200 Spectrum Center Drive, Suite 300
Irvine, California 92618

Call us now for a Free Consultation

Call Us: 949-629-4349

Construction Accidents: Everything to Know

Posted in Construction Accidents on October 21, 2017

The construction industry has the highest number of injuries compared to any other occupation. Sometimes construction accidents happen, and if they happen to you or a loved one, you need to know your legal rights.

construction accidents and attorneys - Nehora Law Firm

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.

Who's Responsible for Construction Accidents?

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

Each case is different, which is why speaking to an experienced attorney is essential.

Details To Know About Your Accident

  1. 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)
  2. What were the conditions of the job site? We 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.
  3. 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.
  4. How was the equipment used? If the equipment was misused, or another coworker was encouraging misuse, they will share responsibility for injuries.
  5. 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.
  6. 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.

hazard cones following a construction accident

Who Was Involved?

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.

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.

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.

Types of Construction Accidents

  1. 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, you are entitled to the compensation owed to you.
  2. Falling objects – Lower level construction workers are at risk for falling objects including cranes, tools, trash, ladders, etc. If an object landed on your head, it may have resulted in a potential traumatic brain injury.
  3. Dangerous/defective tools, machinery or equipment – Power tools can malfunction causing serious injury to the user.
  4. 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.
  5. 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.

For help regarding a construction injury case or to hire an experienced personal injury attorney, contact us today.

Disclaimer - The information on this website is not intended to, nor does it constitute legal advice. Similarly, no attorney client-relationship is formed by any person’s use of this website. Please see our Privacy Policy for further information and our terms of use.