Have Counsel On Your Side After A Construction Accident
Construction site accidents in California are particularly complicated. The remedies available to the injured party will vary depending on their status on the work site. An injured worker will have the remedy of workers’ compensation and the potential remedy of third-party liability against another contractor. If the injured party is a bystander who is not a worker, their remedy will be a liability case against the at-fault contractor.
It is important to contact the lawyers at Padilla Law Group, LLP, an experienced, complex construction site law firm, as soon as possible after the accident. For more than 40 years, our team has advocated for the rights of injured workers. We have helped numerous clients get the compensation they deserve to cover expenses like hospital stays, lost wages and more.
What Types Of Accidents Do Construction Workers Face?
Construction is one of the most dangerous industries for on-the-job injuries. Its high-stakes physical nature means that even the most careful of laborers who follow safety tips can encounter numerous hazards every day. Employers have an obligation to keep construction sites safe. However, far too many choose to disregard safety procedures, leading to severe injuries. Some of the most common accidents that construction workers suffer include:
- Scaffolding accidents
- Slips, trips and falls
- Machinery malfunctions
- Crushing incidents
- Ladder accidents
- Explosions and burns
- Falling debris
In some severe cases, multiple incidents occur and lead to incredibly severe, painful injuries that can last a lifetime. Often, the physical damage from a construction site accident requires medical treatment and rehabilitation that costs tens of thousands of dollars. And, unfortunately, workers’ compensation might not cover all of it.
What Is The Importance Of Establishing Liability?
Construction accident lawsuits in California require proof that the at-fault contractor affirmatively contributed to the happening of the event. This can be by doing something or by failing to take a precaution required by working conditions. If you can establish the liability of the third-party contractor, the injured worker would be entitled to past and future general damages, including pain, suffering, emotional distress, loss of quality of life and physical impairment. The gathering and preservation of evidence is crucial.
At Padilla Law Group, LLP, our team is devoted to getting the fair and just compensation that you need to cover your current and future damages. We do everything in our power to investigate the accident scene swiftly and thoroughly. Then, we build a strategy to secure maximum compensation while explaining the process to you.
Who Can Be Held Liable For A Construction Accident?
It will depend on whether the injured person is a construction worker at the site or a visitor/passerby. When workers are injured in accidents involving their own co-workers or due to the actions of their employers, workers’ compensation may be the only source of compensation available. This is because workers’ comp laws generally absolve employers of legal liability in exchange for offering benefits.
That being said, construction sites often have workers from many different employers working at the same time. If a worker is injured by the negligence of someone other than their employer or co-workers, they can pursue a third-party liability claim against the at-fault parties.
Injured guests and passersby have more legal options than workers because they are not constrained by workers’ compensation laws. In cases when a visitor/passerby is injured, they can hold the property owners and property managers liable for their injuries. Liability may also extend to the specific construction contractor responsible for causing the accident/injuries.
Who Is Legally Responsible For Defects In Construction?
If you are a property owner in California and have experienced a construction defect, the first source of liability will generally be the builder/developer. Numerous other parties may also be liable, depending on the type of defect. If the defect was design-related, the architect or structural engineer may be jointly liable. If the defect was related to poor-quality building materials, the suppliers of those materials could also be held liable. These kinds of claims can be complicated, which is why it is important to work with a skilled attorney.
What Constitutes Construction Negligence?
Like other workplaces and surrounding areas, construction sites need to be kept reasonably safe for workers, visitors and passersby. In other words, property owners/managers owe a duty of care to others at the site and passing by the site. If their actions or inactions violate that duty of care and cause injury to others, they may be held liable for negligence.
As noted above, the specific duties of care and the legal remedies available depend on the relationship between the property owner/manager and the person who is injured.
Contact A Construction Injury Lawyer To Learn About Your Options
As a construction worker, you deserve compensation for the damages you suffered from your workplace accident. To protect your claim and legal remedies, please contact the construction accident specialists at Padilla Law Group for a free consultation. Our attorneys are compensated on a contingency fee basis. That means, we advance all the costs to investigate and prosecute the case. You pay nothing until we win your case for you. Call us at 858-480-6182 or send us an email to request your free consultation.