April 15, 2016
California Construction Accidents: Know Your Rights
Thousands of construction workers are tragically killed or seriously injured at work every year. The majority of these accidents are attributed to what the United States Department of Labor Occupational Safety and Health Administration calls the “fatal four:”
- being struck by an object, and
- getting caught in or between an object or equipment.
Construction workers who are injured on the job may have the right to a legal claim in the form of workers’ compensation action against an employer or site supervisor, third parties such as architects, engineers, manufacturers of equipment, or via a personal injury or wrongful death case.
Construction Accident Specific Litigation
Construction accident litigation is often more complicated than other types of civil litigation due to the typical nature of the construction worker-employer work status. While many construction workers are employed by a larger company, some are also “independent contractors”—a label that can diminish the legal rights of the employee as well as remedies available for personal injury actions.
Independent contractors are individuals who work for themselves and are generally not affiliated with a company; however, the employer/employee versus independent contractor may be very complicated and depends on several factors such as:
- how the worker came to work on the job,
- whether he or she was recruited,
- the nature and location of the injury,
- the nature of the work being completed, and
- at whose direction the work was being completed.
The distinction between an employee and an independent contractor is legally significant when it comes to workplace injuries.
Many construction accidents can be attributed to the heavy and complicated machinery present on a construction site. Construction jobs require trust from other employees (putting away supplies, keeping pathways clear, operating equipment properly) and great care from supervisors, managers, and developers overseeing construction projects.
Unfortunately, even with great care, these accidents can happen anytime and anywhere, like this local San Diego crane accident last month.
When a person is seriously injured on the job, he or she may incur significant medical expenses, lose time away from work, and may never be able to return to work due to the nature of the injuries. These circumstances can leave an individual unable to provide for a family and in dire financial and emotional conditions. However, if you have been injured during your job as a construction worker, you may be entitled to compensation for your injuries. Your colleagues, employers, and supervisors have legal responsibilities when overseeing a construction site and may be liable for injuries that you sustained.
San Diego Construction Accident Lawyer
Construction litigation can be complex due to the numerous parties that may be liable for a worker’s injury. At the Injury Trial Lawyers, APC, our experienced team on construction accident attorneys explore all possible avenues for compensation for our clients, and may pursue third parties, insurance companies, vendors, equipment rental companies, managers, recruiters, or manufacturers to ensure a solid legal claim.
We have the experience necessary to litigate a construction accident case regardless of whether there was injury or death involved and whether the case is settled or if it proceeds to trial. If you or anyone you know has been involved in a construction accident, contact our convenient San Diego office at (619) 525-7007 today.