The construction industry is one of the most dangerous in which people earn a living on a daily basis. There are many risks that construction workers face, and their employers do not always do the best job of keeping them safe.
Construction workers face a 70 percent higher risk of injury than employees in other industries. According to the Occupational Health and Safety Administration, nearly 20 percent of all worker deaths occur on construction sites.
Common Construction Accidents in Santa Clarita
Common types of construction accident cases we handle include:
- Slip, trips, and falls
- Struck by accidents
- Caught-between accidents
- Falling construction debris
- Fires resulting in burns
- Machinery accidents
There are strict OSHA compliance rules that construction employers must follow. However, many employers have a poor safety records, risking OSHA enforcement actions. The problem is that OSHA punishment does little to help you get financial compensation for your injuries.
Financial Compensation for Construction Accidents in Santa Clarita
Construction injuries are considered workplace accidents. The same rules that apply to any on-the-job injury will also apply here. The main rule is that you cannot sue your employer for a work-related injury if there is a workers’ compensation policy. It does not matter whether your employer was negligent.
The good news is that there is still a route to financial compensation for you after a workplace injury. You can file a workers’ compensation claim covering your medical expenses related to your injury and part of your lost wages up to a certain cap. So long as your injury was work-related, it does not matter whether there was any fault for your injury (even yours). All you will need to do is:
- Notify your employer within 30 days after your injury
- See an approved physician to have your injuries diagnosed
- File a workers’ compensation claim for benefits within one year of your injury
While you will have a much clearer case if your injuries resulted from an accident, you can also receive compensation if you were sickened by exposure to toxic chemicals or your workplace injury resulted from repetitive stress.
Personal Injury Lawsuits for Construction Accidents
There is still a chance that you can file a personal injury lawsuit for your construction accident injuries. You should file a lawsuit because it can result in more compensation, including pain and suffering and your total lost wages.
To file a construction accident lawsuit, a third party (not your employer or co-worker) must be responsible for the accident injury.
Here are some examples of third parties that you can sue for negligence after a construction accident:
- The manufacturer of defective work equipment that malfunctioned and injured you
- A third-party contractor who was also working at the site and was negligent
- The electric company that did not properly bury power lines
- The driver of a work vehicle that caused an accident
You can also sue the contractor if you suffered an injury as a passerby. You can be struck by falling debris or trip over equipment left in an unsafe place.
In any construction accident case, the keys are knowing what happened and your legal rights. An attorney will investigate the accident and advise you whether you have a potential lawsuit against a third party. Your lawyer will cast a wide net to help you maximize your financial compensation when you are legally entitled to it. Given the complexities of a construction accident injury, you need a lawyer to fight for your legal rights.
Contact a Santa Clarita Construction Accident Attorney Today
If you or a loved one have suffered an injury in a construction accident, you cannot let too much time go by before you contact an attorney. The legal process cannot start without you, and missing deadlines can keep you from getting the financial compensation you need. At One Law Group, we will get started with your construction accident case as soon as you hire us. You can reach us online or call us at (844) 626-1529 to learn more about your legal options.
Construction Accident FAQs
What would happen if my employer did not have workers’ compensation insurance?
If your employer broke the law and did not provide workers’ compensation insurance, you can file a personal injury lawsuit against them.
Can I file a lawsuit if the dangerous condition was created by a subcontractor?
While you may have difficulty suing the general contractor (there are some circumstances where it is possible), you can file a lawsuit against the subcontractor.
How will my attorney prove any allegations in my construction accident lawsuit?
Your attorney will gather the necessary evidence and work with expert witnesses to prove what is in your legal complaint.