According to the Occupational Safety and Health Administration (OSHA), falls and scaffolding accidents, machinery, and inappropriate hazard communication are among the most common causes of injuries at construction sites.
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The employees on these sites are usually the most vulnerable.
If you are injured on the job, you may be eligible for workers’ compensation benefits from your employer. If you or your employer were at fault for the accident that caused your injury, this might be your sole source of compensation. However, many worksite accidents are caused by the negligence of a third party, in which case you might file a personal injury claim for additional compensation.
Many diverse parties are often involved in a construction project, and any of them could contribute to unsafe conditions that could lead to an accident.
The following are examples of third parties who could be considered negligent:
In the event of a construction site accident, personal injury claims may be made on the following grounds:
The majority of personal injury cases are founded on someone else’s negligence. A plaintiff must show the following to prove negligence in a construction accident case:
Overall, the defendant had a duty of care to the plaintiff; the defendant breached this duty through negligence, and the defendant’s fault was a significant factor in causing harm or death.
Further, the defendant would be liable for the plaintiff’s losses if the plaintiff could prove that the defendant was negligent in inducing the construction accident.
An accident on a property owner’s land can be held accountable. Property owners and occupiers incur a duty of care to others under “premises liability” laws to keep the property safe from dangerous situations. The amount of responsibility is determined by the property visitor type.
The plaintiff must show the following in a premises liability personal injury lawsuit:
Construction zones should have warning signs or barriers to prevent individuals from walking into unsafe areas. Accidents in the construction industry could include the following:
A poor or defective product can cause some construction accidents. According to product liability regulations, whoever creates, manufactures, or sells a defective product is solely responsible for any harm caused by it. Even if the creator, producer, or seller was not negligent, they are nonetheless accountable.
Civilians can file a construction accident case to claim workers’ compensation benefits for the financial and non-economic losses they suffered because of the at-fault party’s actions.
To be eligible for compensation, the civilian must provide proof of four critical facts:
Assume a visitor to a construction site falls into a hole that an employee did not properly mark. Because companies are often held liable for their employees’ acts while performing their job obligations, the visitor would most certainly file a case against the construction company. The employee’s omission to properly mark the hole would be considered a breach of duty.
Video surveillance, medical records, and witness testimony are all evidence that the civilian can use to prove the cause and negligence of duty. However, without the resources and experience of a personal injury lawyer, proving a construction accident claim can be difficult.
Workers’ compensation may cover injuries sustained on the job due to a construction mishap. The injured construction worker, however, may be eligible to file a personal injury case depending on who was injured and who was at fault for the accident.
Workers’ compensation is insurance restricting a worker’s legal rights. Injured construction workers may not be able to sue their employer, but they may be able to file a workers’ compensation claim. This construction workers’ compensation claim will cover medical expenditures and wage replacement for the injured worker.
Construction workers gain the benefit of not having to prove employer negligence in the event of a working accident. However, compensation may be limited, and the wounded worker may have to deal with a denial of their claim by their employer or insurance company.
Individuals harmed on the job may still be able to launch a personal injury claim against negligent third parties or an independent contractor. To find out if you are entitled to bring a compensation claim, contact a personal injury lawyer through Ehline Law.
Many people working on a construction site are considered independent contractors. Contractors who are hurt on the job may be eligible to bring a personal injury lawsuit against the person who caused the accident.
Injured workers may also bring a personal injury claim against any third-party defendants who are at fault for accidents on construction sites. This could be a landowner, a manufacturer of the equipment, or a contractor.
Even if the accident victim was partially to blame, they could nonetheless pursue a case against others who contributed to the tragedy. The plaintiff can still obtain damages based on how much each party was at blame under California’s “comparative fault” legislation.
When more than one party is found to be responsible for the plaintiff’s injuries, the jury will assess what percentage of each party is to blame for the plaintiff’s injuries. The sum of the percentages must equal 100 percent.
Further, the jury will decide the total amount of damages. The plaintiff might seek damages based on the level of fault by the defendants.
Construction workers are at a higher risk of suffering life-altering catastrophic injuries due to the dangers they encounter on the job.
Our Los Angeles construction accident lawyers have assisted clients in recovering workers’ compensation benefits for injuries sustained in construction accidents, including:
Following a Los Angeles construction accident, the actions you make will have a substantial impact on any future legal claims you pursue. The following suggestions can help you stay safe and also get reasonable compensation for your construction accident injuries.
In California, you must notify your employer of your construction accident injury within 30 days of the incident. You must also submit a completed Workers’ Compensation Claim Form (DWC 1) to your employer within one year of the date of the injury. If you’re suing a third party for negligence, you usually have two years from the date of the injury to file your claim.
Contact a California construction accident attorney at Ehline Law firm for a free consultation if you don’t believe that you’re being fairly compensated for your injuries. An expert attorney can assist you in getting your claim on track to concentrate on your recovery.
Michael Ehline is an inactive U.S. Marine and world famous legal historian. Michael helped draft the Cruise Ship Safety Act and has won some of the largest motorcycle accident settlements in U.S. History. Together with his legal team, Michael and the Ehline Law Firm collect damages on behalf of clients. We pride ourselves in being available to answer your most pressing and difficult questions 24/7. We are proud sponsors of the Paul Ehline Memorial Motorcycle Ride, and a a Service Disabled Veteran Operated Business. (SDVOB.) We are ready to fight.
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