is called a third-party claim. For example, if you were hurt because a machine malfunctioned, you can file a third-party lawsuit in court, seeking extra damages for your losses. Worker's compensations only accounts for the carelessness of an employee or employer. However if a loved one has died as a result of a construction injury, contact a wrongful death attorney immediately. You can learn more about lawsuits arising out of accidents resulting in death by visiting our practice area page.
Types of Construction Accidents
- Falls from heights - Being at high elevations pose a serious injury threat. Guard rails and preventative measures should have been in place. If you fell and sustained a serious brain injury, hiring a brain injury lawyer is ideal.
- Falling objects - Lower level construction workers are at risk for falling objects including cranes, tools, trash, ladders, etc. Traumatic brain injury attorneys can be ideal in these instances as well if an object landed on your head and resulting in a potential traumatic brain injury.
- Dangerous/defective tools, machinery or equipment - Power tools can malfunction causing serious injury to the user.
- Not training effectively - If the employee doesn't have the skills necessary to complete a job safely it's the employees job to check and train. Contractors may hire them to cut costs. Not supervising properly is another employer red flag.
- Motor vehicle accidents - Sites often have a lot of heavy traffic coming and going. Deliveries and other-site vehicles pose a threat if there's not clearly marked pathways on site.