Construction work is one of the most dangerous jobs even under the best of circumstances. A construction accident lawyer knows the type of injuries that construction workers may face and understands how severe they can be. Accidents occur when the companies fail to follow the best safety plans or they use faulty equipment. The four most common types of construction injuries occur from:
- Being struck by objects
- Getting pinned or caught between objects
How Often Do Construction Accidents Occur?
Construction sites must be properly laid out and maintained to prevent accidents. Sadly, some companies still fall short of following established safety guidelines. Those examples of disobedience can have serious consequences. The United States Bureau of Labor Statistics recorded 1,034 fatal work injuries in the construction industry back in 2020. The agency also notes that one in five workplace deaths that year occurred in the construction industry.
Many of those fatal accidents occurred because companies failed to put the proper safety measures in place. The Occupational Safety and Health Administration (OSHA) previously listed the top ten most frequently violated safety standards. According to that list, the safety guidelines that companies ignore the most are the ones related to fall protection. In addition, issues related to using ladders, scaffolding, and fall protection training are also frequently violated.
Given how frequently construction companies fail to abide by those guidelines, it should be no surprise that fatalities stemming from fall accidents are so common. Partner with a construction accident lawyer at a San Diego workers compensation law firm if you recently had a fall at your job. Hold your employer accountable for creating an unsafe working environment and recoup the compensation you deserve.
What Are Examples of Common Construction Accident Lawsuits?
What legal actions can you take together with your construction accident attorney? Let’s go over them in this section of the article.
Workers Compensation Claims
In all likelihood, the appropriate lawsuit for you to file following your construction accident is a workers compensation claim. Workers compensation is a form of insurance that offers benefits to employees who either get injured or fall ill on the job. Relatively speaking, this is also an easier claim to make for employees because it does not require them to prove fault on the part of their employer. Hire a San Diego workers comp lawyer if you intend to file this claim.
Personal Injury Claims
A worker can file a personal injury lawsuit if they believe someone’s negligence directly led to their injury or illness. Personal injury cases account for different issues. For example, personal injury lawsuits cover car accidents, slips, falls, and product liability cases. Partner with a workplace injury lawyer to help you proceed with that case.
Wrongful Death Claims
Technically, wrongful death claims are also personal injury cases, but we are separating them here because they manage them differently. In California, the decedent’s spouse, children, or grandchildren can file a wrongful death lawsuit. If the decedent had no spouse, children, or grandchildren, anyone entitled to their property by intestate succession could move forward with the wrongful death claim.
What Are OSHA Rights?
Employees must be able to work in a safe environment. That is not an aspirational goal for businesses. However, it is an employee right that is mandated by OSHA. So, what does providing a safe working environment mean for businesses? For starters, employees have a right to demand a safe workplace without fear of punishment. If your employer retaliates against you, inform them that they have violated the law and begin taking legal action with your workers compensation attorney.
Employees also have the right to adequate health and safety training. Therefore, your employer should give you the knowledge and skills required to complete potentially dangerous tasks. All workers have the right to request information about their medical records, injuries, or illnesses that their co-workers sustained, safety tests their employer conducts, and any chemicals used at their workplace.
If you want to file an OSHA complaint, your employer legally cannot stop you from doing that. Workers can also request an OSHA inspection if they have concerns about the safety of their working environment. Companies may attempt to tamp down any efforts by their employees to exercise their OSHA rights. Do not allow that to happen at your place of employment. Instead, reach out to a lawyer to ensure that you can use your OSHA rights freely.
Common Construction Accidents and Their Causes
Construction sites can quickly become hazardous working environments due to negligence. In this section of the article, we will highlight the common construction site accidents that stem from negligent acts.
Fall Accidents – Fall accidents are fairly common at worksites. Unfortunately, as we discussed earlier, those falls can also be deadly. These accidents are commonplace at worksites because many companies fail to follow basic safety guidelines. For example, they fail to put up barriers that could prevent workers from falling.
They may also neglect to enact cleanup practices that can prevent slip and fall incidents. Do not forget about the fall accidents resulting from workers using equipment such as ladders and scaffolding. When you account for all of those factors, it is not hard to see why fall accidents are worksites are so prevalent. Quickly enlist the help of a workers comp lawyer if you are involved in one of those accidents.
Accidents Caused by Moving Objects – All kinds of heavy objects are flying around at construction sites. You have nothing to worry about as long as they handle them properly. Unfortunately, those potentially dangerous objects are not always handled with the required level of care. Inexperienced workers may need to move those objects around and do not always understand how to do things the right way.
Any company that fosters that kind of working environment should be held accountable for putting its employees in such a hazardous situation.
Electrocution Accidents – Many workers also suffer from electrocution at their respective places of employment. These accidents often happen because some companies do not do a good enough job of securing their facilities. They may also neglect to provide the proper signage to warn their workers about electrical hazards.
The risk of electrocution is something all construction companies must take seriously. Otherwise, they could find themselves on the hook for a massive lawsuit payout.
How Can a Workers Compensation Attorney Help?
Contacting a San Diego work injury lawyer is one of the things you must do following your workplace accident. But why is that so important? The reasons below should provide the answers you are seeking.
Help You File the Appropriate Claim
After suffering a workplace accident, you will likely have to choose between filing a workers compensation or a personal injury claim. Each option has pros and cons, so you must determine which one makes more sense for your current situation. Your attorney or denied workers compensation claim lawyer can provide helpful insight and tell you which claim you should pursue. Once you determine which claim you want to go with, your attorney will help you get the process going.
Help You Gather Evidence
Although proving fault is not a requirement in workers compensation cases, workers still need to collect evidence to bolster their claims. This is where your attorney comes in. Your attorney can handle the task of collecting evidence on your behalf. They can collect your medical records, your employment details, and any other materials that are pertinent to your claim. Let your attorney do their job so you can focus on your recovery.
Help with Your Appeal
After filing your claim, your employer’s insurer may deny it for reasons you do not fully understand. However, do not lose hope even if something like that happens. Appealing that decision is still an option, and your attorney will help with that. They can guide you through the appeals process and keep your chances of recouping compensation alive.
What You Need to Know About Workers Compensation Accident Injury Benefits
Construction work accidents are not only common, they are often serious. The worker may need surgery and/or ongoing medical treatment. They need time off from work to heal. They may even be injured so severely that they are never able to return to their job.
Any time a construction worker is injured on the job, they are eligible for workers’ compensation. It doesn’t matter if they are injured due to their own carelessness or due to the negligence of the company. Their benefits typically include weekly payments at a rate of 66 and 2/3 percent of their regular salary. You will also receive reimbursement for your medical expenses.
Many injured workers find that the workers’ comp benefits aren’t enough to compensate for their pain and suffering. They usually can’t sue their employers since workers’ compensation insurance is provided to protect the employer from lawsuits. The law is different when your injuries are caused by a third-party.
A number of factors can place the liability for construction-site accidents on a third party. It all comes down to whether anyone involved in the safety of the workers was negligent. Employers are obligated to warn workers of potential hazards and hire employees who are appropriately trained to use the equipment. They must coordinate the job for optimal safety and monitor the worksite to ensure all safety specifications are followed at all times. When they fail to meet their obligation, they are considered negligent.
Sometimes the manufacturer who makes the equipment you use is liable for an accident. If they fail to design the equipment appropriately or use unsafe materials, they can produce products that are defective or dangerous. Using these tools to perform your work puts you at a greater risk of having an accident and a personal injury.
Time Limits On Your Claim
The clock starts ticking as soon as you get injured on the job. Report your accident and injury to your supervisor right away. Don’t wait to see how severe your injury is or how well you heal. You have a limited amount of time to file your claim.
It can be difficult to understand your rights under workers’ compensation law. Most people have no idea how much they will need, or how much they deserve, for their medical bills, pain & suffering, and lost income. A construction accident lawyer from The House of Workers’ Compensation can help you understand your rights. We will provide you with a free evaluation of your case and advise you on whether to pursue a personal injury claim.
You can bet that your employer’s insurance company has lots of great attorneys to help them pay less. Make sure you have experienced, aggressive representation too! You deserve compensation for your injuries. We will make sure you get the best possible outcome in the shortest time.
Construction accident injuries can have a devastating impact on every area of your life. You shouldn’t have to worry about the impact it has on your finances and the people who may depend on you.
Construction Accident Lawyer in San Diego
Do you need a construction accident lawyer or a workers compensation lawyer in San Diego? If so, we at The House of Workers Compensation are ready to provide our services. Reach out to us today, and we will help you push ahead with your claim.
Some of the locations our San Diego workers comp lawyers serve include: Chula Vista, Oceanside, Carlsbad, Coronado, Escondido, El Cajon, Poway, Del Mar, Encinitas, San Marcos, La Mesa, Vista, National City, Julian, Santee, Imperial Beach, Lemon Grove, Spring Valley, Solana Beach, Fallbrook, Bonita, Lakeside and more.
Contact The House of Workers’ Compensation to talk with us about your case today. If we don’t win, you don’t have to pay!