Construction sites are some of the most hazardous places to work, visit, and even walk by. Heavy machinery, elevated platforms, exposed wiring, and fast-paced activity create a constant risk of serious injury. A moment of negligence can result in life-altering injuries. When that happens, it is important to speak with an experienced California construction accident lawyer about your legal options.
Nadrich Accident Injury Lawyers is a personal injury law firm that has handled a variety of personal injury claims from the simple to the complex and their team of accident lawyers are ready to fight for those who were injured in a construction accident. Whether they are workers, pedestrians and even bystanders, our team of attorneys handle every case with the utmost care and respect.
Since 1990, we’ve been fighting for our clients’ rights, establishing a proven track record and recovering over $750,000,000 of financial compensation.
Past results do not guarantee future outcomes. Each case is unique and results depend on its specific facts.
By having our team of attorneys by your side, you can rest assured that your case is in the right hands. Should you have any questions or concerns regarding your case, our 24/7 legal team is here to help.
Call us today for a FREE consultation at (800) 718-4658 or fill out our quick online contact form.
Construction Accident Statistics
According to the Bureau of Labor Statistics, 35.3% of construction site deaths were due to trips, slips and falls in 2020. In fact when looking at the general number of injuries, workers in these occupations were injured 21,400 times due to trips, slips and falls that year. Recent years have seen more injuries at construction sites, where almost 400 workers died on the job in California in 2015 according to the California Department of Industrial Relations.
This represented a large increase over previous years’ totals, and was largely driven by an increase in construction industry workplace deaths. With that in mind, it is more important than ever to be wary of construction sites and take prompt action as soon as possible.
Common Types of Construction Accidents
Some construction site accidents are more common than others. Some of the more common construction site accidents include the following:
Ironworker Accidents
Ironworkers commonly work at extreme heights and need to handle very heavy tools and equipment. Falling objects and falls are very common accidents for ironworkers, but employers are responsible for making sure dropped objects and spills are prevented by making sure proper safety precautions, training, rigging, gear and harnesses are provided. When employers fail to provide these things, they are financially liable for any harm that results. If you were injured in an accident at a construction site due to defective tools or machinery, you can file a claim for a defective product.
Heavy Machinery Accidents
It is common for construction workers to work on or around heavy machinery like bulldozers and forklifts. Crane accidents, in particular, can lead to catastrophic injuries due to the size and complexity of the machinery involved. An employer is responsible for making sure all vehicles are maintained properly and all workers are trained properly to use heavy machinery. Employers are negligent when they fail to do so and as such are financially liable for injuries suffered by workers because of this negligence.
Electrical Accidents
Construction workers are commonly exposed to electrical hazards such as machines which can conduct electricity from faulty or live wires, being close to power lines, and tools which utilize power. A lot of electrical accidents can be prevented by equipment maintenance, safety precautions and proper training. However, employers sometimes don’t take safety measures which are reasonable in order to make sure workers aren’t shocked, electrocuted or burned.
Common Construction Site Injuries
A construction site can be a hazardous environment where various injuries can happen when proper safety procedures aren’t followed. Common injuries at construction sites include:
- Electrocution
- Crush injuries
- Lacerations
- Eye injuries
- Respiratory problems
- Broken bones
- Burns
- Head injuries
- Back injuries
Recoverable Damages for Construction Accidents
If you or a loved one has suffered a construction accident injury, you may qualify for financial compensation for any of the following.
Medical Bills
Medical expenses are the most common type of damages in a construction accident injury claim. Depending on the severity of the injury, you may also require ongoing medical treatment in the future and these bills can potentially place a lot of financial stress onto you and your family. In such cases, a California construction accident attorney can help get compensation for any past or future medical bills related to your accident.
Lost Wages
Lost wages are defined as missing income due to the accident in question. As construction site injuries often lead to victims having to miss time from work, either because they are hurt too badly to work or because they have to take time off to attend medical treatments, they may be eligible to recover compensation for any wages your accident left you unable to earn.
Loss of Earning Capacity
Construction site accidents sometimes leave victims with permanent disabilities. When an injury at a job site leaves someone with a disability, they may no longer be able to work again, or may no longer be able to work in the construction industry again. You may qualify for compensation for any loss of or reduction of your earning capacity connected with your construction accident.
Pain and Suffering
Pain and suffering is a form of non-economic damages where injured victims can claim compensation for the negative impact the accident has had on them. Construction accidents, such as being struck by falling objects, can lead to physical pain and mental suffering. While there is no set value for pain and suffering, the value for this type of damage will vary on a case by case basis.
Wrongful Death Damages
Unfortunately, construction accidents can sometimes be fatal, in which case you could qualify for a wrongful death claim. Financial compensation can’t bring your loved one back, but it can prevent you from undergoing unnecessary financial hardship as a result of your loved one’s death. You might qualify for compensation for your loved one’s burial costs, funeral costs, medical bills, pain and suffering. Depending on the nature of the case, victims might qualify for compensation for the loss of their loved one’s income, household services, love and companionship.
Who Is Liable For My Construction Site Accident Injury?
When it comes to determining liability for a construction site accident claim, numerous parties might be held liable for your injuries. Accidents might be a single party’s fault, but fault can also be divided between several parties from the workers to land developers to even the property owner.
Property Owners
Property owners, including developers, landlords, and corporate entities, all have a non-delegable duty to keep their premises safe. Under California Civil Code Section 1714, property owners are expected to exercise ordinary care in managing their property to prevent injuries and should someone suffer an injury due to their negligence or recklessness they can be held liable for all damages.
For instance, a property owner may be held liable if:
- They retained control over the construction site or specific aspects of the work
- They created or contributed to the hazardous condition
- They failed to address or warn about known risks
General Contractors and Subcontractors
Under California Labor Code Section 6400, employers, including general contractors and subcontractors, must provide a workplace that is safe and compliant with Occupational Safety and Health Administration (OSHA) regulations. If a general contractor fails to implement or enforce safety standards, or if a subcontractor creates hazards that impact others on the site, they may be found negligent in accordance with OSHA guidelines.
Third Parties (Outside of the Employer)
Even if everyone working on the property is following safety guidelines, third parties can potentially cause an accident due to their own negligence and/or recklessness. The following examples are things that can happen at a construction site and cause a personal injury lawsuit to occur.
- A delivery driver backing into a construction worker.
- A utility company leaving live wires exposed near a job site.
- A manufacturer of a defective harness or safety vest.
- A neighboring business creating unsafe access conditions.
In the event of a third party being responsible for causing an accident, construction accident victims can get workers compensation benefits and file a personal injury claim against the responsible third party. This will allow injured workers to recover damages not available under workers’ comp, such as pain and suffering, full wage loss, and punitive damages.
How Long Do I Have To File A Construction Accident Lawsuit?
For all personal injury claims, including construction accidents, the injured party is given two years from the date of the incident to file a claim, as per the statute of limitations in California Code of Civil Procedure 335.1. However, if the injured party is filing a claim for compensation from a government entity, that time limit is reduced to six months from the date of the accident.
If the injured party fails to file a claim within the given timeframe, then they will automatically waive their right to recover compensation for their injuries. With that in mind, it is vital to file a claim as soon as possible. Depending on the nature of the case, it may be difficult to find certain pieces of evidence and file paperwork on time, so hiring a construction accident attorney can help expedite that process.
Is It Worth It To Hire A Construction Accident Lawyer?
While people can file claims on their own, it may prove to be a challenge, especially if they are unfamiliar with the legal process. An attorney may help investigate the claim, gather evidence, negotiate with insurers, and pursue damages through litigation when necessary.
By hiring a California personal injury lawyer after a construction accident, victims can focus on recovering from their injuries while their attorney fights on your behalf and handles all of the legal paperwork and motions that need to be filed within the court system. In addition to their services, a construction accident attorney can offer sound legal advice and give you options on what is the best course of action for your claim.
Nadrich Accident Injury Lawyers Is Here to Help
If you or a loved one has suffered an injury at a construction site due the negligence or recklessness of another party, you may be able to recover compensation for your injuries. At Nadrich Accident Injury Lawyers, our team of attorneys are familiar with workplace regulations and premises liability and are confident they can help you with your claim.
Call us today for a FREE consultation at (800) 718-4658 or fill out our quick online contact form.
FAQs
How Much Can I Recover in a Construction Site Accident?
The amount a person can recover in a construction site accident will vary on the severity and scale of the accident in question. For instance, severe injuries like lifelong complications such as traumatic brain injuries and spinal cord injuries can be valued around six figure range due to the associated high medical expenses.
Can I File a Claim Without an Attorney?
Accident victims can always file a claim without the assistance of an attorney, but it is generally not recommended unless they have a good understanding of the legal process. As there can be a lot of developments in personal injury claims, it can be difficult to remain objective, file all necessary paperwork, and not be susceptible to negotiation tactics. Which is why it is always recommended to hire an experienced construction accident attorney to help you with your claim.
How Much Do Accident Attorneys Charge in California?
In California, accident attorneys either charge on an hourly or contingency fee basis. Those who operate on a contingency fee will only charge a flat fee if they win their client’s case and this fee can range anywhere from 25%-40%.
How Long Does a Construction Site Accident Lawsuit Take?
The length of a construction site accident claim will vary on the complexity and severity of the case. For instance, a construction worker who was seriously injured due to incorrect and negligent signage may take several months to complete, but a wrongful death at a construction site accident may take up several months to years. However, all cases are different and it is recommended to consult with a personal injury attorney to get a more accurate timeline for your case.
