Worst Forms of Construction Accidents
According to the Occupational Safety and Health Administration (OSHA), about 20% of all workplace fatalities happen in the construction industry. Of those fatalities, the majority of them can be attributed to the OSHA "Fatal Four" hazards.
OSHA’s “Fatal Four” hazards include:
- Falls from heights
- Being struck by falling or moving objects
- Getting caught in or between heavy equipment
Of course, there are many other dangers around a busy construction site, such as the risk of exposure to toxic chemicals, scaffolding collapses, open flames, pressure explosions, and more. When safety protocols are not kept at the forefront of daily Jobsite discussions, the risk of these hazards only increases.
Common Injuries Sustained on the Job
Common serious injuries that construction workers are at risk for include:
- Deep lacerations (cuts)
- Exposure to toxic substances
- Spinal cord injuries
- Chemical burns
- Back and neck injuries
- Crush injuries and internal organ damage
- Traumatic brain injuries (TBI)
- Broken bones
BD&J recognizes that many of these injuries are life-changing, and we fight hard to give you the exact compensation you deserve.
Workers’ Compensation Claims for Construction Accidents
When a construction worker has been injured on the job, the first thing they must do is determine if they have workers’ compensation coverage. If workers’ comp is available, then California liability laws will them to file for damages through the workers’ compensation system first. The employer will most likely not have to answer to a personal injury claim as long as workers’ comp benefits are given to the injured employee.
Workers’ comp benefits that are usually provided to injured construction employees include:
- Payment for all necessary medical treatments
- Portion of missing wages if the claimant is temporarily unable to work
When Can You File a Personal Injury Claim?
The benefits provided through workers’ compensation might not do too much to keep you financially stable while trying to recover from your injuries. After all, it does not provide for 100% of your missing wages, it does not cover medical treatments deemed to be elective, and it does not consider your pain and suffering at all. If you want to be compensated for these additional forms of damages, then you should speak with our Riverside construction accident lawyers to see if you can file a personal injury claim after your accident.
You might be able to file an injury claim if:
- You are an independent contractor: Many construction workers are not employees but are independent contractors instead. As such, they are not afforded workers’ compensation coverage. While this is generally not ideal, it does allow an injured worker to file a personal injury claim against the construction company if an accident occurs at no fault of their own.
- Your employer acted egregiously negligent: In rare cases, an employer can be sued for compensation after that employer’s egregious negligence causes an accident, even if the plaintiff has already received workers’ comp benefits. For example, if a construction company encourages people to drink while at work and a drunk coworker hits you with their bulldozer, then you could probably sue your employer for their wanton disregard for safety.
Ready to File a Claim? Contact Us Now
We should get to work on your construction accident claim sooner than later to give it a greater chance of success. Waiting too long to collect or examine evidence of liability can make that evidence weaker in a claim. Also, the insurance company that answers your claim is likely taking steps to defend themselves already. If you are ready to get your case started or just want to know more about your rights, reach out to our Riverside construction accident lawyers now.
Contact BD&J by calling (855) 906-3699 at any time.