When a construction site accident occurs, the worker who is harmed can take legal action to obtain monetary compensation for losses. If the incident leads to fatal injuries, surviving family members may also receive monetary damages via a wrongful death action. An experienced San Diego construction accident lawyer at Injury Trial Lawyers, APC can help you to understand your rights and pursue your damage claim. Call today to speak with a member of our legal team.
Construction Site Accident Facts
The California Department of Labor Statistics for 2013 included the following data regarding construction site accidents:
- Non-fatal injuries: 28,000
- Non-fatal injuries requiring days off from work: 17,500 (63%)
- Fatal Injuries: 61 (accounting for 15.4% of all workplace fatalities in California)
The leading causes of construction site fatalities occurred as a result of:
- Contact with objects and equipment: 48%
- Slip and fall incidents: 36%
- Transportation incidents: 21%
- Electrocutions: 9%
We know that if you have been injured on the job you are going through a tough time. Our personal injury attorneys have handled hundreds of these cases, and we know how to make sure you get the compensation you deserve.
Compensation After a Construction Site Accident
If a construction worker is hurt on-the-job, he should be covered by workers’ compensation as employers are required by law to carry worker’s comp insurance. Because of worker’s comp, you cannot usually sue the employer. Worker’s comp should cover:
- Medical bills paid in full,
- Disability income through his employer or his employer’s insurance company, and
- Death benefits are available in the event of a fatal construction site injury
Medical, disability and death benefits can be obtained by the worker or his family members regardless of whether an employer was negligent, and even in some circumstances where the worker may have made errors that led to his own on-the-job injuries. However, workers’ comp benefits do not cover pain and suffering damages.
While construction workers cannot usually sue employers, it is possible that the employer was reckless or negligent. In these situations, our attorneys will seek compensation directly from the employer and beyond worker’s comp.
It may also be possible to make a third-party injury claim against others who were responsible for a construction site accident. For example:
- Project engineers, or
- Manufacturers of construction equipment
could all be sued by a worker hurt on a construction site. When a personal injury or wrongful death claim is filed, the construction worker or his family may need to show that the defendant was unreasonably careless or that a design defect in a construction tool was the direct cause of the damage.
Non-employees who happen to be harmed on construction sites can also take legal action through a personal injury or wrongful death claim. We can help you to pursue your case if you are a victim of an accident.
Hire an Experienced San Diego Construction Accident Lawyer
Because there are multiple possible ways to obtain compensation and multiple possible defendants who can be held responsible for your construction injuries, you need to get legal advice as soon as possible after your construction accident.
Injury Trial Lawyers, APC has been representing clients and helping them to obtain monetary compensation for all damages and losses. We know how to negotiate with insurance companies as well as how to present a convincing case to a jury if your claim does not settle outside of court.
Our San Diego construction accidents attorneys do not charge legal fees unless we obtain monetary compensation for your losses, and we offer free case evaluations to help you understand your legal rights. Contact our personal injury attorneys today and to learn how we can assist with your claim.