Over $1 Billion* Recovered for Our Clients
With a commitment to providing personal, aggressive representation, BD&J helps clients navigate the California legal system. Construction accidents often result in severe, long-term injuries. Our firm can represent you in court as you seek a favorable solution. We have guided hundreds of clients to successful solutions, and we have the experience to handle a variety of legal issues that may arise.
Types of Construction Accidents
The Occupational Safety and Health Administration (OSHA) reported that nearly 1 in 5 workplace deaths in 2015 were a result of construction accidents. With the risk of construction fatalities so high, employers owe a duty of care to keep employees safe. Injuries in construction environments can be caused by several factors. These include workers’ mistakes, employer negligence, and environmental factors.
Common types of construction accidents involve:
- Slip and falls
- Electrocutions
- Becoming caught in-between objects
- Machine malfunctions
- Falling debris
- Explosions or fires
Employers must allow workers to have adequate breaks to avoid injuries from drowsiness or exhaustion. Workers can also sustain injuries from overexertion, including pulled muscles, spinal disc injuries, and bone fractures. If you have been injured in a construction accident, filing a workers’ compensation claim right away can help you seek the financial settlement you need.
Common types of construction injuries involve:
- Repetitive motion, joint, and muscle injuries
- Heat exhaustion or heat stroke
- Respiratory issues from inhaling hazardous materials
- Burns from chemicals, hot surfaces, and electrocution
- Broken bones
- Eye or ear injury
- Head or brain trauma
- Cuts and lacerations
- Hearing or sight loss
What Types of Claims Apply?
After a construction accident, you may be able to file for workers’ compensation benefits if you are covered by your employer’s policy. In California, the statute of limitations on workers’ comp claims is just 1 year, and you need to tell your employer about your accident within a few days of your accident. Ideally, you will tell them right after it happens (or at least the same day).
Workers’ compensation benefits can only do so much, though. If your injury causes a disability, then you might be able to get a portion of your missing wages, but not all of them. You also will not get any compensation for your pain, suffering, and hardships endured due to your injuries if you file for workers’ compensation.
In some circumstances, you might have a chance to pursue non-economic damages, all of your missing wages, and the cost of medical treatments not covered by the workers’ comp provider by filing a personal injury claim. You will only be able to file a personal injury claim if you were hurt as an independent contractor or your employer acted egregiously negligent and in a way that caused or contributed to your accident.
Personal injury claims are based on at-fault rules, which means the following evidence should be used to boost your claim’s validity:
- Medical records
- Witness statements
- Security camera footage
What About Fatal Accidents?
If a loved one passed away as a result of a construction site accident, you may have a wrongful death claim. Even if the accident didn’t cause an immediate fatality, consequences of an accident that later resulted in death may also be eligible for a claim.
Who Is Liable in Construction Accidents?
Construction projects involve many parties who may be liable for accidents on a construction site. The details of the incident, such as the equipment being used, the status of the site manager, the safety protocols that were in place and the identity of the injured party, help determine which party is at fault. In some cases, several parties may play a role in the accident and be liable for contributory negligence. BD&J’s construction accident lawyers can provide support in identifying who may be held liable for damages.
General Contractors
General contractors and subcontractors are responsible for the work site and its safety relating to workers, visitors, and anyone else in its proximity. These parties must ensure the construction site is free from hazards and everyone on-site conducts themselves in a manner that doesn’t subject people to harm. Negligence of the general contractor can include failing to verify the background, safety awareness, and training of employees who then cause injuries to others.
Property Owners
While contractors are responsible for the construction site’s safety, the property owner where the site is located may also bear some responsibility for construction injuries. Injured parties may be able to make a claim against a property owner if they sustained an injury as a result of hazards on the property, such as a tripping hazard, hazardous materials stored on the site, or undisclosed power or gas lines.
Architects and Engineers
Architects, engineers, and other professionals may be liable for accidents resulting from negligence in the construction site’s planning and design. Their work is often subject to professional and safety standards and, depending on their role and contract, they may be legally responsible for guaranteeing their work complies with safety specifications. Should an accident occur, these professionals may bear some responsibility, depending on their contract and the details of the accident.
Injuries due to planning or design flaws generally stem from oversights or mistakes during the design process. Engineers, for example, must perform certain inspections and assessments to ensure their work complies with safety codes.
Equipment and Machinery Manufacturers
Workers on construction sites generally use machinery, power tools, hand tools, industrial vehicles, and other equipment to perform their jobs, and defects or malfunctions in this equipment can result in serious injury or death. For example, damaged scaffolding can cause workers to fall or it can collapse onto workers standing underneath, while defective helmets, harnesses, eyewear, and other safety gear can fail to protect workers when they’re exposed to hazards. Injured parties may be able to pursue compensation from the equipment manufacturer, engineer, or seller.
Compassionate Lawyers Serving Injury Victims in Los Angeles and Throughout California
At BD&J, we care about each client. We know you are going through a stressful time, and our attorneys will work hard to provide informative, passionate representation. Throughout the process, we can discuss your options and help you make informed decisions.
In addition, we can help you file a claim, investigate the incident, and gather evidence to build your case. Our Los Angeles construction accident lawyers have experience representing clients against large insurance agencies, and we can tenaciously help you seek the compensation you deserve.
