What Causes Construction Accidents To Be So Prevalent?
Many construction accidents are caused by falls. Falls make up over 20% of injury-causing accidents on constructions sites. Other common accidents are brought about by various loud, heavy, or sharp tools, and exposed pipes and wiring. Defective tools or safety equipment can cause construction accidents quite often, as well.
Many construction workers who are injured on worksites are eligible for financial compensation for medical bills, lost income and in appropriate cases damages for pain and suffering. The spouse or family members of construction worker who are killed by construction accidents may be entitled to financial compensation for their loss, as well.
What Sort Of Compensation Options Are Available For Injured Construction Workers?
In the state of California, all work injuries must be reported to employers in order to be considered for compensation. The employer will require the employee to file a worker’s compensation claim. In the case of negligence contributing to an injury, a personal injury suit may also considered if a 3rd party is responsible for the injury.
- Worker’s Compensation Claim Alone
California law requires employers to carry worker’s compensation insurance policies to cover on-the-job injuries. Even if an injury is not due to an at-fault third party, a worker’s compensation claim can be filed to assist with the medical bills of the injured party and if appropriate, a permanent disability award.
- Worker’s Compensation Claim, Plus Personal Injury Lawsuit
If an employee is injured because of defective equipment due to the negligence of another party, or other injuries caused by a 3rd party, the employee can file a worker’s compensation claim, and also file a personal injury lawsuit against the negligent party.
I Was Injured While Working On A Construction Site. Who Is Responsible?
First, it is important for you and your personal injury attorney to consider all potential defendants who might be liable for your workplace injury. Defendants may include subcontractors whose employees acted negligently, property owners, or manufacturers of defective safety equipment or tools.
Can I File A Personal Injury Lawsuit Against Those Responsible For My Injury, Even If I’m Already Collecting Workers’ Compensation Benefits?
If a party other than your employer contributed to your injuries, you may file a personal injury lawsuit against them, even if you are already collecting workers’ compensation benefits. Since Workers’ Compensation benefits do not include some types of damages, such as emotional distress and pain and suffering, a lawsuit may be the only way to be fully compensated.
Can I File A Personal Injury Lawsuit Against My Employer For Causing My Injuries?
Most states bar an employee from suing their employer for negligence. Generally, if your employer is responsible for your injuries, you will be limited to filing a workers’ compensation claim. The exception to this rule is if the actions of your employer were outrageous enough to be considered intentional or reckless in nature. Each case must be considered on the merits of that individual case.
I Am A Subcontractor, And I Was Injured On A Construction Site. Can I File A Personal Injury Suit Against The Property Owner? The General Contractor?
A property owner has a duty to keep the premises of a construction site safe for the employees working on it. A general contractor has a duty to make sure subcontractors adhere to safety procedures. It is possible to file a personal injury lawsuit against one or both parties.
What Specific Kinds Of Accidents Occur Most Commonly On Construction Sites?
The most common construction accidents are falls, electrical mishaps, being struck by falling heavy objects, and limbs, clothing, or safety equipment getting caught in power tools.
Studies have shown that it is possible for contractors to reduce the occurrence of construction site injuries by simply implementing and enforcing workplace safety procedures on a consistent basis.
It Is Necessary For My Attorney To Retain Experts To Testify In My Construction Case?
It is essential to have highly qualified experts prepared to testify in any serious personal injury case. A construction safety expert is often required to explain safety procedures and regulations, and how the defendants failed to follow or enforce them. Your personal injury attorney will also need to retain your physicians and any vocational experts who treated your injuries, to verify that the damages you suffered, such as medical bills, lost wages, and pain and suffering are able to be proven and established at trial.
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